Terms and Conditions

INTRODUCTION

1.2 In this document, 'we', 'our' and 'us' means DiscountService.biz or any of its related companies
1.3 This agreement outlines the terms and conditions that apply to your use of our services.
1.4 The Services we are to provide to you (herein referred to collectively as "Services") and the initial period we are to provide them to you for are identified in the emails we send you after we accept your order for service. The specifics of the services are detailed on our website ('the Services').
1.5 The Services and this agreement will be automatically renewed for the same period as the initial period unless this agreement is terminated by you or us in accordance with these terms and conditions.
1.6 In addition, you must also comply with our Privacy Policy and our Acceptable Use Policy detailed in this agreement.
1.7 If you register one or more .AU domain names, you must also accept our AU Registrant Agreement.
1.8 If you register one or more .NZ domain names, you must also accept our NZ Registrant Agreement.

COMMENCEMENT OF THE AGREEMENT

2.1 This agreement commences on the date we accept your order for Services.

SERVICE AVAILABILITY

3.1 In these terms and conditions 'Service' primarily refers to our provision of space and/or software on one of our Servers, domain name registration services, and a connection to and from the Internet for web-based services to the level specified in the package you select. 'Services' also refer to services provided by third parties which we resell to our customers.
3.2 We use due care and skill in providing the Services in accordance with this agreement. There may also be statutory guarantees, conditions or warranties imposed by consumer-protection laws that apply to Services we supply, and which cannot be excluded. However, given the nature of IT systems (including our Services' reliance on systems and services that we do not control or own). we cannot promise that our Services will be continuous or fault-free.
3.3 We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the Service to be offline for more than 30 minutes we will post details of the scheduled maintenance at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.
3.4 Our liability to you is governed by clause 8 of this agreement.

REGISTERING A DOMAIN NAME

4.1 In respect of domain names, we advise you that we are an auDA accredited registrar, a .nz authorised registrar and a reseller for the registrar Enom Inc.
4.2 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.
4.3 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 that you 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.
4.4 We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization 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.

RENEWAL OF DOMAIN NAME REGISTRATION

5.1 We are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We are not obliged to renew your domain name where you have unpaid invoices or if you are in breach of any terms of this agreement.
5.2 Our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date. Information on how to keep your contact details up to date can be found in the customer control panel on our website.
5.3 If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.

PASSWORDS AND CONTENT

6.1 You will keep any passwords or log-in details used in connection with the Service secure and you are totally responsible for when and how your account with us is used and the actions of any people you give your password and log-in details to.
6.2 You are solely responsible for your data and any content you use or store in connection with your Service.
You must hold, and continue to hold, all intellectual property rights in your data and contents (including, without limitation, copyright and trade mark rights), or be licensed to do so. The terms under which you hold or license your data and content must permit us to carry out our obligations to you in providing the Service.
You grant us a licence to use and reproduce all your data and content in order to fulfil our obligations under this agreement.
6.3 You must ensure that you comply with our Acceptable Use Policy terms in clause 31 in relation to any data or content you use or store in connection with your Service.
6.4 You will conduct such tests and computer virus scanning as may be necessary to ensure that 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.
6.5 You are solely responsible for dealing with persons who access your data and you will not refer complaints or inquiries in relation to such access to us.
6.6 You agree that if, in our sole discretion, you are using the Services in a way which is not legitimate, is not in compliance with this agreement or any law that we may suspend, disable, limit or terminate the Services or deny you access to the Service without notice, including taking down any of your data or content.

CUSTOMER'S WARRANTIES, LIABILITIES AND UNDERTAKINGS

7.1 You indemnify us against, and must pay us for, any loss or damage we suffer relating to:
a) the provision of the Service to you; and
b) your use, or attempted use, of the Service.
You indemnify us against (and must pay us for) any costs, including legal costs, relating to your breach of this agreement.
However you are not liable to us for any loss to the extent it is caused by us (for example, through our breach of this agreement or our negligence).
7.2 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, web site or publicity material which we have produced.
7.3 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.

