The following terms of business apply to any or all of the domain name registration, services to be provided by Warwick Lyons to you from time to time, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by Warwick Lyons to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.

   

 

   

Domain name registration terms    

            
1. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.             
2. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.             
3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.             
4. Outbound domain transfers from Hostess.com.au to Warwick Lyons incur a $16.50 AUD Administration charge invoiced to the gaining Account by the Warwick Lyons Accounts team. This charge is not applicable for domains transferring for the purpose of ordering Warwick Lyons provided services.         

General terms and conditions

Service availability

        

            
1. We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.             
2. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.         

   

Intellectual property rights and other consents

        

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

   

Indemnity

        

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

   

Termination

        

            
1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.             
2. We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.             
3. We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.             
4. On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.             
5. On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.             
6. Without limiting the section below on our Exclusion and limitation of liability, Warwick Lyons will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.             
7. If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Warwick Lyons will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but Warwick Lyons will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Warwick Lyons.             
8. Warwick Lyons shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.             
9. If you wish to terminate your account with Warwick Lyons, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, Warwick Lyons will not accept verbal instructions to terminate an account. To submit the cancellation form, login to The Console, select “Account Management” then click on “Cancellation”. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by Warwick Lyons.             
10. On receipt of your cancellation request, Warwick Lyons will cancel your service at the first available opportunity.             
11. There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.         

   

Payment

        

            
1. All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and shall be due and payable within thirty (30) days of receipt of our invoice therefore.             
2. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.             
3. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.             
4. Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.         

   

Account fee

        

            
1. If you nominate that the good(s) or service(s) you have purchased to be invoiced, you will be charged a $4.40 account fee per invoice issued.         

   

Late payment fee

        

            
1. If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.         

   

Exclusion and limitation of liability

        

            
1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.             
2. Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.             
3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.             
4. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.         

   

Important note:

   

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

        

            
1. in relation to goods                 
                       
   1. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or                     
   2. ii. the repair of the goods or payment of the cost of having the goods repaired;                 
               
2. in relation to services:                 
                       
   1. the supplying of the services again; or                     
   2. The payment of the cost of having the services supplied again as in each case we may elect.                 
           

   

Notices

   

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

   

Severability

   

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

   

Assignment

   

The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

   

Change to terms on renewal

   

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available at /legal/terms.html.  Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

   

Entire agreement

   

These terms and conditions constitute the entire agreement between Warwick Lyons and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and Warwick Lyons.

   

Entire agreement, governing law

   

In addition to general Account, Billing and Service communications, Warwick Lyons will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by sending an email to unsubscribeme@Warwick Lyons.com.au or by following 'unsubscribe' instructions contained within the communcitions.

   

You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you

   

You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.