Cloud Terms & Conditions
This is an important document. It sets out the overarching Terms and Conditions on which NETCorp IT Solutions PTY LTD [a] (“NETCorp”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a Cloud Service through NETCorp IT Solutions Store and our NETCorp IT Solutions Control Panel. When you have accepted these Terms and Conditions, they become a legal agreement between you and NETCorp IT Solutions PTY LTD. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the NETCorp IT Solutions Website and its contents are owned and operated by NETCorp IT Solutions PTY LTD (“NETCorp”).
1.1 These overarching Terms and Conditions cover all Services offered by NETCorp IT Solutions (together or separately referred to as “Services”).
1.2 Services: includes:
(a) internet connectivity services (“Bandwidth”),
(b) use of equipment including the server and other equipment used in internet connectivity services (“Hardware”), and
(c) use of text messaging services to companies, small businesses, and individual business users (“Messaging”), and
(d) licensing of the associated operating system and web server applications (“Software”), all as detailed and for the Fees set out in the Cloud Plan which Customer has selected.
1.3 Service Levels: NETCorp IT Solutions will provide the Services in accordance with the Service Level Agreement applicable to the Plan selected by Customer – Cloud SLA or Cloud SLG.
2.1 Control Panel: “Control Panel” means a unique, live and interactive website page individualised for the Customer which the Customer may access at the NETCorp IT Solutions Website after supplying its User ID and Password. When accessed, the Control Panel enables Customer to:
(a) Review the status of its account, and pay outstanding invoices;
(b) View the registration status of its domain names and dates for renewal of registration;
(c) view the current status of its Hosting Services and reports of operation of those Services;
(d) perform maintenance and other functions on components of Services, Hardware and Software, including configuring website and email services; and
(e) access Customer support services.
2.2 Password Access: NETCorp IT Solutions will provide Customer with User ID and Password to access the Control Panel for the purposes specified in clause 2.1. Customer is solely responsible for maintaining the secrecy and confidentiality of its User ID and Password assigned to it or its nominated representatives and is and remains liable for any fees or charges incurred by any person accessing the Control Panel by using that User ID and Password.
3.1 Sole Warranties: NETCorp IT Solutions warrants that the Services will be supplied with due care and skill in accordance with the applicable Service Level Agreement and that any material supplied in connection with the Service is reasonably fit for the purposes for which it is supplied.
3.2 Exclusion of All Other Warranties: With the exception of the warranties set out in clause 3.1 and to the full extent permitted by law, all other all express or implied warranties, representations, terms and conditions regarding Services, Hardware and/or Software and their use or regarding the Agreement are hereby expressly excluded.
3.3 Limitation of Liability: NETCorp IT Solutions’s liability for breach of the warranties set out in clause 3.1 is limited at its option to the resupply of Services, or payment of the cost of having the Services supplied again. In no event shall NETCorp IT Solutions be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory or liability, notwithstanding that NETCorp IT Solutions has been made aware or advised of the possibility of such damages.
4.1 Payment of Fees: Customer agrees to pay the fees set out in the Online Plan selected by it (which are inclusive of GST), and such other charges and fees as may properly be incurred by it under this Agreement, including without limitation:
(a) Charges for excess Data, Traffic, Bandwidth, Text Messages and/or power usage by Customer; and
(b) Additional license fees charged to NETCorp IT Solutions under software licenses where fees are calculated by reference to usage or number of users or mailboxes.
4.2 Usage Charges: Where applicable, Usage Charges for Bandwidth are measured by the billing data collection devices that measure data traffic at the NETCorp IT Solutions router interface at the edge of the NETCorp IT Solutions network, and are calculated according to the Plan selected by Customer. In the event of a billing dispute, Customer acknowledges and agrees that it will accept these data traffic records as accurate and final records of the data traffic to which they relate.
4.3 Refund of Initial Fees: Customer is solely responsible for selecting the Online Plan appropriate to its requirements. Once a Plan has been ordered, NETCorp IT Solutions will not issue a refund of the initial payment of fees unless:
(a) Customer makes a request for a refund within 72 hours of the initial payment of fees; and
(b) NETCorp IT Solutions has not irrevocably committed itself to expenses associated with the supply of services, including without limitation ordering of domain names and activation of services covered by the Online Plan selected by Customer.
4.4 Invoices: NETCorp IT Solutions will issue and post invoices on the Control Panel in accordance with its billing cycle, as from time to time notified to Customer:
(a) For fixed or recurring charges, in advance;
(b) For variable charges including Usage Charges and excess Usage Charges, in arrears;
(c) Otherwise as notified by NETCorp IT Solutions from time to time.
4.5 Billing Periods: NETCorp IT Solutions will use its best endeavours to bill all charges for the relevant billing period in the invoice relating to that period. Where charges relating to that billing period arise for any reason after the invoice is issued, including without limitation late notification of a Supplier of billing errors, NETCorp IT Solutions may include such charges on a later invoice.
4.6 Payment Authorities: Customer hereby authorises NETCorp IT Solutions to debit all fees under any invoices rendered by it under this Agreement, as the Customer chooses, to its nominated Paypal Account or to Customer’s or Associates nominated credit card or card’s as listed in the NETCorp IT Solutions Control panel and all subsequent auto-renewals will be charged to the credit card which is listed within the NETCorp IT Solutions control panel and as marked default credit card for payment. The Customer acknowledges they can call NETCorp IT Solutions to update at anytime, credit card information, default payment method and suspend auto-renewal of a subscription at anytime. NETCorp IT Solutions accepts no liability for a Customer using an associates Credit card for payment within NETCorp IT Solutions control panel marked as default payment, the Customer assumes full liability for payment and authorises NETCorp IT Solutions to use an associates credit card.
Additional transaction fees for the following credit cards types apply:
– American Express (AMEX) & Diners – An additional 4.4% transaction fee will be applied to cover the merchant transaction fee
– Visa MasterCard – An additional 2.2% transaction fee will be applied to cover the merchant transaction fee
– Payer dishonour fee $9.90
– Administration Fee (once only) up to $5.50
– Transaction Fee (bank account) $1.10
4.7 Provisioning of Services: NETCorp IT Solutions will provision services constituting the Plan selected by Customer within the following time frames:
(a) Domain Name services: within 24 hours of receipt of payment, provided however that:
(i) Payment for renewal must be received at least 72 hours before the expiration of the current registration; and
(ii) If Customer has NOT been notified of registration or renewal of a Domain Name within 72 hours, Customer must promptly notify NETCorp IT Solutions. Failure to notify NETCorp IT Solutions on a timely basis may result in loss of the domain name;
(b) Instant Applications: these applications are normally provisioned on average within 1 hour of receipt of payment, though external factors can sometimes cause delays of an hour or more. Instant Applications are those products and services designated on the Website as “Instant” and include Share-point Services, Web Hosting, Windows VPS, Linux VPS, Cold Fusion, Urchin, Application Vault and sub-applications and Site Builder;
(c) All other Applications/services: within 3 business days, depending on the particular services,
4.8 Account Activation: NETCorp IT Solutions will forward details, including User ID and password, for activating services covered by the Online Plan selected by Customer to the contacts specified by Customer when registering so that Customer can activate the account within 24 hours of placing its order, subject to:
(a) Payment for that Plan having been received and cleared in full;
(b) No other accounts of Customer being outstanding;
(c) The domain name nominated by Customer being a valid, currently registered domain name; and
(d) NETCorp IT Solutions being satisfied in its sole discretion that Customer will use the services selected by it in accordance with its Acceptable Use Policy.