OUR WARRANTIES AND LIABILITIES

8.1 We accept liability for the supply of the Services to the extent provided in this agreement.
8.2 We do not warrant that the Services:
- (a) provided under this agreement will be uninterrupted or error free;
- (b) will meet your requirements, other than as expressly set out in this agreement;
- (c) will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of ours; or
- (d) will produce any particular results, data, sales or other return.
8.3 Subject to clause 8.4:
- (a) we exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;
- (b) the Services are provided on an 'as is' and 'as available' basis;
- (c) we make or give no express or implied warranties 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;
- (d) 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;
- (e) our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services will be limited to the charges paid by you in the 12 months preceding the claim in respect of the Services which are the subject of any such claim. Any claim must be notified to us within one year of it arising.
- (f) In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in this agreement excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Competition and Consumer Act 2010 (Cth) our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under that Act.
8.4 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.

SUSPENSION AND TERMINATION OF THE SERVICE

9.1 We may suspend or terminate your account if:
- (a) you breach this agreement and fail to rectify any remediable breach within 7 days of us notifying you to do so;
- (b) you become insolvent;
- (c) you are declared bankrupt; or
- (d) we are ordered to do so by a court or pursuant to an arbitration award.
9.2 In addition to any other rights we may have under this agreement, you agree that we may, without notice to you and without any liability to us, amend, alter or take down your data or content if we:
- (a) receive an order from a court or other competent body requiring us to do so;
- (b) are directed to do so by the Australian Communications and Media Authority, any other regulatory body or authority or industry association;
- (c) consider in our sole discretion that you are breaching this agreement including without limitation, by infringing third party intellectual property rights, or because your data or content is defamatory, illegal, obscene or breaches a person's privacy.
9.3 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
9.4 If your account has been suspended or terminated due to your breach, reactivation of your account will be at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
9.5 You may terminate your account or any individual Service with us for any reason at any time by doing so through the customer control panel on our website. Unless you are terminating your account due to a breach of this agreement by us, refunds for monies paid in advance are provided, excepts:
- (a) For domain names, in accordance with the DiscountService.biz Global Registrant Agreement.
- (b) For one-time Services such as digital certificates no refunds are available.
- (c) No refunds are available for Services after the 30 days money back period.
- (d) The 30 days money back guarantee does not apply to an account renewal or upgrade.
- (e) The refunds are not provided for additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. The money back guarantee does not apply to change-of-mind, product faulty that is not sourced from our server and other external problems that is not caused by our server.
- (f) For the account cancellation within the first 30 days of the new registration, there is a one-time $15.00 non-refundable setup fee. If a customer cancels an account within the first 30 days, the customer may qualify for a full refund, minus $15.00 account setup fee. This account setup fee applies to ALL the hosting plans displayed on our website
9.6 The refund will be provided if and only if there is a systematic problem on our system/server, such as server downtime, multiple hardware failure, services (in general) that are not working, and the problem on customer's site/account which cannot be resolved by our Support Team.
9.7 If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
9.8 If your account is closed for whatever reason you must pay all outstanding charges immediately.
9.9 We are under no obligation to provide you with a copy of your data or content if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of your data or content in such circumstances, we are entitled to charge a fee for doing so. If we terminate your account or any Service in such circumstances we may also at our discretion destroy your data or content. If your data or content is destroyed it may not be recoverable.

FEES, CHARGES AND PAYMENTS

10.1 All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within 14 days of receipt of our invoice, or on other terms separately agreed with us by you. The price of the Services we provide you will remain fixed for the period covered by the payment; that is, monthly, quarterly or annually. After that time you will be billed at the rates current on our website at the time the Service is renewed except for Domain Names which may be renewed at their original purchase price.
10.2 If you exceed our 14 day credit terms, we may charge you a late fee of $15.00.
10.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted.
10.4 We will only provide the Services to you where you have paid for the Services in full. 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, at our discretion, to suspend the provision of Services to you until we receive the required payment (including any late payment fees, interest, debt recovery charges and reactivation fees) in full.
10.5 If you fail to make payment in accordance with the terms of this agreement, you will become liable for any reasonable costs incurred by us in recovering the debt (including any legal fees, collection agency charges or any other reasonable costs) and interest on the outstanding amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
10.6 If you elect to pay your fees on a yearly basis, and fail to make payment within 14 days of invoice, you will not be entitled to receive any (otherwise applicable) yearly fee discount where a yearly discount is offered.
10.7 Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. If you are billed on a monthly basis, the billing cycle begins from the date you register.
10.8 You consent to us obtaining a report from a credit reporting agency on your credit worthiness if you choose to pay by credit card.
10.9 If we receive notice of a chargeback, declined or reversed payment from a credit card company in connection with payments made by you for the Services, we reserve the right to suspend the provision of Services to you until we receive the required payment (including any bank charges we incur, late payment fees, interest, debt recovery charges and reactivation fees) in full.
10.10 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions, we exercise our rights under clause 9.6, or you exercise your rights under clause 18.1.

