Hosting Terms & Conditions
These are the Terms and Conditions of service from MWDesign for the supply of its Web Hosting Service (“the service”). These terms and conditions apply to you (“Client”) as a user of the service. It is intended to ensure that you know your rights and obligations when using the service.
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.
From time to time, we may make amendments to the terms and conditions. Clients may not be notified of changes.
You must also read and abide by the Acceptable Use Policy.
1. Agreement
Your agreement with MWDesign commences from the time that your service is added to the servers and/or network and is specified as the commencement date on your first invoice and continues until either party terminates the agreement.
Upon termination or expiry of this agreement, we may delete all of your data from any of our web hosting servers.
We will provide you with a username and password which will provide access to your MWDesign web site and utilities.
MWDesign will not give out or change passwords except when requested in writing by the Client, or after a breach of account. Client will keep secure any and all passwords used to upload and change data.
You will be charged for your web site hosting services in accordance to the current price list.
2. Maintenance
From time to time, we must perform scheduled maintenance to our servers. 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 offline for more than 30 minutes, 48 hours notice will be given to the contact email address nominated by the client as being the primary point of contact.
Unscheduled maintenance may need to be performed. If unscheduled maintenance leaves our service offline for more than 30 minutes, we will publish details of the event on our website forum after the maintenance has been completed.
3. Data Backup and Allocation
At all times, you are responsible for maintaining a functional backup of your website and data. As the website owner, your data is your property and it is your responsibility to protect your property. We recommend keeping backups in multiple locations (ie USB drive at the office and one at home).
We will also backup your data on a regular basis for the strict 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 our archives, or in the event that an old archive is used to restore the data, you should be prepared to upload your most recent data to your web hosting. This process requires that you maintain a recent copy of your data at your premises at all times.
You must not upload more data than the allocated disk space for your chosen hosting plan. Any disk space violation will result in your account being disabled until the issue is resolved.
4. Charges and Fees
You may pay for the service as agreed. In particular, you must pay hosting charges, excess data transfer charges and any charges for additional services incurred.
MWDesign may from time to time and without notice suspend the Service if the Client fails to comply with any part of the agreement including failure to pay charges due until the breach is remedied.
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 for all charges.
Please note that payment will appear on your statement to ‘Zip Labs’.
You consent to MWDesign obtaining credit information for the purpose of assessing credit worthiness.
4.1 Auto Charge
When ‘Auto Charge’ is selected upon web hosting sign up or during your hosting period, you agree for MWDesign to automatically charge your nominated credit card upon renewal. Accounts are renewed 2-3 days before expiry to avoid credit card processing problems.
Automatically charged fees are:
– Web Hosting Renewals
– Any added extras (eg, Shared or Full SSL Certificates, Additional Mailboxes etc)
You will receive an email receipt when your Credit Card is charged.
Domain names will NOT be automatically renewed. Please pay attention to reminder emails for you to take action.
If you decide to cancel, you must email us with a written confirmation to cancel your web hosting account before expiry or to stop auto-charging.
5. Services
MWDesign’s role is to manage and maintain web hosting server hardware and operating system software. ‘Website Development’ services such as adding, removing or modifying Client website files and related software is not the responsibility of MWDesign, nor do we offer web development services.
We do not warrant that the Services provided under this agreement will be uninterrupted or error free or that the Services will meet your requirements, other than as set out in this agreement.
All services and servers are provided “as is”. In cases where additional 3rd party software/scripts are installed on the server at the request of a client, MWDesign will not be held liable for the stability and reliability of that installed software component.
MWDesign operates multiple shared hosting servers providing SME web hosting services. Each of these servers supports several hundred individual customers. MWDesign is responsible for the security of the server operating system and certain shared software products. Customers are responsible for the security of their own application/website code and software packages they choose to load onto the servers to support their own websites.
MWDesign uses multiple datacentres to provide network infrastructure and server hardware leases. We are not responsible for the datacentre’s network, equipment or server hardware.
6. Liability
MWDesign’s liability for any breach of the term will be limited to the re-supply of the Services.
MWDesign or parent business is not liable to you or any other person for any cost, loss or liability including loss of profit, loss of data, loss of emails, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service.
Client warrants that at the time of entering into this agreement, the Client is not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document.
Client accepts responsibility for all information and material published through the web hosting service. Client will not publish information which is illegal. MWDesign does not host “Adult Content” sites.
Client is responsible for dealing with persons who access the Client data, and must not refer complaints or inquiries in relation to such data to MWDesign.
Client will not violate copyright or other intellectual property rights. Client will not download, reverse engineer, change, pass on, or sell any software residing on the MWDesign servers that is not the property of the Client.
7. Unreasonable Activity
Email sent through the MWDesign Email Server will not promote illegal activities, or pornography. Spam or any annoying, unsolicited messages are not to be sent through the MWDesign Network.
MWDesign reserves the right to immediately remove any account containing/transferring content deemed to be illegal or deceptive.
MWDesign reserves the right to immediately disable and/or subsequently remove Client websites that are the target of DDoS, hacking or any other sort of malicious attack that significantly degrades server performance.
The Client is responsible for maintaining their website and related software. Clients with excessive or unreasonable requests to our technical support channels relating to issues outside of MWDesign’s role to manage server hardware and operating systems, may be issued a Notice of Intent to Cancel. In this case, compensation is limited to a pro rata refund when no other discounts have been applied.
8. 30-Day Money Back Guarantee
30-day money back guarantee is offered to Client who, if within 30 days of commencing a service with MWDesign are able to demonstrate that the services provided by MWDesign were not consistent with reasonable performance expectations. Refunds will not be granted for change of mind, or lack of website traffic. Refunds will not be granted for domain name purchases. Refunds will not be granted if Client realises MWDesign’s facilities are incompatible with Client scripts, languages and databases. Refunds will not be granted if Client does not make a genuine attempt to configure their website within compatibility of server software and components. Full refunds will be made to Client within 30 days of request to refund and cancel service.
9. General
These terms and conditions constitute the entire agreement and supersedes all prior agreements. This agreement is governed by the laws of Victoria, Australia.
MWDesign 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 any information not sent or authorised by us. MWDesign does not provide any consulting services and does not advise Client on any aspect of conducting an Internet business or web site.
Client is responsible for use of Clients 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.
It is Client’s responsibility to use our service and services in a manner which does not violate any applicable laws or regulations. Client may not use the Service to interfere with or disrupt any network users, services or equipment.
Client must not use the Service to solicit visitors to become subscribers of MWDesign’s competitors.