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Terms & Conditions


These are the OZEBIZ Index Pty Limited (ACN 091 734 566) Standard Terms And Conditions for the supply of the OZEBIZ Service offered from time to time on the OZEBIZ website ("the Service"). These terms apply to you as a user of the Service ("client or you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.

Please look out for any amendments to these Terms and Conditions that OZEBIZ ("we") might make in the future. From time to time we will make amendments to them by giving you notice of the change and you will then be obliged to comply with these terms and conditions as amended or cease using the Service.

This agreement commences on the date of application and continues until terminated in accordance with the provisions of this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content that forms part of the client's web sites or emails.

1. Application and Variation of these Terms
These terms and conditions are the terms on which we provide the Service to you. These terms constitute the agreement in its entirety and supersede prior agreements. We may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on the our home page at www.ozebiz.com.au, and any use after that publication will constitute an acceptance of that modification.

2. Service
2.1 We will assign the client a logon name ("VS number") and password which will provide you with access to the directory created for your site. We will provide the client with Webhosting and Email Services as per the Web Hosting product you have selected.

2.2 We will advise you of any changes affecting your site via email or by notice on a page of the Internet refered to on our home page at www.ozebiz.com.au

2.3 Scheduled Maintenance must be performed to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the Service to be off-line for more than 30 minutes we will post details of the scheduled maintenance.

2.4 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the Service to be off-line for more than 30 minutes, we will post details of the event after the maintenance has been completed.

2.5 Archiving of Data - We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. This process requires that you maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out of date, corrupt or otherwise deficient Client Data recovered from our backups.

2.6 The Service is provided by us from our datacentres in Australia. We will determine in our absolute discretion from time to time the datacentre location from which your Service is provided.

2.7 In contracting with us for the Services, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.

3. Payment
3.1 You must pay for the Service as agreed from time to time. In particular you must pay all set up fees, Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected. Prices published on our website are exclusive of any government taxes or charges unless otherwise noted and are exclusive of any registration or delegation charges imposed by domain name authorities.

3.2 In addition you must provide and pay for: a. the installation and use of telephone lines and all other equipment needed to access the Service; and b. all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.3 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card and all subsequent cards issued in renewal of that card for all charges. Your billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.

3.4. You consent to us obtaining from a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. In accordance with the Privacy Act 1988 we may report to a credit reporting agency that you are in default of the trading terms of this agreement and/or because it was necessary to hand over the account to a collection agency to obtain payment.

3.5 No refunds of advance payments will be given under any circumstances.

4. Warranties and Liabilities
4.1 We do not warrant that: a. the Services provided under this agreement will be uninterrupted or error free; or b. the Services will meet your requirements or c. the Services will be free from external intruders (hackers) or other persons having unauthorised access to our Services or systems.

4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the Services again; or payment of the cost of having the Services supplied again.

4.3 Except under clause 4.2, we will not be liable to you for: a. any loss or damage in respect of the provision or use of the Services, b. any costs, claims, loss or damage of any kind resulting from your fraudulent, negligent or otherwise unlawful behaviour, c. any costs, claims, loss or damage arising from any information, Client Data, other data or material provided to us by you or on your behalf.

4.4 You warrant that: a. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; b. you will conduct such tests and computer virus scanning as may be necessary to ensure that Client Data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; c. you will keep secure any passwords used to upload Client Data to the Server and d. you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.

4.5 You accept responsibility for all Client Data, information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any Client Data or information which is illegal or defamatory. You also acknowledge that we do not vet or approve any Client Data, information or material available through the Service and that we do not accept any liability. You access and use such Client Data, information and material at your own risk.

4.6 You agree to abide by our Acceptable Use Policy.

4.7 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

4.8 Except as provided in clause 4.2. we are not liable to you or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service, c. loss or damage caused by third party software applications forming part of the Service.

4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from: a. your breach of these terms, b. your use or misuse of the Service and c. the use or misuse of the Service by any person using your account, d. publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.

5. Suspension of Service
5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or b. if you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or do, or allow to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

5.2 We may, without notice to you, remove, amend or alter Client Data upon being made aware of: a. any claim or allegation; or b. any court order, judgment, determination or other finding of a court or other competent body, that the Client Data is illegal, defamatory, offensive or in breach of a third party's rights.

5.3 We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with us on 30 days notice to us.

5.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.

6. Domain Names
6.1 If you have requested that we register a .com, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar Melbourne IT Limited located at URL: http://www.inww.com/policies/gtldtermcond.php3
You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.

6.2 If you have requested that we register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3.

6.3 You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind us. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be viewed at https://direct.inww.com/udrp-rules.shtml.

6.4 You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.

6.5 We make no representation and give no warranty about your chosen domain name being available for registration or use by you.

6.6 You expressly authorise and direct us to:
a. be nominated as authorised billing contact for your domain name with the domain name registrar;
b renew your domain name registration upon receipt of renewal notification from the domain name registrar, and invoice you for the relevant charge in accordance with our list price from time to time.

6.7 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name.

7. Miscellaneous
7.1 You grant to us a license to use and reproduce all Client Data in order to fulfil our obligations under this agreement.

7.2 We may use subcontractors to fulfil any or all of our obligations under this agreement.

7.3 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

7.4 This agreement and the transactions contemplated by this agreement are governed by the law in force in New South Wales.

7.5 You may not assign your rights and obligations under this agreement without our prior written consent.

OZEBIZ Acceptable Use Policy

This is OZEBIZ's Acceptable Use Policy. It applies to you if you are an OZEBIZ subscriber or user ("you"). It is intended to ensure that your use of OZEBIZ's service is trouble free and that you have due regard to the law and the needs of other users. Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy. Please look out for any amendments to the Policy that OZEBIZ ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

Some general principles
1.1 OZEBIZ is not responsible for the content of user originated traffic. We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorised by us. The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.

1.2 You are responsible for use of your account If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.

1.3 You are responsible for complying with conditions of use of other networks If we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.

2. Acceptable uses
2.1 You have responsibilities. It is your responsibility to: use our service and services in a manner which does not violate any applicable laws or regulations; respect the conventions of the newsgroups, lists and networks that you use; respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service; respect the privacy of others; use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.

2.2 Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.

3. Unacceptable uses
3.1 You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.

3.2 Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things: violate copyright or other intellectual property rights; illegally store, use or distribute software; to transmit threatening, obscene or offensive materials; engage in electronic `stalking' or other forms of harassment such as using abusive or aggressive language; misrepresent or defame others; commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; damage, modify or destroy the files, data, passwords, devices or resources of OZEBIZ, other users or third parties; engage in misleading or deceptive on-line marketing practices; conduct any business or activity or solicit the performance of any activity that is prohibited by law; make an unauthorised transmission of confidential information or material protected by trade secrets; or attempt to do any of these things.

3.3 Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not: distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming'); send unsolicited commercial messages; propagate computer worms, viruses and other types of malicious programs; make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers; and harass or impersonate OZEBIZ or other users.

3.4 Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.

3.5 Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances. The Partner program provides for the resale of services.

4. What we may do to ensure that this policy is being followed
4.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.

4.2 We will make an effort to contact you. If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.

4.3 We may terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may: warn you by email; suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

4.4 In the event of taking action under 4.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.

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