4.9 Account Maintenance Fee: where Customer’s authority to NETCorp IT Solutions to debit invoiced fees and charges against a nominated bank Account, debit card or credit card expires or is otherwise terminated, NETCorp IT Solutions may charge, and Customer agrees to pay, an account maintenance fee of $1.50 on each monthly or quarterly invoice rendered by NETCorp IT Solutions to Customer, including, where Customer has multiple services, on each invoice rendered for each of those services.
4.10 Downgrade Fee: where Customer requests a change to the specifications for its Services which results in lower monthly fees, and NETCorp IT Solutions agrees to such request, NETCorp IT Solutions may charge Customer a Downgrade Fee of $25.
4.11 Credit Information: The Customer hereby agrees and consents to NETCorp IT Solutions acquiring a credit report from any credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for purpose of assessment by NETCorp IT Solutions of an application for credit (whether commercial or private) or for the collection of payments which are overdue. The Customer also agrees and consents to NETCorp IT Solutions reporting information to any credit reporting agency that the Customer is in default of the trading terms of this Agreement or that it has handed over collection of the Customer’s account to a collection agency.
4.12 Transaction Currency: AUD – All transactions are processed in AUD
4.13 Transaction Security: When purchasing from NETCorp IT Solutions your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology.256-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our Customer Support Team on (08) 6188 5900.
4.14 Merchant Charge-backs: The Customer hereby agrees in the event of a Merchant Charge-back that the Customer Account which the Charge-back has occurred will be placed on Credit Hold and no further transactions will be processed until the outstanding amounts are settled. An additional fee of $25.00 per Charge-back will be applicable before Account is removed from Credit Hold. The Customer understands this may result in other services being disabled and not being renewed In event of a customer account being placed on Credit Hold.
4.15 Promotional Periods: From time to time NETCorp IT Solutions runs Promotions or Special offers such as discounts for paying Annually your subscription period. NETCorp IT Solutions reserves the right to change these promotions at any time and without notice. These promotions are generally for New Customers and not for existing Customers on Renewal Subscription periods. NETCorp IT Solutions may elect to run promotions to New and Existing customers as it sees fit.
Customer shall have no right, title, or interest of any kind whatsoever in the Software, Hardware, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use the Hardware and Software provided in this Agreement.
6.1 NETCorp IT Solutions Hardware: NETCorp IT Solutions will maintain and support Hardware in accordance with best industry practice or, where applicable, vendor specifications.
6.2 Scheduled Maintenance: NETCorp IT Solutions will perform all regularly scheduled maintenance to maintain Hardware and the NETCorp IT Solutions network outside Business Hours. NETCorp IT Solutions will give Customers notice by email, Twitter, and will be posted on our Service Status site – http://status.netcorp.net.au at least 48 hours in advance if scheduled maintenance requires interruption to Services for more than 30 minutes.
6.3 Replacement of Hardware: NETCorp IT Solutions may substitute, change or modify the Hardware at any time, but shall not thereby substantially alter the technical parameters of the Services without the prior approval of Customer unless the effect of the substitution, change or modification is to enhance the capacity or specifications of the Hardware.
6.4 Technical Support: NETCorp IT Solutions will provide technical support by enabling Customer access through the Control Panel to correct operational procedures for tools and modules specified in this Agreement and to links to operational resources on the NETCorp IT Solutions Website. Customer acknowledges that technical support is limited to hardware/network failures and utilities provided by NETCorp IT Solutions.
7.1 Operating System and Web Server Software License: During the Term NETCorp IT Solutions grants the Customer a non-transferable, non-exclusive license to use and install the Software specified with the service. NETCorp IT Solutions warrants that it has full right, title and interest in the Software to grant sub-licenses by virtue of a license granted by the vendor of the Software (“Vendor License”) to NETCorp IT Solutions to use and sub-license the Software. NETCorp IT Solutions does not warrant third party Vendor Software in any way whatsoever, but undertakes to pass onto Customer the benefit of all warranties and indemnities relating to use of the Software under the Vendor License.
7.2 Software License Restrictions: Customer agrees that it will not, directly or indirectly (and it will not allow others to):
(a) copy the Software, except as necessary to install on Hardware and for internal, archival purposes. In the event Customer makes authorized copies of the Software, Customer shall reproduce all proprietary notices on such copies;
(b) sell, rent, lease, license, transfer, give possession of, or sub-license the Software to others, other than as permitted in the Vendor License; and/or
(c) write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.
7.3 Exclusions: Customer acknowledges that breach of clause 7.2 may result in invalidation of warranties relating to Software, including the benefit of third party Vendor warranties.
7.4 Software Provided by Customer: Where Customer provides or uses other software on or in connection with its website, Customer warrants that it has full right title and interest under a valid license to use that software and to grant a valid sub-license to NETCorp IT Solutions to install and run that software during the Term solely in connection with providing Services under this Agreement.
7.5 Termination: in pursuant to clause’s 11, Customer will immediately cease using and destroy any Software which NETCorp IT Solutions has granted a non-transferable, non-exclusive license to use.
8.1 Storage: At all times, you shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
(a) prevent any loss or damage to your website content;
(b) maintain independent archival and backup copies of your website content;
(c) ensure the security, confidentiality and integrity of all your website content transmitted through or stored on NETCorp IT Solutions servers; and
(d) ensure the confidentiality of your password.
NETCorp IT Solutions’s servers are not an archive and NETCorp IT Solutions shall have no liability to you or any other person for loss, damage or destruction of any of your content.
8.2 Hosted Exchange Business Email: alone is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. NETCorp IT Solutions performs daily disaster recovery backups on the entire Hosted Exchange Business Email Platform for restoration in the event of a disaster, individual mailboxes cannot be restored because of this backup process. NETCorp IT Solutions expressly disclaims any liability or responsibility for any loss, damage or destruction of your emails, contacts, distribution lists, or any other content.
8.3 Backup & Restoration: We use best efforts to maintain backups of all NETCorp IT Solutions’s products services, however we cannot guarantee backup restores for individual websites, databases or Hosted Exchange Business Email.
8.3.1 Restoration Fees: A fee of $66 per 30 minute period will apply for any requested restoration of individual websites, virtual server’s or databases.
9.1 Acceptable Use Policy: Customer agrees and acknowledges that it has read NETCorp IT Solutions’s Acceptable Use Policy published on the NETCorp IT Solutions Website at: https://www.netcorp.net.au/legal/ and agrees and undertakes that it will at all times observe and comply with that Acceptable Use Policy, as may be amended from time to time by publishing of amendments on the NETCorp IT Solutions Website.
9.2 Sole Responsibility: Customer acknowledges and agrees that it is solely responsible for all information, material, content or data (“Content”) of any postings, data or transmissions utilising the Services or any other use of the Services by Customer or User.
9.3 Removal of Offending Content: Customer acknowledges that NETCorp IT Solutions has the right to remove Content in accordance with the terms of the Acceptable Use Policy, including without limitation and without notice to Customer any Content deemed by it in its sole opinion to breach or offend its Acceptable Use Policy, or to suspend Services or disconnect or deny access to Services if in its sole opinion it deems Content to breach or offend its Acceptable Use Policies.
