Unless context dictates otherwise you should read "You" or "Yours" as pertaining to you the customer and "Aimtec, Us, We, Our, Ours" as pertaining to Aimtec Pty Ltd.
Section headings are to aid readability only.
What is covered by these Terms and Conditions
Unless otherwise agreed in writing all goods and services supplied to you by Aimtec including (but not exclusively) internet and hosting services, consulting, training, support, software and web/software development ("Services") will be provided subject to these terms and conditions.
Where fees are advertised on our web site you will be deemed to have been notified of them.
We reserve the right to change our fees at any time by either changing the fees advertised on the web site or by providing you with written notice prior to provision of service.
For Subscription services the new fee for such services will apply at the renewal date following the change.
We reserve the right to charge late payment fees, service reinstatement fees and administrative fees as set out in these terms and conditions. We reserve the right to vary these fees and the circumstances in which they apply at any time by giving you prior written notice.
Where fees are based on hourly rate the fee will be rounded up to the nearest one tenth of an hour for each day in which work is performed.
You agree to make payment in advance of provision or renewal of Services except where expressly stated by us in writing to you. Should we not receive payment in the agreed time frame we will be entitled to charge you late payment fees.
Should you not pay within our terms and fail to make a satisfactory arrangement with us for payment we will be entitled to proceed against you for full payment, including any late payment fees and you agree to pay all of our costs, including debt recovery and legal costs that may arise in that event.
Delivery of Notices
We will use the e-mail address you gave us to send you notices. You agree to ensure that we are advised of any change in this e-mail address as soon as you can. Notices are deemed to be received by you on the same day that they are sent by e-mail providing that we send them at least one hour before close of business on that day. We may alternatively choose to send notices by ordinary post or by fax using the contact details that you have given us.
You may send us notices and instructions to the e-mail address that we provide to you for this purpose or you may send them by ordinary post to our registered office address. The contact form on our public web site is for information requests only and is not to be used for sending of notices as it is not closely monitored. At our absolute discretion we may choose to defer acting upon instructions received by e-mail until we have confirmed them with you.
Restrictions of use
You warrant that in relation to your use of the Services you will:
- not contravene any applicable local, state, national or international law, including but not limited to any regulation or treaty having the force of law, and
- not disseminate pornographic material, and
- not send Spam as defined in the Australian Spam Act 2003
- not defame, threaten, harass or abuse, and
- not disseminate information where you have no right to do so, and
- not attempt to access information that is confidential to Aimtec or any third party, and
- not attempt to deny service provided by Aimtec or any other service provider to any party, and
- not exceed any Operating Limits set down by Aimtec
- comply with any rules imposed by any third party whose content or services are accessed via the Services, and
- not act in such a manner as to expose Aimtec or its service providers to any liability.
Without accepting responsibility to ensure compliance we reserve the right to monitor and audit your use of the Services to check for compliance with the above restrictions, billing, and for any other reasonable purpose.
Standard mailboxes have a 10MB size limit. After your mailbox reached this size further incoming mail to that mailbox may be refused. It is your responsibility to ensue that you regularly clear your mailbox to avoid reaching this limit.
Standard web sites have a 50MB size limit. You can increase this limit by purchasing additional storage. If you exceed this limit you will not be able to upload files using FTP without first deleting some.
Standard web sites have a maximum bandwidth (IP traffic) quota of 500MB per month which includes both incoming and outgoing traffic.
Aimtec may set other Operating Limits on your use of the Services, such limits will be advised to you by written communication and/or publication on our web site.
Termination or suspension of Service
You may terminate the provision of Services at any time by written notice. We will endeavour to terminate your Services no later than one business day following receipt of such a notice or the date at which the termination is to take effect. You understand that no refund for fees either paid or due for payment will be provided should you choose to terminate your Services early.
We reserve the right to suspend any or all of your Services immediately in one or more of the following circumstances:
- You fail to make payment for fees when it is due, or
- You breach any of these terms and conditions, or
- At our absolute discretion we determine that your use of the Services is causing undue degradation to our servers or our ability to provide Services to other customers generally.
We will endeavour to notify you as soon as possible should we need to suspend your services under this provision.
We reserve the right to maintain suspension of your Services for as long as these circumstances are not rectified by you or to terminate your services without refund should you fail to rectify them within a reasonable time.
You understand that you will not be entitled to a refund of fees for the period of time that your Services are suspended under this provision.
We reserve the right to charge you a reinstatement fee for Services that have been suspended under this provision.
We may choose to terminate your Services at any time and for any reason. Except in the case where termination is the result of your failing to rectify the circumstances leading to suspension of services as described above we will provide a pro-rata refund of fees that have been received from you for those Services should we choose to terminate them before they are due for renewal.
You agree that the software, written procedures, web designs and database systems that form our hosting environment are the intellectual property of Aimtec or our suppliers and you agree to not copy those items without our written consent.
Where you engage us to create intellectual property, such as software, web designs, database designs and so forth, the ownership of the resulting intellectual property will reside with us unless we agree otherwise in writing. You agree that your entitlement to the use of such items will in no circumstances be on an exclusive basis unless we explicitly agree otherwise in writing and you are not to infer exclusivity in the absence of it being explicitly mentioned.
