Effective June 2021
1.1 These Universal Terms & Conditions apply to the provision of services by Webcentral Group Limited trading as Melbourne IT (ABN 21 073 716 793) (Melbourne IT, we, us, our) to you as a user and customer of our services (you, your)..
1.2 Your Contract with us for each Service is made up of:
1.3 The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.
1.4 We may change the terms of your Contract by giving you notice of the change and posting new versions of any online terms on this page. If you continue to use the Service after the relevant notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.
2.2 Monthly contracts will roll on a monthly basis without notice to you. Unless the Service Terms state otherwise, fixed term contract Services (other than a month-to-month contract) will automatically roll over for a further fixed term of the same length on the date notified to you by our reminder notice. If a fixed term contract is not renewed for a further fixed term, it will roll over on a monthly basis.
2.3 If your fixed term contract Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or “do not renew” advice in time, we will auto-renew the Service to ensure it continues uninterrupted.
2.4 Nothing in the Contract transfers to either party any intellectual property rights (“IPR”) owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for the purpose of using our Services only.
2.5 You acknowledge and accept that a third party supplier may be used to provide the Service to you and we may change this supplier at any time in our sole discretion. Should a change in supplier occur, you acknowledge and agree that we have full authorisation to move, alter or delete your data as reasonably necessary.
3.1 You must keep all login details to The Console secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).
3.2 You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
3.3 You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.
3.4 You consent to our use of your login details in provisioning the Services, including in respect of any migration or transition of your account, content or data (to or from any suppliers we use) as reasonably necessary for the continued provision of the Services.
4.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
4.2 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, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.
4.3 You indemnify us from and against any and all liabilities incurred by us in connection with our:
4.4 Except to the extent that we expressly agree to do so as part of a Service, you must conduct backups of any of your data (whether hosted on our computer systems or provided to us in connection with the performance of the Services at such intervals as are reasonable having regard to the nature of the data.
5.1 You authorise us and provide consent to keep on file and automatically debit the credit card details associated with your account for all Services fees on issuance of a valid invoice (Consent Agreement). To minimise service disruption due to credit card expirations, you consent to our billing systems automatically attempting to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all times. Changes to this Consent Agreement will be notified to you by changes to this terms and conditions web page. The expiration date of this Consent Agreement will be taken to be the expiry of any Services provided to you. The stored credential will only be used for payment for the Services.
5.2 Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period. Each time we charge a transaction, we will provide you with a receipt of the payment. We require 3 business days’ notice prior to your next billing date to avoid charging you at that next billing date. If you elect to cancel a payment method, we will then, subsequent to the expiry of the notice period, provide a cancellation or refund confirmation within 3 business days.
5.3 Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the daily rate of 12% per annum).
5.4 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
5.5 Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.
5.6 A number of our services, including our promotions, require verification of a valid credit card. In order to verify your credit card, an amount of $1 may be debited from your credit card. This amount will typically be credited back to your account within 7-14 business days, depending on the bank that issues the card.
6.1 Netregistry may offer free trial periods to Services from time to time. During a free trial period, you will not be required to pay any Services fees. Please note that your credit card may be charged a small nominal amount to verify your credit card but this verification charge will be refunded without you needing to take any further action. You may cancel your free trial subscription, to take effect at the end of the free trial period.
6.2 Netregistry may also offer other promotional discounts or benefits (Promotions).
6.3 We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any free trial or Promotion in our discretion for the purposes of preventing abuse of the free trial or Promotion. Free trials and Promotions may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.
6.4 If you sign up to a free trial or a Promotion, and do not terminate your agreement within the duration of the free trial or Promotion, the contract may auto-renew with no further notice to you. If you do not cancel your free trial or Promotion, you will be charged the Services fees in accordance with the Service that you selected during your initial registration for the free trial or Promotion, starting from the first billing period after the free trial or Promotion ends.
7.1 Either party can terminate a Contract for convenience on 30 days notice, to take effect at the end of a fixed term, or if there is no fixed term, at the end of the 30 day notice period.