9.4 Excessive Use: Customer covenants and agrees that it will at all times observe and comply with and not breach usage limitations, including bandwidth, traffic (inbound, outbound and aggregated), data storage and backup, server resources and mailboxes, applicable to the Plan chosen by the Customer. Customer also agrees and covenants that it will not use the Services in an excessive or unusual way.
9.5 Suspension: Customer acknowledges that NETCorp IT Solutions is entitled to suspend or cancel Services, permanently or temporarily, if Customer breaches clause 11.4, and that if at any time NETCorp IT Solutions does suspend or cancel the Services, the Customer remains liable for any charges incurred:
(a) through excessive or unusual usage; and
(b) where the suspension is temporary, during such suspension.
9.6 Indemnity: Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer) which NETCorp IT Solutions may suffer, directly or indirectly, resulting from or arising out of Customer’s or User’s breach of the Acceptable Use Policy or the misuse or abuse of the Services in any way whatsoever by Customer or any User.
10.1 Monitoring Use of Services. In order to comply with, and subject to, any applicable laws, including without limitation the Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, NETCorp IT Solutions may at any time:
(a) When required by a warrant issued by a Regulatory Agency or an authorised law enforcement agency or court, intercept or monitor Services, or enable another person authorised by a warrant issued by a Regulatory Agency or an authorised law enforcement agency or court, to intercept or monitor Services, including data hosted on or being transmitted through Services;
(b) Monitor and/or examine use of Services, including email, records and other data in the course of installation, connection or routine maintenance of the Services, but only to the extent permitted by legislation;
(c) Suspend Services; and/or
(d) Release information obtained by any of these actions to any Regulatory Agency.
10.2 Indemnity. Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer or a User) which NETCorp IT Solutions may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 10.1.
11.1 Term: This Agreement shall be effective for the term (“Term”) of the Plan selected by Customer. Unless Customer gives at least 30 days notice of termination in writing prior to the expiration of the Term, this Agreement shall automatically be extended for a further period identical to the period of the initial Term, which further period shall be referred to as “the Term” or “Subsequent Term”, and where appropriate any reference in this Agreement to Term shall be deemed to include a reference to a Subsequent Term.
11.2 Mutual Termination: This Agreement shall be terminated prior to the expiration of the Term in the following circumstances:
(d) either party gives written notice of a material breach of this Agreement, and the breach is not remedied within 30 days after receipt of the notice; or
(e) if either party goes into administration or liquidation either compulsorily or voluntarily (save for the purpose of reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets or if either party makes an assignment for the benefit of or composition with its creditors generally or threatens to do any of these things, and in either event the other Party gives notice that it elects to terminate the Agreement which notice shall be effective immediately.
11.3 Other Termination: NETCorp IT Solutions may terminate this Agreement by giving reasonable notice to the Customer prior to the expiration of the Term set out in the Service if:
(a) a Regulatory Authority directs it to do so; or
(b) a Supplier terminates an agreement to supply services to NETCorp IT Solutions, and as a consequence NETCorp IT Solutions is unable to supply Service(s) to Customer through an alternative Supplier on reasonable commercial terms.
12.1 In the event of termination of the Agreement prior to the expiration of the Term by reason of a default by Customer under clause 11.2(a) or by reason of actions by or on behalf of Customer under clause 11.2(b), all amounts which would have become due and payable under the Agreement had it continued in effect until the expiration of the Term shall immediately become due and payable, and Customer shall immediately pay all amounts so becoming due and payable. If Customer has made a payment for services in advance, NETCorp IT Solutions will apply the balance of any such payment remaining (calculated on a pro rata basis) against any amounts due and payable by the Customer, but in no other case shall Customer be entitled to a refund of such payment.
12.2 In the event of termination of the Agreement prior to the expiration of the Term under clause 11.2, and on the expiration of the Term, NETCorp IT Solutions will bill Customer for all services up to date of termination, and Customer will immediately pay that invoice and any other outstanding invoices.
12.3 On the expiration of the Term or on termination of the Agreement pursuant to clause’s 7,11, NETCorp IT Solutions will immediately cancel Services, and Customer will immediately cease using Services and any Software and Hardware provided under this Agreement.
13.1 Events of Suspension. NETCorp IT Solutions may, in its sole discretion and without derogating from its right to terminate this Agreement pursuant to clause 11, at any time suspend, restrict or disconnect the supply of Services to the Customer and/or any of its customers or Users on the occurrence of any of the following events:
(a) Customer fails to pay any outstanding invoices within 7 days of written demand by NETCorp IT Solutions;
(b) Customer breaches NETCorp IT Solutions’s Acceptable Use Policy and fails to rectify that breach immediately on written demand by NETCorp IT Solutions;
(c) NETCorp IT Solutions is directed by any Regulatory Agency and/or authorised law enforcement agency to do so;
(d) During any technical failure, modification or maintenance of the Service, provided that NETCorp IT Solutions will use its reasonable endeavours to ensure that the Service are resumed as soon as practicable; and/or (e) NETCorp IT Solutions deems it necessary for purposes of scheduled or unscheduled maintenance.
13.2 Consequences of Suspension. NETCorp IT Solutions will not reconnect or re-activate Services suspended pursuant to clause 13.1(a), (b) and (c) until Customer has paid any re-connection or re-activation fee then in effect for each Service. Customer will remain liable under this Agreement for all payments falling due within the period for suspension of Services, including without limitation for all fees accruing and accrued during the suspension.
13.3 Indemnity. Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer) which NETCorp IT Solutions may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 13.1.
14.1 Amendment of Agreement: This Agreement may be amended or varied as follows:
(a) If this Agreement is automatically extended pursuant to clause 11.1, NETCorp IT Solutions may, during the Subsequent Term or Terms, amend or vary the Fees charged for Services and terms relating to the operation of Services, by posting the amendments or variations on the NETCorp IT Solutions website. Such amendment or variation shall become effective 24 hours after the date of posting, and the Customer shall be deemed to have accepted such amendment if it continues to use the Services after the amendments become effective.
16.1 Subject to clause 16.2, any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting, within 24 hours if sent by facsimile to the correct facsimile number (with correct answer-back), or within 24 hours if sent by electronic mail to the correct electronic mail address of the addressee.
16.2 Any notice to be served by NETCorp IT Solutions in relation to the variation or amendment of the terms set out in the Plan selected by Customer, including prices for Services and terms relating to the operation of Services, during Subsequent Terms may be served by posting the amendment or variation on the Customer’s Control Panel, and such notice shall be deemed effective 24 hours after the date of posting of the notice.
This Agreement shall be governed by the law in effect in the State of Western Australia, and the parties submit to the jurisdiction of the Supreme Court of Western Australia.
18.1 Assignment: The Customer may not transfer its rights or obligations under this agreement to, or share them with, anyone without prior written consent of NETCorp IT Solutions. NETCorp IT Solutions may transfer its rights or obligations under this agreement to, or share them with, anyone on notice to the Customer.
18.2 Severability: If any provision or portion of this Agreement is held to be unenforceable, it shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this Agreement shall continue in full force and effect.
18.3 Entire Agreement: This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings between the Parties with respect to the subject.
Acceptable Use Policy means the policy set out at URL https://www.netcorp.net.au/legal/ which defines acceptable and unacceptable use of the Services by the Customer.
Activation means the first order through NETCorp IT Solutions Store or log on by a Customer to the NETCorp IT Solutions Control Panel with the User ID and password supplied by NETCorp IT Solutions which when successfully completed enables the services selected by Customer to be activated.
Associates means a person who is connected with others in a business; director, employee, co-worker, family or friend.