Reliability and Security of Service
You accept that we cannot provide the Services 100 percent of the time and that reasonable down-time is expected for maintenance and other purposes.
You accept that the Internet is not a 100 percent secure or reliable medium and will not hold us responsible for loss of data, delivery failures or security breaches.
We reserve the right to move your services between our servers or move them to third party servers. This may result in a change of IP number(s) associated with the services so your use of the services must not depend on the associated IP number remaining the same.
We reserve the right to assign your account to another hosting provider where we are of the reasonable opinion that the provider will be able to provide a service that suits your requirement or we are no longer able to offer a service that suits your requirements.
Back up of Data
You accept all responsibility for back up of data that has been submitted to us or is stored on our servers or on your own server hosted by us.
At our absolute discretion we may choose to back up your data, but you are not to rely upon it. Should you need us to retrieve data for you from our back up you understand that we will charge a fee for that service.
Warranty and Liability
Except for explicit guarantees that in our absolute discretion we choose to make and display on our web site or otherwise communicate to you in writing in relation to specific services we do not make any express or implied representations or warranties regarding the Services, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance.
We exclude any condition or warranty implied by statute to the extent we are able to do so but to the extent we may not exclude that liability, our maximum liability for breach of a condition or warranty implied by statute is limited to refund of the fees for the period that the Services were reported and determined to have been unavailable or defective, except in the case of a warranty implied under the Trade Practices Act 1974 or equivalent State legislation, in which case our liability will be limited to supplying the Services again or payment of the costs of having the Services supplied again.
You will not hold us liable for any consequential damage to you or any other party as a result of the failure of the Services to perform or be provided according to expectation.
You release and indemnify Aimtec, its officers, agents and employees ("The Indemnified") from and against all actions, claims, proceedings or demands which may be brought against the Indemnified in relation to the Services provided to you by us and for any costs we incur due to your failure to adhere to your obligations under these Terms and Conditions, including legal costs incurred in proceeding against you.
Subscription Services are those Services which are subject to renewal at agreed intervals and include, but not exclusively, hosting services, contracted support services, software subscriptions.
Subscription Services will be packaged together for the purpose of billing and renewal. A package of services ("Package") will have an agreed start date, duration and renewal date. You may have several Packages running concurrently.
Where we invoice you for your renewed services at least 14 days prior to the date of renewal, and you have not paid the invoice before the date of renewal we will at our absolute discretion be entitled to either suspend or partially suspend the services for non-payment and/or charge you a late payment fee of $11. Then if you do not pay both the original invoice and the late payment fee within a further 14 days we will be entitled once again to either suspend the services and/or charge another late payment fee. Suspension of services does not change your obligation to pay fees that have been levied. Should we suspend your services we will charge a fee of $49.50 to have them reinstated. We reserve the right to vary the amount of late payment and reinstatement fees, and any other fees by giving prior notice.
Unless you advise us to the contrary in advance of the agreed renewal date, a Package will at our absolute discretion be automatically renewed for a further interval of the same length and you will be liable for payment of any fees due even if you do not require those services. If the fees for any services in the Package have increased since last billed we will notify you of the increase and offer the you the opportunity to decline renewal. This provision should not be misconstrued to infer an obligation on our part to continue to provide service should we elect not to do so.
You may request that services be removed from or added to a Package at any time. Refunds for removed services will be at our absolute discretion and should we elect to provide a refund we may choose for it to be applied to new or future Services.
We reserve the right to charge a fee for adding or removing services to a Package, such fee (if any) will be advised to you in advance. If you advise of such a change after receiving your invoice for renewal and as a consequence we need to cancel or change the invoice we will charge an administration fee of $22 for each time we need to change the invoice.
If in relation to your subscription service you ask us to carry out actions on your behalf that would not generally be provided as part of that service we reserve the right to charge you a fee of not less than $154 per hour worked.
Where you engage us to provide consulting services an admin fee of not less than $49.50 will apply for the setting up of each job. If you require work to be allocated to different purchase orders or be otherwise partitioned for reporting purposes you must arrange for a new job to be created for each such partition. You will be given an Aimtec reference number or identifier for every job and will need to quote that job identifier when instructing our consultants to perform work for you. In the absence of a signed agreement to the contrary our fee will be based on hours worked and these will be charged at our standard hourly rate which is not less than $154 per hour and may be more depending on the nature of the work and the level of skill required. Where the hourly rate is more we will advise you prior to accepting the work.
Changes to these Terms and Conditions
We reserve the right to vary these Terms and Conditions from time to time and notify you by amending them on our web site. For this reason you are strongly advised to periodically check these Terms and Conditions. You will find the latest Terms and Conditions on a link from our home page at http://www.aimtec.com.au or you can ask us to send them to you.
You agree that arrangements entered into between you and Aimtec will be governed by the laws of the state in which Aimtec's registered head office resides, currently being the State of Victoria, Australia, and you submit to the courts of that State.
You will be responsible for all taxes, duties, assessments or charges imposed or levied by either your Government or the Australian Government in respect of the provision of Services by Aimtec.
Each word, phrase, sentence, paragraph and clause ("a provision") of these Terms is severable and if a court determines that a provision is unenforceable, illegal or void, then the court may sever that provision without affecting the validity of the other provisions of these Terms.