Reseller Discount Program

Terms and Conditions

These Terms and Conditions govern the Reseller Discount Program offered by Us, in conjunction with our standard Terms and Conditions of Service, and Domain Registration Terms and Conditions.

By requesting admission to our Reseller Discount Program, You agree to these Terms and Conditions.

Definitions

"Account" means a hosting service supplied by Us designated for a particular Person.

"Account Holder" means the Person utilising the Account.

"Active" means fully paid in accordance with our standard Terms and Conditions of Service.

"Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism.

"Person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.

"Program" means our Reseller Discount Program, whereby You are permitted to purchase and resell entire hosting accounts.

"Infotech Hosting", "we", "our" and "us" means Infotech Hosting (BN7137229), a trading business of Starcorp Technologies Pty Ltd (ACN 091 200 976).

"You" and "Your" means the person enrolled in the Program..

Purpose

Our Reseller Discount Program is designed to allow businesses to purchase entire hosting accounts for resale.

Enrolment Into The Program

Any Business with an Active Account may apply for entry into the Program. You will only receive benefits and discounts under the program if You have submitted an application for reseller status, and been approved by Us and issued a Reseller ID.

Compliance With General Terms and Conditions

You must ensure that all of Your accounts are kept in accordance with Our general Terms and Conditions of Service. You shall be liable for any breach of these terms and conditions by Your clients. We reserve the right to terminate any account at Our sole discretion and without notice if the Account Holder is suspected to have breached the terms and conditions relating to their Account.

Client Identification

You must ensure that all Account Holders are properly identified before allowing them to access the Service. It is common for hackers, spammers and other computer criminals to attempt to gain access to Internet servers by signing up for web hosting plans under false names, addresses etc. It is therefore critical that You ensure that You know the true identity of all clients before ordering accounts. This can be achieved, for example, by clearing credit card details (with address-based verification) before processing an order.

Reselling Disk Space

You may not resell disk space, but may only resell entire Accounts.

Technical Support

You will provide technical support to your clients. If requested by You, We will perform technical support tasks on Your behalf when access to an Account is required. We will provide further advice and technical support to You when required. However, You will be expected to be generally self-sufficient in providing technical support toYour clients.

Billing

You will pay Us directly for all Accounts. Billing is to be on a monthly basis and payment is required in advance. You are responsible for collecting any monies due from Your customers. You may charge Your customers any price You think the market will bear. You may not charge clients for usage of the free value added services provided by Us.

In the event that your Account becomes overdue, we may suspend or cancel any Accounts that You hold under the Program.

Late Payment

A late payment fee of AUD11.00 will apply to reseller program payments received later than one week past the invoiced due date. In addition, interest at the rate of 0.045% per week will apply on the outstanding amount, until fully settled. We have sole discretion to determine when these fees apply. Failure by Us to apply late payment fees in one instance shall not be considered a waiver of Our rights to apply these fees in future instances.

Reseller Discount

You are required to nominate a main account when applying for admission to the Program. This account will be billed at Our retail rate. Reseller Discounts apply only to the monthly fee of resold accounts.

Service Bundling Rebate

We will provide a rebate of AUD10.00 applied to a hosting account where the primary domain name linked to that account was registered using Our domain registration service. This rebate will only apply where the domain name is registered prior to the hosting account being established.Maximum one rebate per domain name.

Communication

You must communicate with Your clients on all matters. We will not contact Your clients on any matters concerning their account(s).

Continuous Service

We do not warrant the Program to be fault free. From time to time, You may be unable to register domain names, submit orders, or perform general reseller operations due to a variety of reasons. We will not be held liable for any loss or damage resulting as a result of failing to accept or act on Your instructions.

Withdrawal From Program

You may withdraw from the program at any time by giving Us written notice. In such circumstances, any continuing accounts will be charged at normal retail price. You will continue to be responsible for any payments due from continuing accounts unless other arrangements are made with the written consent of both Infotech Hosting and Your continuing clients.

Indemnity

You agree to indemnify and hold Infotech Hosting and any of its associates harmless from any and all claims resulting from the use of the Service, including but not limited to claims relating to damage to the subscriber or to any other party, or loss from failure to register a domain name.

Use of Reseller Facilities

Once enrolled in the Program, You will be allocated a Reseller ID and password to access Our reseller facilities. You are required to keep this information confidential. You must submit any Orders or Requests using Our reseller facilities, in order to qualify for Reseller Discounts.

Notification of Correspondance

You are required to notify us of any correspondence of significance between You and Your customers regarding any domain name registered or hosted by Us. This includes, but is not limited to, domain name disputes.

Domain Names

Domain names are strictly non refundable. You are not permitted to issue refunds for a registered domain name. Under no circumstances will We issue You with a refund for domain registration, including cases of an incorrectly registered domain.

You are required to exercise due care, and act in good faith when registering a domain name on behalf of a client.

You must ensure that your clients are fully aware of the terms and conditions, dispute policy, and allocation policies relevant to the domain name applicable. You are not permitted to register a domain name on behalf of a client if the client has not accepted the relevant conditions and policies.

The domain name terms and conditions, policies and dispute policies relevant to .COM .NET and .ORG domain names must be prominently displayed on Your website, or otherwise supplied to Your clients prior to submitting a request to register a domain name.

Right to Terminate

If You breach any of Our terms and conditions We reserve the right to deactivate Your reseller account and any accounts held below it, immediately without notice.

Headings

Headings used in these conditions are for convenience and ease of reference only, and shall not be relevant to, or affect the meaning or interpretation of the conditions.

Force Majeure

Neither party will be liable to the other party in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure.

Waiver

Failure or neglect by us to enforce, at any time, any of the provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement or prejudice our rights to take subsequent action.

Assignment

You may not assign, attempt to assign nor otherwise transfer any right or obligation arising out of this Agreement without our written consent.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE PROVIDED TO YOU AND/OR YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.

YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT YOUR LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.

NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).

Disclaimer

We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Program.