NETCorp IT Solutions or NETCorp means NETCorp IT Solutions PTY LTD.
NETCorp IT Solutions Network or NETCorp IT Solutions IP Network means the data communications network (based on TCP/IP and other Internet protocols) between the NETCorp IT Solutions IP routers owned and operated by NETCorp IT Solutions.
NETCorp IT Solutions Website means the website located at the URL, https://www.netcorp.net.au
NETCorp IT Solutions Control Panel means the website located at the URL, https://www.netcorp.net.au
NETCorp IT Solutions Store means the website located at the URL, https://www.netcorp.net.au
Business Hours means the hours between 6:30 am and 6:30 pm on normal business days in the State of Western Australia, Australia.
Customer means the end user of Services to whom NETCorp IT Solutions sell Services, or to whom it’s authorised Resellers resell Services.
Plan or Online Plan means the particular business solution selected online by Customer from the range of solutions offered by NETCorp IT Solutions on the NETCorp IT Solutions website, and specifies each of the components of that solution, including disc space, data traffic volumes, mail box sizes and fees relating to the Plan.
Privacy Law means and includes the Privacy Act (Cth) 1988, the Privacy and Personal Information Protection Act (WA) 1988, and any other law, statute or code in Australia that regulates the dissemination and use of information about or concerning an individual person or corporation.
Provisioning in relation to services provided under the Plan selected by Customer means NETCorp IT Solutions doing everything necessary to set up and manage those services, and includes configuring and programming its equipment, networks and databases to enable all options selected by Customer.
Regulatory Authority means and includes the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman, the Internet Industry Association, the Asia Pacific Network Information Centre, authorised domain name registrars, and any other competent government or statutory body or authority having jurisdiction over NETCorp IT Solutions.
Service or Services means the service or Services set out in the Plan selected by Customer and any related Hardware, Software and additional services which NETCorp IT Solutions supplies in connection with the Service or Services.
Service Level Agreement means the agreement set out at the URL https://www.netcorp.net.au/legal/
Supplier means any supplier of goods or services (including without limitation interconnection services) used directly or indirectly by NETCorp IT Solutions to supply Services under this Agreement.
Term means the period of the online Plan selected by Customer and Subsequent Term means any further period for which this Agreement is automatically extended pursuant to clause 12.1.
Usage Charges means any charges for services which are measured, calculated or determined by reference to use of the Services by Customer.
User means any person or entity authorised by Customer to access and/or use the Services, and includes any person accessing any Customer website.
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We want you to know we are serious about your privacy.
Personal details provided by you to NETCorp IT Solutions through electronic responses from this site will not be forwarded, sold, or made available in any way to any third party.
However, NETCorp may communicate with you again with other information that is complimentary to your original request.
Each of these communications will have clear ‘opt-out’ instructions so you can choose not to receive further NETCorp communication.
On the other hand, you may wish to receive other NETCorp’s communication, you would always be asked before such information is forwarded.
NETCorp may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection.
- Provide you with products or services you have requested
- Personalise and customise your experiences on the NETCorp websites
- Help NETCorp manage and enhance its services to you
- Communicate with you
- Provide you with ongoing information about opportunities on the NETCorp websites in which NETCorp believes you may be interested; and
- Give you the opportunity from time to time to receive e-mails and ‘e-newsletters’ from NETCorp.
If you wish to “Opt-out” of our communication you can.
It is not in NETCorp’s interest to continue to send you emails once you have requested to be unsubscribed from our mailing lists. If you have any questions regarding this please contact email@example.com
This is an important document. It sets out the Product specific Terms and Conditions on which NETCorp IT Solutions PTY LTD [ABN 68 729 751 703] (“NETCorp”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a Cloud Service through NETCorp IT Solutions Store and our NETCorp IT Solutions Control Panel. When you have accepted these Terms and Conditions, they become a legal agreement between you and NETCorp IT Solutions PTY LTD. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the NETCorp IT Solutions Website and its contents are owned and operated by NETCorp IT Solutions PTY LTD (“NETCorp”).
2. Domain Name Regulation
3. Domain Names
4. Payment of Domain Name Fees
1.1 These Terms and Conditions cover Domain Name Services (together or separately referred to as “Services”).
1.2 Domain Name Services: includes:
(a) Domain Name Services: includes the registration and maintenance of Domain Names through NETCorp IT Solutions’s preferred domain name registrar’s (GoDaddy) for top level domains (“TLD’s” and gLTD’s).
2.1 The registration and administration of domain names is conducted pursuant to general policies determined and promulgated by the Internet Corporation for Assigned Names and Numbers (”ICANN”).
2.2 ICANN has delegated the registration and administration of particular TLD’s (au, uk etc) to accredited Domain Name Registrars who conduct the registration and administration of domain names in those TLD’s according to general ICANN policies, as interpreted by each Domain Name Registrar. There may accordingly be significant differences in administration of domain names for particular TLDs.
2.3 In order to purchase a domain name, Customer enters into a registration agreement with NETCorp IT Solutions’s domain name registrar, GoDaddy relating to the relevant TLD and its administration of that TLD. As there may be significant differences between agreements relating to each TLD, Customer must carefully review and agree to, and accept sole responsibility for agreeing to, each particular registration agreement.
3.1 Registration: NETCorp IT Solutions accepts no responsibility for the refusal of a domain name registrar to register a particular domain name, and Customer irrevocably waives any rights of any kind whatsoever against NETCorp IT Solutions arising out of the refusal of a domain name registrar to register a particular domain name.
3.2 Renewal: ICANN policies do not permit domain name registrars to solicit nor pay fees on behalf of Customers for renewal of domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a domain name, to promptly pay all fees for renewal or risk loss of the domain name. Neither NETCorp IT Solutions nor GoDaddy accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis.
3.3 Cancellation: ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties and other grounds. A Customer is not entitled to a refund of registration fees, in whole or in part, on any such cancellation. NETCorp IT Solutions does not, under any circumstances, refund any registration fees, in whole or in part, on any cancellation of a domain name by a domain name registrar. It is the sole responsibility of Customer to review and adhere to the terms and conditions of the agreement for each domain name, including without limitation the terms and conditions which may lead to cancellation of domain names.
3.4 How to Cancel a Domain Name Renewal: We DO NOT accept telephone cancellations, a cancellation must be in writing or submitted via email.
4.1 Payment of Domain Names Fees: NETCorp IT Solutions will notify Customer of fees for registration and/or renewal of domain names. Under ICANN policies Registrars are not permitted to solicit nor pay fees on behalf of Customers for renewal of Domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a Domain name, to promptly pay all fees for renewal or risk loss of the Domain name. Neither NETCorp IT Solutions nor GoDaddy accepts liability for any failure, for any reason whatsoever, to renew a Domain name on a timely basis.
4.2 Delays in Payment of Domain Name Fees: NETCorp IT Solutions cannot take action to register or renew Domain names until in each instance it has received payment for the particular service. Customers must allow 3 business days to elapse after making payment and issuing instructions to NETCorp IT Solutions to register or renew a Domain name before NETCorp IT Solutions is able to process the application or renewal. Neither NETCorp IT Solutions nor GoDaddy accepts liability for failure to register or renew a Domain name through delays of Customer in making payments and/or arising out of administrative delays, acts or omissions of Customers or third parties or out of automated systems failures.
