These are the standard terms and conditions which apply to all websites and email hosted with ayuda Pty Ltd. They are provided to protect both ourselves, you and other clients using our services from having your level of service being down graded by the actions of others. If you feel these terms and conditions are not suitable for your website or email hosting please contact us to discuss the matter and we will try to come to a mutually acceptable agreement.
For the purposes of this agreement ayuda Pty Ltd will be referred to as "ayuda" and the client will be referred to as either the "client", "you" or "your".
By commencing to use ayuda's hosting services you acknowledge your acceptance of these terms and conditions as well as those set out in our Service Level Agreement, our Acceptable Usage Policy and other documentation relating to the provision of our hosting services published on our website from time to time.
This agreement commences on the date the Client commences using ayuda's hosting services.
Ayuda may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at www.ayudahosting.com.au should always be taken as the binding and most recent version of these terms and conditions.
This agreement will last for an initial term of 12-months unless otherwise indicated. This agreement will be automatically renewed at the end of the initial term unless terminated in accordance with this Agreement.
This agreement may be terminated at any time by the client, or by ayuda, by providing written notice of termination, to be effective 30 days from the date of reception of the notice.
Domain Names - applications are normally processed within
a short period of the online forms being completed. A domain name
ownership confirmation email is sent to the registrant contact email
address immediately upon approval. If further information is required, you
will be contacted by ayuda. Once approved, you will be sent the domain
name ownership confirmation email.
Hosting Accounts - ayuda will endeavour to create all hosting accounts within 24 hours of receiving the completed order. If there is a delay in creating the account you will be contacted.
All invoices for renewable services (hosting, domain names etc.) are to be paid in advance according to the agreed billing cycle (monthly, quarterly, 6 monthly, annually, bi-annually etc.). All once other invoices are to be paid within 14 days of the invoice being issued.
Invoices are issued electronically only. Clients may view and re-generate invoices through the Control Panel. Invoices not paid on time may be subject to interest at the rate of 15% per annum from their due date. Unpaid invoices will result in the associated service being cancelled.
Refunds are only applicable if a cancellation requested is received in writing within the first 30 days of the service being setup. The cancellation fee is $50 which covers the cost of performing the initial setup and cancellation request. The $50 is deducted from the refund due. Refunds are paid within 30 days of receiving the cancellation request. There is no refund for cancellation of services whose value is less than $50 and no cancellation fee is charged.
The client must abide by all applicable Local, Victoria, Federal and International laws, treaties and regulations. Any violation of this provision may result in immediate termination of services, or with 30 days notice depending on the severity of the violation at the discretion of ayuda.
ayuda does not warrant to the client that the client will receive continual and uninterrupted services during the Term of this agreement. In no event shall ayuda be liable to the Client for damages resulting from or in relation to any failure or delay of ayuda to provide services under this Agreement if such delays or failures are due to circumstances beyond our control. Such a failure or delay shall not constitute a default under this agreement.
ayuda, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by ayuda to the Client.
While ayuda uses all reasonable care in providing the Service, ayuda shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in information provided in relation to the service. ayudas liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
The Client agrees to defend, indemnify and hold ayuda harmless from and against any and all claims, losses, liabilities and expenses (including solicitor's fees) related to or arising out of the Services provided by ayuda to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by the Client using the Services, but excluding those directly caused by the negligence of ayuda.
If your usage exceeds the service limits (CPU time, memory, network bandwidth etc.) you will have the option of upgrading your service or reducing your usage. Changes to your service will be done in consultation with you. ayuda reserves the right to charge for excessive usage of data transfer or disk space.
The Client is responsible for checking the accuracy and correct spelling of the domain name being registered and other registration details when registering a domain name. The client shall comply with the terms and conditions for the registration of domain names as defined by the governing body, .auDA (see www.auda.org.au)