7.2 If you terminate a fixed term contract before the end of its term, and unless the Service Terms provide differently you will be charged an early termination charge equal to 6 months’ fees or the fees for the rest of the contract term, whichever is the lesser (Early Termination Fee). If you have prepaid fees for the fixed term contract and there is greater than 6 months remaining, on request, you will be refunded the balance of the prepaid fees minus the Early Termination Fee. Refunds are not available for domain names.
7.3 If you wish to terminate your account, you can do so:
7.4 Either party may terminate this Contract immediately by notice in writing to the other party if:
7.5 If we terminate a Service for a reason set out in 6.4, we shall also be entitled to immediately cease any of our other Services to you.
8.1 If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.
8.2 We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
8.3 You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.
8.4 All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.
8.5 If any goods or services supplied pursuant to this agreement are supplied to you as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:
9.1 Nothing in the Contract excludes or limits either party’s liability under or in respect of:
9.2 To the maximum extent permitted by applicable law, neither party is liable for:
9.3 Each party’s aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 8 is limited to the charges paid by you in respect of the Services for the preceding 12 months to any such claim.
10.1 1 Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either:
10.2 A notice will be deemed delivered (a) if sent by email, on receipt by the sender of a receipt confirmation; (b) if sent by fax, on receipt of an error free transmission report; (c) if sent by post, five business days following the date of posting; and, (d) if posted to a publicly accessible online platform, the time and date the notice is posted to the online platform.
10.3 Neither party may assign its rights or obligations under this Contract without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that without your consent we may novate this Contract to any of our related bodies corporate or assign this Contract to a successor in connection with any corporate reorganisation, merger, acquisition, or sale of our business or assets to which this Contract relates.
10.4 We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.
10.5 The Contract is to be interpreted in accordance with the laws of the State of New South Wales.
Effective July 2014
When you obtain certain services from Melbourne IT, you are stating that you have read and understood this Acceptable Use Policy, and you agree to abide by it.
This is the Melbourne IT Acceptable Use Policy (AUP). It applies to you if you have obtained certain services offered from time to time on our websites, as further specified in the terms and conditions for the relevant service (collectively referred to as the Services)
Please read it carefully as it is a condition of the supply of the Services to you that you agree to this AUP.
1.1 We may vary this AUP at any time by general notice on a page of the internet referred to on our websites at http://www.melbourneit.au/policies/. Changes to the AUP will become effective upon publication of the notice.
1.2 If you use any Service after publication of any change to the AUP accordance with clause 1.1, your use will constitute acceptance of the amended terms.
1.3 Any reference in this AUP to our Supplier is a reference to any third party service provider (Supplier), if and to the extent a Supplier is supplying the Services to you on behalf of us.
2.1 The purpose of the AUP is to provide a set of principles, rules and guidelines for the use of information obtained by you from the Internet. The Internet provides you with the means of acquiring and disseminating a wealth of public, private, commercial, and non-commercial information. We respect that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventative or corrective actions as set out below.
3.1 You agree that you are at all times responsible for the use of your account. You also agree that you are at all times responsible for ensuring that anyone who accesses your account (for whatever reason, and regardless of how your account is accessed) is aware of this AUP and complies with this AUP.
3.2 If you are a provider of Internet services, you agree to comply fully with all applicable laws concerning the privacy of on-line communications and the provision of Internet services. Any failure by you to comply with those laws will constitute a breach of this AUP.
3.3 If you are a provider of Internet services, we do not require you to monitor or censor transmissions or websites created by your customers. Notwithstanding the preceding, you acknowledge that information reaching our facilities or our Supplier may have originated from a customer of yours, or from another third-party. As a consequence, you agree that we or our Supplier, respectively, have the right to directly take action against a customer of yours, or, against you directly because of any activity of a customer of yours, even though the action may affect other customers of yours.
3.4 Finally, if you are a provider of Internet services, you agree to co-operate with us and/or our Supplier in any corrective or preventive action that either we or our Supplier, respectively, deems necessary. Failure to cooperate with such corrective or preventive measures is a breach of this AUP.