Acceptable Use Policy
This is an important document. It sets out the Acceptable Usage Policy by which NETCorp IT Solutions PTY LTD (“NETCorp”) provides Hosting Services, Cloud Hosting, Text Messaging and/or Domain Names Services to you, the Customer. This Usage Policy applies to all Customers and users of NETCorp IT Solutions’s infrastructure, network and systems for communications and hosting services (collectively “Services”). It is intended to ensure that your use (and that of all other Customers and users) of NETCorp IT Solutions’s Services is optimized by minimizing disruptions and outages caused by use otherwise than in accordance with the terms of each Customer’s agreement with NETCorp IT Solutions or by use which unfairly interferes with the rights of other Customers and Internet users. It is also intended to ensure that each Customer understands its obligations to comply with legislation which applies to Content which may be hosted on Customers websites or transmitted over telecommunications networks.
We may from time to time amend this Usage Policy. Your use of our Services after any amendments or revisions have been posted on the NETCorp IT Solutions website will constitute your acceptance of the amended Usage Policy.
|Responsibilities of Customers
|Breach of Usage Policy
Disclosure of Information
Cooperation in Investigating Breaches of this Usage Policy
- Use our Services in a manner which complies with all relevant laws, whether Federal, State or international;
- Comply with all service usage limitations applicable to the plan or product selected by you;
- Be solely responsible for disseminating or posting content through the Services or publishing on the web pages of your site, including obtaining legal permission to use any works included in such content and/or web pages;
- Respect the legal protection afforded by copyright, trade mark, patent and other laws protecting intellectual property rights in material, including content and software applications, accessible through the Internet;
- Respect the privacy of others and the legal protection afforded by the Privacy Act (Cth) 1988 and all other applicable laws and regulations; and
- Use our Services in a manner which does not interfere with, jeopardise or disrupt our Services (including their operation) or other Internet users.
You must not use our Services to:
- Violate anyone’s copyright or intellectual property rights;
- Send Infringing Texts. Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or rights of publicity;
- Tamper with the Carriers’ networks. Interfering with or disrupting networks connected to the Service or violating the regulations, policies or procedures of such networks;
- Publish or transmit defamatory, obscene, threatening, abusive or offensive material or content which breaches the ratings of the Classification Board;
- Publish content which is unsuitable for minors without using appropriate warnings and/or labeling systems for that content;
- Enable minors to access content inappropriate for a minor or to make contact with minors other than minors known to you;
- Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email or text messages sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers or Carriers, or any activity which is prohibited under:
(a) the Spam Act 2003 (Cth);
(b) any other applicable legislation and regulations; and
(c) policies or regulations of any regulatory authority or body having jurisdiction over such activities; Breaches of the SPAM Act 2003 (Cth) carry heavy penalties (up to $220,000 per day for individuals and up to $1,100,000 per day for companies).
- Facilitate or engage in the sending of solicited broadcast, bulk or commercial email or otherwise utilize our Services in a manner which may, in our opinion, compromise or adversely affect server performance or network integrity.
- Create or propagate Internet viruses, worms and other types of malicious programs;
- Facilitate or engage in “Hacking” which we regard as including gaining illegal or unauthorized access to any computers, accounts or networks accessible through the Internet;
- Misrepresent transmission information by forging, deleting or altering message headers, return mail information and/or Internet Protocol addresses in order to conceal or misidentify the origin of a message;
- Interfere with, disrupt or jeopardise or threaten to interfere with, disrupt or jeopardise our Services and/or the ability of our customers or any of them to use the Services; or
- Breach any relevant law, Federal, State or international.
- Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers, or any activity which is prohibited under:
If you have Cloud Hosting or other Shared Web Hosting, you also must not:
- Distribute, File-share or store multimedia files if those files account for more than 20% of the disc space usage on your website in terms of total space and/or number of files. For these purposes multimedia files comprise any graphic, pdf, audio and video files;
- Use our Services for development purposes;
- Use our Services for CGI script sharing; or
- Run background programs without our prior written permission.
You agree to comply with the service usage limitations of the plan or product selected by you. Service usage limitations apply to:
- Traffic (inbound, outbound and aggregated)
- Data storage
- Text Messaging
- Server resources
It is your responsibility to be aware of the usage limitations under the plan or product selected by you, and to observe them.
These limitations enable us to operate our network at optimal efficiency for the benefit of all customers and users, and to ensure that all our customers enjoy internet services of the highest quality. If you exceed the service usage limitations applicable to your plan, we may at our option shape your services, charge additional fees and/or take other actions to restrict use of the services until the service usage limitations are observed. If excessive use in breach of the service usage limitations in your Plan adversely affects server performance or network integrity, we reserve the right to shut down your service without notice to you.
NETCorp IT Solutions reserves the right to refuse service or shut down a service if your peak usage of resources exceeds 10x the usage of an average NETCorp IT Solutions customer. This includes but is not limited to total mail domain allocated space, the number of mail users under unlimited user plans, email hosting, shared web hosting and virtual server data usage under unlimited plans. Additional fees and charges may apply for usage outside these terms.
We exercise no direct supervision or control whatsoever of content and software transmitted through our network or hosted on our infrastructure, and we do not monitor your websites, the content published them or your activities to determine whether they fail to comply with this Usage Policy or with any relevant law. We do monitor usage limitations using various tools to ensure that our network and infrastructure is operating at optimal efficiency. When we become aware of any breach or threatened breach of this Usage Policy, we may take whatever action we deem necessary, in our sole discretion and without notice to you, to correct such breach or threatened breach, including:
- Monitoring your website and traffic;
- Shutting down a website or Service;
- Suspending or denying access to the Services or to the Internet on a temporary or permanent basis; and/or
- Deleting or removing content or software stored on our infrastructure.
In certain circumstances we can be required to remove content from our network infrastructure by third parties, including on receipt of a Take Down Notice under the Copyright Act of 1968 (as amended)(Commonwealth of Australia).
In all cases you will indemnify us against, and we will not be held liable for, any loss or damage which you may suffer through the suspension, unavailability or removal of the Services or which we may suffer where your use of the services causes loss or damage to a third party.
You should be aware that we may disclose information relating to you and your use of the Services, including website activity and Internet transmissions, in order to comply with any court order, subpoena, summons, discovery request or order made by any competent court or any warrant or request of any authorized government agency.
We reserve the right to investigate suspected violations of this Usage Policy, including the gathering of information from users involved and from complainants, as well as examination of materials and content which may have been stored on or transmitted through our network. In investigating breaches of this Policy, you authorise us to cooperate with law enforcement authorities and other regulators as well as other systems administrators at other Internet and carriage service providers.
Cloud SLA – Service Level Agreement
This is an important document. It sets out the Service Level Agreement, which NETCorp IT Solutions PTY LTD [ABN 68 729 751 703] (“NETCorp”) provides Cloud Hosting Services to you, the Customer. The NETCorp IT Solutions website and its contents are owned and operated by NETCorp IT Solutions PTY LTD (“NETCorp”).
NETCorp IT Solutions is committed to providing superior hosting services and the highest quality of care for our clients. Our goal is to provide a Service Level Agreement (SLA) that is more competitive than industry standards while providing our clients with superior customer support.
This SLA applies to all NETCorp IT Solutions Cloud Hosting Services ordered by any Customer whose account is current and which NETCorp IT Solutions provides through the NETCorp IT Solutions infrastructure and network resources.