ARCHIVING AND BACKUP OF YOUR DATA

11.1 You are solely responsible for the back-up of your data (including email files). You must 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 data recovered from our backups.
11.2 We will archive your data 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.

THE USE OF SPAM AND VIRUS FILTERS

12.1 We can use spam and virus filters and, to the maximum extent permitted by law, this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from the use of spam or virus filters.

THE NEED TO CHANGE TO A NEW OPERATING PLATFORM

13.1 Unless otherwise agreed, non-partner provided Services are provided by us from our data centres in Australia. We reserve the right to migrate your web site to a new Service platform if our supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.
13.2 We will advise you of such a change but we will not take any responsibility for Service failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your Service post-migration and notified us of any required changes to the Service configuration.

OWNERSHIP OF EQUIPMENT

14.1 Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Services.
14.2 If we supply you with any equipment as part of our provision of the Services to you, unless the law otherwise requires, we do so on the following terms:
- (a) you acknowledge that we are only acting as a reseller of the equipment which was manufactured by a third party;
- (b) you will not resell, export or otherwise transfer the equipment;
- (c) we are not obliged to keep the equipment current, up-to-date, in good working order or to alter or modify the equipment in any way;
- (d) any malfunction or manufacturer's defect in the equipment must be remedied by you directly with the manufacturer and we are not liable for any such malfunction or defect or any consequences arising from them.

INTELLECTUAL PROPERTY

15.1 All right, title and interest in any technology, techniques, software or trade mark that is used in, or provided by us, as part of the Services is owned by us or will vest in us on creation, or is licensed to us. You may use the technologies, techniques, software and trade marks as permitted by this agreement. We otherwise reserve all rights in relation to them.

SEVERABILITY

16.1 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 may be severed from this agreement and the remaining terms of this agreement continue in force.

ASSIGNMENT

17.1 You must not assign or otherwise transfer your rights or obligations under this agreement without our prior written consent, which we will not unreasonably withhold. Any request to assign or transfer must:
- (a) be in the form we require, and include details of the assignee or transferee; and
- (b) be accompanied by the transfer fee specified in the form.
17.2 We may assign or otherwise novate or transfer our rights and obligations under this agreement to:
- (a) a related body corporate, including without limitation as part of a change in how we provide the Services or as part of a partial or full restructuring of our business; and
- (b) another person as part of the sale, or restructuring, of all or part of our business, and you agree that, if we do this, we may transfer all necessary information (including, without limitation, personal information and credit card details) to the related body corporate or other person, and they may use that information, in order for them to be able to continue providing the Services to you. If you do not agree to the assignment, novation or transfer, you may terminate this agreement and we will refund any remaining unused credit on your account.

CHANGES TO TERMS

18.1 We may change the terms and conditions of this agreement (including the Acceptable Use Policy and Privacy Policy) at any time. Details of our current terms will always be available on our website. Changes to this agreement other than price changes will become effective upon their publication on our website and your use of the Services following publication of any amended version of this agreement will constitute acceptance of the amended terms. If you do not wish to accept the amended terms and conditions, you may terminate this agreement by giving us notice. In these circumstances we will refund any remaining unused credit on your account.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between us and you. It supersedes all prior agreements, understandings and representations whether oral or written.

GOVERNING LAW

These terms and conditions are governed by the laws in force in the Australian Capital Territory. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that Territory.