4.1 You agree that we cannot and do not monitor, verify, warrant, or vouch for the accuracy and quality of the information that you may acquire over the Internet, or, review, edit, censor, or take responsibility for any information you may create.
4.2 As a result of clause 4.1, you agree that:
4.3 Notwithstanding clauses 4.1, you acknowledge that we or our Supplier may:
5.1 You agree that you shall be responsible for ensuring that neither you, nor any other person or party whom you permit to use the Services either undertakes, or attempts to undertake, any of the following prohibited activities (Prohibited Activities):
Spamming – This means sending unsolicited bulk and/or commercial electronic messages over the Internet (“spam” or “spamming”), providing a capability on a websites (which may include, without limitation, for the avoidance of doubt, parked pages and online cards) hosted by us or our Supplier that permits third parties to spam from the our/Supplier’s server, or, maintaining an open SMTP relay. These activities are not only harmful because of their negative impact on consumer attitudes toward us and/or our Supplier, but they can also overload our or ourSupplier’s network and disrupt service to other users of the Services. Accordingly, you agree that when a complaint is received by either us or our Supplier, we or our Supplier each have the discretion to determine from all of the evidence whether the email constitutes spam or spamming and/or take any other action permitted by this AUP.
Intellectual Property and Privacy Violations – This means engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. It may also mean engaging in any activity that violates privacy, publicity, or other personal rights of others. The distribution of information or tools that promote the violation of the intellectual property or privacy of others (including, without limitation, warez, hacking, serial numbers and software cracks) is also prohibited. You agree that where required by law, we or our Supplier may remove or block access to your content. You also agree that we or our Supplier may terminate your privileges if who commit repeat violations of copyright laws.
Obscene Speech or Materials – This means using our or our Supplier’s network to advertise, transmit, store, post, display, or otherwise make available child pornography, other offensive sexual content or materials, or, any other obscene speech or material. You agree that where required to by law, we or our Supplier may notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the network of we or our Supplier (as the context requires) and/or take any other action permitted by this AUP.
Adult Material – This means using our or our Supplier’s network to advertise, transmit, store, post, display, or otherwise make available any pornography, nudity and sex-related merchandising (Adult Material) of any sort, including by means of creating or maintaining any links to websites containing any Adult Material
Defamatory or Abusive Language – This means using our or our Supplier’s network as a means of transmitting or posting defamatory, harassing, abusive, or threatening language, or, engaging in any form of electronic “stalking”. This also means illegally storing, or using or distributing software in order to do any of the preceding things.
Forging of Headers, Return Addresses and Internet Protocol Addresses – This means any forging, deleting or misrepresenting message headers, return addresses or Internet protocol addresses, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks – This means accessing illegally or without authorisation computers, accounts, information or communication devices or resources or networks belonging to us, our Supplier or any other party, or, attempting to penetrate security measures of another individual’s system (often known as “hacking”). This also includes any activity that might be used as a precursor to an attempted system penetration (for example, port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – This means distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. This also includes any activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP – This means advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP (including, without limitation, by the provision of software that “harvests” electronic addresses from the Internet). It also includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
Export Control Violations – If you are located in the United States, this means exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups – This means that the content of any Usenet Group must not violate this AUP. You agree that we nor our Supplier may at any time determine not to accept postings from newsgroups where either of us have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities – Engaging in activities, whether lawful or unlawful, that we or our Supplier respectively, may determine to be harmful to the subscribers, operations, reputation, goodwill, or customer relations of either us or our Supplier.
Other Activities – Engaging in activities, whether lawful or unlawful, that we or our Supplier respectively, may determine to be harmful to the subscribers, operations, reputation, goodwill, or customer relations of either us or our Supplier.
6.1 In addition to any other rights in clause 5, if you engage in any Prohibited Activity, or, if we or our Supplier become aware that you are otherwise engaging in any harmful activities, or, you otherwise breach or violate any of the terms of this AUP, you agree that we or our Supplier may take any action to stop the Prohibited Activity, harmful activity, violation or breach of this AUP, including but not limited to:
6.2 We may provide you with notice that we or our Supplier intends to take any action under clause 6.1, but is not obliged to do so.