100% Service Availability
NETCorp IT Solutions’s objective is to have Service Availability for Services covered by this SLA of at 100%. Service Availability is defined as the percentage of time Services are available to the Customer during the course of a month. Service Availability is calculated in accordance with the following formula:
Service Availability for Month = ( (T – D) x 100 ) / T
T is the total number of minutes in the Month; and
D is Downtime.
Downtime means any interruption to availability of Services which exceeds 90 seconds, but does not include interruptions resulting from:
(a) planned outages for scheduled maintenance;
(b) network outages caused by other carriers;
(c) Force Majeure (as defined in the Standard Terms and Conditions);
(d) Any other circumstances outside the reasonable control of NETCorp IT Solutions, including without limitation interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
(e) Any acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding, any negligence, wilful misconduct, or use of the Services in breach of NETCorp IT Solutions’s Standard Terms and Conditions and/or Acceptable Use Policy;
NETCorp IT Solutions measures Service Availability at the point (Service Delivery Point) where the Internet interfaces with the NETCorp IT Solutions router within the NETCorp IT Solutions Data Centre through which the Services are provided.
Service Availability is determined primarily through the NETCorp IT Solutions Support Contact page at https://www.netcorp.net.au/support/. This page submits a form notifying NETCorp IT Solutions of the fault through the Support Contact page.
Third Party Products or Services – NETCorp IT Solutions does not provide a Service Level Agreement for Products and Services hosted external from the NETCorp IT Solutions Data Centre facility.
Service Level Guarantee (Cloud SLG) – NETCorp IT Solutions does not provide a Service Level Guarantee or Customer Rebates if our objective of 100% SLA is not achieved with our Cloud Products. You may however, upgrade or purchase a Service Level Guarantee (Cloud SLG) applicable to your Cloud Product.
Cloud SLG – Service Level Guarantee
This is an important document. It sets out the Service Level Guarantee which NETCorp IT Solutions PTY LTD [ABN 68 729 751 703] (“NETCorp”) provides Cloud Hosting Services to you, the Customer. The NETCorp IT Solutions website and its contents are owned and operated by NETCorp IT Solutions PTY LTD (“NETCorp”).
NETCorp IT Solutions is committed to providing superior hosting services and the highest quality of care for our clients. Our goal is to provide a Service Level Guarantee (SLG) that is more competitive than industry standards while providing our clients with superior customer support.
This SLG applies to all NETCorp IT Solutions Cloud Hosting Services ordered by any Customer with the Cloud SLG Upgrade option upgraded or purchased and which NETCorp IT Solutions provides through the NETCorp IT Solutions infrastructure and network resources.
100% Service Availability
NETCorp IT Solutions’s objective is to have Service Availability for Services covered by this SLG of at 100%. Service Availability is defined as the percentage of time Services are available to the Customer during the course of a month. Service Availability is calculated in accordance with the following formula:
Service Availability for Month = ( (T – D) x 100 ) / T
T is the total number of minutes in the Month; and
D is Downtime.
Downtime means any interruption to availability of Services which exceeds 90 seconds, but does not include interruptions resulting from:
(a) planned outages for scheduled maintenance;
(b) network outages caused by other carriers;
(c) Force Majeure (as defined in the Standard Terms and Conditions);
(d) Any other circumstances outside the reasonable control of NETCorp IT Solutions, including without limitation interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLG;
(e) Any acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the Services in breach of NETCorp IT Solutions’s Standard Terms and Conditions and/or Acceptable Use Policy;
(f) Email delivery delay’s of any kind caused by Spam filtering, Delays with Third party Networks, 3rd Party Software, Telecommunication services and IP Blacklisting.
NETCorp IT Solutions measures Service Availability at the point (Service Delivery Point) where the Internet interfaces with the NETCorp IT Solutions router within the NETCorp IT Solutions data centre through which the Services are provided.
Service Availability is determined primarily through the NETCorp IT Solutions Support Contact page at https://www.netcorp.net.au/support/. This page submits a form notifying NETCorp IT Solutions of the fault through the Support Contact page.
NETCorp IT Solutions will provide the following rebates for service unavailability:
|SLA Hours in Month||Equivalent %||Monthly Fee Rebate|
|0.00 – 0.73||100.000% – 99.900%||5%|
|0.74 – 4.5||99.898% – 99.384%||25%|
|4.60 – 12.5||99.385% – 98.288%||50%|
|12.60 – 14.5||98.289% – 98.014%||75%|
|14.60 or greater||98.015% – or Less||100%|
Customers must submit a claim for a fee rebate within 10 working days after the end of the month in which the interruption to service availability occurred using the Support Contact page provided at https://www.netcorp.net.au/support/.
A Customer is not entitled to claim a fee rebate where your account payments are not within Terms.
A Customer is only entitled to the rebate if the interruption to service availability occurred when having the Cloud SLG Optional Add-on enabled for a particular service.
Rebates will be applied in the way of a Credit to your account for use with future billing periods and are not redeemable for cash when cancelling a service.
Services Terms & Conditions
This is an important document. It sets out the overarching Terms and Conditions on which NETCorp IT Solutions PTY LTD [a] (“NETCorp”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a Product and or a Service through a NETCorp IT Solutions representative. When you have accepted these Terms and Conditions, they become a legal agreement between you and NETCorp IT Solutions PTY LTD. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the NETCorp IT Solutions Website and its contents are owned and operated by NETCorp IT Solutions PTY LTD (“NETCorp”).
These Terms and Conditions apply to the supply of product enhanced by the provision of labour to facilitate Pre-configuration, Installation – OR – other Technical or Professional Services (as provided through Quotation) for supply by Netcorp IT Solutions. Where
appropriate these Terms and Conditions extend to any Quotation offered to provide Maintenance tasks on existing infrastructure – OR – structured Services Delivery unrelated to product supply.
In these terms and conditions:
- “Netcorp IT Solutions” means the IT Solutions, Product, and eCommerce divisions of Netcorp IT Solutions ABN 68 729 751 703, WA its staff – OR – nominated representatives in that or any other state of Australia.
That acts as a supplier of Products and/or Services to the Customer, and includes Netcorp IT Solutions successors or assigns.
- “Customer” means the person or company to whom Products and/or Services are supplied and includes that company’s successors and permitted assigns.
- “Quotation” means the schedule set out in this document providing for response to the Customer specific requirements including any specific inclusions, exclusions or assumptions detailed as part of that schedule including these attached Terms and Conditions.
- “Contract” means any contract pursuant to which Products and/or Services are supplied or to be supplied by Netcorp IT Solutions to the Customer and computer software incorporated therein is licensed or to be licensed by Netcorp IT Solutions for use by the
- “Services” means any enhancement to product supplied through the application of labour or the provision of labour for tasks unrelated to product supply.
- “Equipment” means any product offered, or purchased, as part of this Quotation.
- “Products and/or Services” means the products and/or services supplied by Netcorp IT Solutions to the Customer pursuant to a Contract and specified on the invoice dispatched by Netcorp IT Solutions to the Customer.
Subject to these terms and conditions, Netcorp IT Solutions will supply to the Customer the Services specified, in the forward of this Quotation, at the rates specified in this Quotation, in respect of the Equipment specified in this Quotation. Netcorp IT Solutions will use
commercially reasonable endeavours to provide the Services within the agreed timeframes. Where appropriate, subject to these terms and conditions, Netcorp IT Solutions will supply to the Customer the Services specified, in the forward of this Quotation, at the rates specified in
this Quotation, irrespective of Equipment. Netcorp IT Solutions will use commercially reasonable endeavours to provide the Services within the agreed timeframes. Any Contract between the Customer and Netcorp IT Solutions shall be upon these terms and
conditions and these terms and conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of the Customer order forms or other documentation and shall supersede all prior arrangements, written or oral.