NOTIFICATIONS & COMMUNICATIONS

21.1 All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. 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.

22.1 This document is a summary of the way DiscountService.biz or any of its related companies, manages personal information it collects on:
- 22.1.1 people who access its website; and
- 22.1.2 people who contract with the company for the provision of services ('customer').
22.2 Until 1 March 2014, the Policy is based on the National Privacy Principles that apply to private businesses under the Privacy Act, 1988 (Commonwealth). The National Privacy Guidelines can be accessed at www.privacy.gov.au/business/guidelines/index. From 12 March 2014, this Policy will be provided in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This Policy describes how DiscountService.biz and its subsidiaries and associates manages personal information.
22.3 In summary, our Policy is to:
- 22.3.1 collect only as much personal information on you as we require to provide you with an effective service and meet our legal obligations;
- 22.3.2 hold the information in a secure manner;
- 22.3.3 give you access to the information if you request it and the means to change it if it is incorrect; and
- 22.3.4 destroy or de-identify personal information when it is no longer required.
1.4 This Policy statement may be amended from time to time. Our website will always display the up-to-date version.

GENERAL DISCLAIMER

23.1 There are inherent risks in transmitting information across the Internet. We can give no absolute guarantee that all data, including personal information, provided via the Internet is secure from unauthorised use.
23.2 Personal details you provide via chat rooms and similar forums, whether sponsored or endorsed by us or by web sites we host, are in the public domain and as such are not covered by this privacy Policy.
23.3 DiscountService.biz or any of its related companies, web sites owned and operated by other people. This privacy Policy does not necessarily extend to any personal information they might collect in the course of their operations. We cannot be held responsible for breaches of privacy on their web sites. The owner of each web site is responsible for the privacy of any personal information collected through their web site and for complying with relevant privacy laws.

THE PERSONAL INFORMATION WE HOLD

24.1 If you are, or intend to be, a customer of DiscountService.biz or any of its related companies, we collect basic data that includes your name, address, age, gender, telephone and facsimile numbers, domain name, email address and credit card details (if you choose to pay online).
24.2 If you make inquiries about our products and services we collect some or all of the above data. We may also record telephone conversations as an aid to training our staff. We will seek your agreement before any voice recording is made. We also hold copies of any correspondence that passes between us.
24.3 From time to time we may survey our customers to assist us in planning and delivering better services. The provision of this information will be voluntary and our intended use will be clearly identified at the time of collection.
24.4 We will not sell or otherwise make available the personal details of our clients to third parties, other than a limited number of providers we contract to supply support services to DiscountService.biz or any of its related companies, in the normal course of our business. We require such providers to comply with our privacy Policy when dealing with our clients' information and we only provide as much information as is necessary for them to provide their services to us.

SECURITY OF PERSONAL INFORMATION

25.1 We store most of your personal information on servers which are housed in a secure environment with 24 hour surveillance. Access is restricted to authorised staff only. We have computer and network security on our remote peripherals. Billing data is encrypted and access to your personal data by non staff members is password protected.
25.2 We will take all reasonable steps to delete or permanently de-identify personal information we hold on you if you cease to be our client and we no longer need the information to finalise any outstanding matters.

DISCLOSURE OF PERSONAL INFORMATION

26.1 In the normal course of business we will not disclose your personal information to any other party (other than contracted support services) without your consent. However, circumstances may arise where we will disclose your personal information without your consent. The circumstances include but are not limited to situations where disclosure is:
- 26.1.1 required or authorised by or under an Australian law or court/tribunal order, or we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
- 26.1.2 reasonably necessary for the establishment, exercise or defence of a legal or equitable claim;
- 26.1.3 enforce crucial terms of our agreements with you;
- 26.1.4 sell our business or part of it; and
- 26.1.5 necessary (in our reasonable belief) to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain the individual’s consent to the disclosure.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

27.1 Under Australian Privacy Principles 12 and 13, you have a right to ask us to provide you with the personal information we hold on you and to ask us to correct that personal information. We will require you to provide identification to ensure you are who you say you are. We undertake to provide the information in a reasonable time and to correct any errors where the information is not accurate, up-to-date or complete. If you need to update your online billing details you can access your account details through our control panel.
27.2 To request access to, or to correct, your personal information, please contact our Privacy Officer at [email protected]

PERSONAL INFORMATION ON CHILDREN AND YOUNG PEOPLE

28.1 As a general principle, we do not target children in our marketing communications and would only communicate with a child with a parent or guardian's consent. To the extent that young people use our services our privacy Policy extends fully to them.

COMPLAINTS

29.1 If you require further information or you have a complaint about our privacy Policy or the way we put it into practice, please contact our Privacy Officer at [email protected]. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.