The continued operation of these terms and conditions shall not be affected by any repudiation of any contract or transaction relating to the Products and/or Services between Netcorp IT Solutions and the Customer.
- Regular Working Hours
The rates, unless otherwise specified, are based upon the provision of the Services during regular working hours (6:30am to 6:30pm) on regular working days (Monday to Friday). Netcorp IT Solutions reserves the right to charge additional fees in respect of
provision of Services outside these times.
The rates, unless otherwise specified, are based upon the Customer’s premises being located within a 50-kilometre radius, by standard carriage, of the GPO of Perth city Western Australia. Netcorp IT Solutions reserves the right to charge the Customer for
any additional travelling time and expenses incurred in providing outside this area.
- Customer Interference Netcorp IT Solutions reserves the right to charge the Customer for any extra costs incurred by Netcorp IT Solutions caused by the Customers instructions, lack of instructions, interruptions, mistakes, work for which Netcorp IT Solutions was/is not
responsible (variations) or a change to/in the Customer’s environment.
- Equipment ready for service
The Customer is obliged to carry out all tasks necessary to ensure that its equipment and environment is ready for Netcorp IT Solutions personnel to commence work upon arrival at the Customer’s premises, including any unwrapping, unpacking or system
shut downs that may need to be done. Netcorp IT Solutions reserves the right to charge the Customer for additional expenses incurred or additional time spent as a result of the Customer failing to attend to these tasks.
Netcorp IT Solutions will apply all effort to ensure that the integrity of systems being accessed modified or interacted with as part of any installation or integration task is maintained. To mitigate any risk of instability prior to the commencement of work by
Netcorp IT Solutions the client will ensure that they have on hand:
- Current backup data for the system
- Current system configuration information
In the event of any unforeseen failure these will be used to recover systems or equipment. Without such preparation best Endeavour will be employed to remedy any failure. Recovery tasks will be conducted as “time and materials” at Netcorp IT
Solutions standard rates.
Netcorp IT Solutions may use the services of sub-contractors.
The Customer will:
- Allow Netcorp IT Solutions and its representative’s access to its premises and its equipment for the purposes of this Agreement;
- Maintain its equipment in accordance with environmental conditions and proper accommodation specified by the manufacturer – OR – supplier of the equipment;
- Provide adequate facilities to enable Netcorp IT Solutions to carry out the Services, including all necessary space, heat, light, ventilation, electrical power outlets and storage space.
Netcorp IT Solutions will:
- Exercise best practice when accessing the customer’s premises and in its method for work on equipment covered in this Agreement;
- Ensure that work methods comply with standards necessary to fulfill obligations under “Occupational Health, Safety & Environment” (OH&S) guidelines and Work cover requirements;
- Identify facilities that may be required to enable Netcorp IT Solutions to carry out the Services, including necessary space, access, light, ventilation, electrical power outlets and storage space.
Netcorp IT Solutions will invoice the Customer in respect of all Services provided under this Agreement. The Customer will pay such invoices within 30 days of the invoice date. Any amounts due by the Customer to Netcorp IT Solutions which have been outstanding for a
period in excess of 60 days, may, at Netcorp IT Solutions discretion, be subject to additional interest charges at the prevailing ANZ Bank commercial overdraft rate. No refunds or credits are given for unused prepaid Services.
Unless the Customer is an “Approved Account Customer”, payment must be made prior to dispatch of Products and/or Services, either in cash or by bank cheque, or on approval, by company cheque, direct deposit or accepted credit card. Subject to special arrangements,
payment must be made by “Approved Account Customer” within agreed terms. If the Customer elects to pay by company cheque, direct deposit – OR – accepted credit card where by funds are not cleared on first presentation, dishonour fees applied – OR – bank
handling fees are incurred then the Customer agrees that such incurred fees are the liability of the Customer and the fees in there entirety will be transferred to the Customer.
The condition of trading with Netcorp IT Solutions as an “Approved Account Customer” can only be obtained once a “Netcorp IT Solutions Account Application to Trade Form” is completed in its entirety before Netcorp IT Solutions will grant – OR – accept purchase
orders from the applicant. Netcorp IT Solutions reserves the right to refuse, at its discretion, to accept any “Netcorp IT Solutions Account Application to Trade Form”. For orders greater than $5,000 Netcorp IT Solutions, at its discretion, may require the
customer to pay a deposit of 50%.
Should the Customer elect to purchase the Products through lease, the Customer is required to notify Netcorp IT Solutions in writing and a copy of the approved finance letter must be sent to Netcorp IT Solutions prior to the dispatch of Products.
All payment shall be made on or before the due date as a condition precedent to future supplies under the contract pursuant to which the payments are due or under any other Contract.
Netcorp IT Solutions reserves the right to charge interest calculated at 2% per annum above the rate at the time being charged by the bankers of Netcorp IT Solutions on overdrafts exceeding $100,000 on the balance of the Price due by the Customer but unpaid from the due
date until payment is received in full by Netcorp IT Solutions .
Netcorp IT Solutions may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions taking place after notification of such alterations.
Netcorp IT Solutions is registered for the GST system. All quoted prices show the Netcorp IT Solutions sell price, a Goods and Services Tax of 10% and/or a combined total which defines the invoice price payable. Netcorp IT Solutions agrees to issue tax invoices in accordance
with relevant legislation or regulations that apply to the GST from time to time. Therefore Netcorp IT Solutions reserves the right to recover from the Customer all goods and services tax, any other taxes, duties, levies or fees imposed on or in respect of the provision of the
Services, and any goods – OR – Equipment supplied by Netcorp IT Solutions to the Customer.
Where service – OR – maintenance is provided to existing customer equipment and in addition to any other terms set out and detailed herein if upon inspection of the relevant equipment, Netcorp IT Solutions determines that no Services are in fact required, the
Customer agrees to cover the costs incurred by Netcorp IT Solutions in attending the Customer’s premises and inspecting the Customer’s system – OR – Equipment to arrive at that judgment.
In consideration of the payment by the Customer, in addition to the price, of Netcorp IT Solutions freight, handling and insurance charge calculated according to Netcorp IT Solutions current prices, Netcorp IT Solutions will arrange delivery of Products to the
Customer’s nominated location within major metropolitan areas of Australian capital cities. Delivery times quoted by Netcorp IT Solutions are estimates only and Netcorp IT Solutions may extend delivery times.
Netcorp IT Solutions may make part delivery of any Products and/or Services ordered by the Customer and any Products and/or Services so delivered shall constitute a separate contract upon these terms and conditions. As such, an invoice on any Products and/or Services part
delivered is due in accordance with the agreed terms of payment.
Delivery of Products is deemed to take place: at the time the Customer or a carrier, whether engaged by Netcorp IT Solutions or the Customer, takes possession of the Products; or within 7 days of notification by Netcorp IT Solutions to the Customer that the Products are
available, whichever first occurs.
The Customer shall carefully check the equipment delivered against the delivery docket. If items are missing or damaged the Customer must notify Netcorp IT Solutions immediately. If such notification is not received within 5 working days from the date of delivery, Netcorp
IT Solutions will not be held responsible for any missing or damaged items.
Delivery of Services is deemed to take place on completion of the provision of the Services to the Customer by Netcorp IT Solutions.
An order may be cancelled or varied by the Customer only if such cancellation or variation is accepted by Netcorp IT Solutions in writing and any such cancellation or variation shall only occur on terms which will provide for Netcorp IT Solutions to be compensated by the
Customer against any costs or loss (including but not limited to loss of profit) incurred.
Prior to full payment of the Price and all other sums owing by the Customer to Netcorp IT Solutions in relation to any Products, the Customer shall have no right to sell or dispose of any or all of the Products.
Until payment for the Products has been made by the Customer the Products are only entrusted to the Customer as a fiduciary, and Netcorp IT Solutions remains the legal and beneficial owner of the Products with full power to resell and regain possession in the event
of the Customer’s default of payment.
The Customer acknowledges and agrees that all rights in all copyright, designs, patents and trade marks existing in relation to the Products or Services are reserved to the owner of those rights.
The Customer licenses computer software incorporated within any Products or sold to the Customer for the customer’s use only.
The Customer shall ensure that each part and copy of the computer software licensed for the use of the Customer is kept under conditions of strict security and confidentiality.
- Loss or DamageRecently, insurance companies in general have excluded Year 2000 related liability from Professional Indemnity policies. In line with this, Year 2000 liability has also been excluded from Netcorp IT Solutions Professional Indemnity policy and hence Netcorp IT Solutions
performs this contract under the following conditions:
Netcorp IT Solutions shall not be responsible for any misinformation provided to it by the Customer or any third party.
Netcorp IT Solutions limits its liability for any loss or damages attributable to the provision of its services (“Loss or Damage”), at its option, to the delivery of the relevant services again or payment for the relevant services to be provided again.
In particular, Netcorp IT Solutions shall not be liable for any direct or consequential Loss or Damage including without limitation, direct or indirect damages for personal injury, loss of
business profit, business interruption, loss of business information or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement.
Further, the Customer agrees that it may only take action against Netcorp IT Solutions for Loss or Damage, such that if any of: Netcorp IT Solutions employees, directors, subcontractors and agents; its sub-contractors’ and agents’ employees, directors, sub-contractors
and agents; and so on down the line, would be liable as well as Netcorp IT Solutions for any Loss or Damage, action will not be taken by the Customer against such person or entity.
The Customer shall indemnify Netcorp IT Solutions and hold Netcorp IT Solutions harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Netcorp IT Solutions that arise during the course of this contract unless such
claims result from acts of Netcorp IT Solutions which constitute serious and wilful misconduct by Netcorp IT Solutions or are outside Netcorp IT Solutions ordinary performance of this contract.
For the purpose of the indemnity above, Netcorp IT Solutions includes: Netcorp IT Solutions; its employees, directors, sub-contractors and agents; its sub-contractors’ and agents’ employees, directors, sub-contractors and agents; and so on down the line.
Neither party will bring an action against the other relating to the Services more than 2 years after the supply of the Services, excluding an action seeking payment for the Services.
Anything not explicitly included in this scope/quotation/proposal is excluded.
- Statutory Provisions
Where any Act of Parliament implies in these terms and conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under, such term, condition or warranty, such term,
condition or warranty shall be deemed to be included in these terms and conditions. However, the liability of Netcorp IT Solutions for breach of any such term, condition or warranty shall be limited, at the option of Netcorp IT Solutions, to any one or more of the following:
- If the breach relates to goods;
- The replacement of the goods or the supply of equivalent goods;
- The repair of such goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; – OR –
- The payment of the cost of having the goods repaired;
- If the breach relates to Services;
- The supplying of the Services again; – OR –
- The payment of the cost of having the Services supplied again.
- If the breach relates to goods;
Goods will not generally be accepted for return unless they fail to meet the advertised specification, or are faulty. In these cases, only products purchased no more than 30 days prior may be returned. Any opened product may incur a restocking fee of up to 15% off the
current price, subject to inspection by Netcorp IT Solutions.
Products may be returned provided the Customer obtains from Netcorp IT Solutions a Return Authorisation (RA) Number in advance of returning the Products. Products must be returned complete with all original packaging unmarked within 7 days of the RA number being
issued. Freight is to be paid by the Customer and Netcorp IT Solutions accepts no responsibility in respect of returned Products lost or damaged in transit.
It is the policy of Netcorp IT Solutions not to accept return for any media (CD-ROM, Tape or Disc) that is opened unless the media is proven to be faulty.
Please be aware that goods returned because the Customer changed their mind will incur an administration fee of at least $11.00. We will credit your account with any refund amounts – no cash or cheque refunds will be made.
Faulty goods will not be accepted for return by Netcorp IT Solutions unless accompanied by a Netcorp IT Solutions R/A number and a copy of the original sales invoice.
Please be aware that goods returned as faulty which are tested by Netcorp IT Solutions as OK will be returned with a service fee invoice of $33.00.
Netcorp IT Solutions agrees that all warranties as are applicable from time to time will be passed unaltered from the manufacturer of the Products to the Customer. Netcorp IT Solutions does not warrant any Products of its own accord and all remedies, repairs or
replacement for any Products will be at the ultimate discretion of the manufacturer.
In addition to any warranty or obligation imposed by law, Netcorp IT Solutions warrants to the Customer that the Services will be provided using reasonable skill and care, and according to the description contained in this Quotation. In the event of any breach of this
warranty Netcorp IT Solutions may at its election either:
- Supply the Services again; – OR –
- Pay the cost of having the Services supplied again.
This warranty does not apply where a breach of the warranty is attributable:
- Through use of the Equipment by the Customer in conjunction with noncompatible products,
- By negligent use or abuse of the Equipment by the Customer
- Through use of the Equipment by the Customer otherwise than in accordance with manufacturer instructions, specifications or recommendations,
- Due to wear or burnout resulting from general use of the Equipment by the Customer,
- Where the brief, or scope, provided by the customer varies in any significant way
Both parties acknowledge that they may obtain access to confidential and proprietary information belonging to the other in the course of the provision of the Services. The parties agree not to disclose such confidential information to any person except where:
- The information is in, or comes into, the public domain;
- The information is required to be disclosed by law; – OR –
- The owner of the information consents to its disclosure, or disclosure is required for the provision of the Services.
The Customer warrants to Netcorp IT Solutions that it has all intellectual property rights necessary to enable Netcorp IT Solutions to carry out the Services. The Customer will indemnify Netcorp IT Solutions from and against any and all damages, losses, claims,
liabilities, demands, charges, suits, penalties, costs and expenses (including legal costs) which Netcorp IT Solutions may sustain, or to which any of Netcorp IT Solutions may be subjected, arising out of or relating to any breach of this warranty.
Neither party is responsible for failure to fulfil any obligations due to causes beyond its control.
These terms and conditions and the Quotation constitute the entire agreement between the parties with respect to the provision of the Services and supersedes all previous agreements or understandings, representations, warranties and conditions not expressly stated herein.
These terms and conditions and the Quotation that they support may not be changed or modified in any way except in writing signed by or on behalf of all the parties.
By signing in the space provided on the Netcorp IT Solutions Quotation, the Customer acknowledges that it has read and agrees to be bound by these terms and conditions.
The laws of the State of Western Australia shall govern this Contract. This Contract is the entire agreement between the Customer and Netcorp IT Solutions and no representation or statement not expressly contained in this contract or incorporated herein by
reference, shall be binding on either party.
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