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Terms and Conditions - Website Hosting & Maintenance

These are the Terms and Conditions of service from Matt Mckinnon for the supply of Website Hosting Service (“the service”). These terms and conditions apply to you (“Client”) as a user of the service. It is intended to ensure that you know your rights and obligations when using the service.

Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these terms and conditions.

From time to time, I may make amendments to the terms and conditions. Clients may not be notified of changes.

1. Agreement

Agreement

Your agreement with Matt Mckinnon commences from the time that your service is added to the servers and/or network and is specified as the commencement date on your first invoice and continues until either party terminates the agreement.

Upon termination or expiry of this agreement, I may delete all of your data from any of my web hosting servers.

I will provide you with a username and password which will provide access to your website cpanel and utilities. Matt Mckinnon will not give out or change passwords except when requested in writing by the Client, or after a breach of account. Client will keep secure any and all passwords used to upload and change data. You will be charged for your web site hosting services in accordance to the current price list.

2. Maintenance

Maintenance

From time to time, I must perform scheduled maintenance to my servers. I will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be offline for more than 30 minutes, 48 hours notice will be given to the contact email address nominated by the client as being the primary point of contact.

3. Data Backup and Allocation

Data Backup and Allocation

At all times, you are responsible for maintaining a functional backup of your website and data. As the website owner, your data is your property and it is your responsibility to protect your property. I recommend keeping backups in multiple locations (ie USB drive at the office or at home, Google drive and on your computer desktop). I will also backup your data on a monthly basis for the strict purposes of disaster recovery. In the event of equipment failure or data corruption, I will restore from the last known good archive. In the event of corruption of all my archives, or in the event that an old archive is used to restore the data, you should be prepared to upload your most recent data to your web hosting. This process requires that you maintain a recent copy of your data at your premises at all times. You must not upload more data than the allocated disk space for your chosen hosting plan. Any disk space violation will result in your account being disabled until the issue is resolved.

4. Charges and Fees

Charges and Fees

You may pay for the service as agreed. In particular, you must pay hosting charges, excess data transfer charges and any charges for additional services incurred.

Matt Mckinnon may from time to time and without notice suspend the Service if the Client fails to comply with any part of the agreement including failure to pay charges due until the breach is remedied.

Upon registration of a credit card account, you give me authorisation to debit your credit card for all charges. Please note that payments will appear on the "My Account" page under the tab "Subscriptions", you will receive an email with your login details once initial payment has been made. You consent to Matt Mckinnon obtaining credit information for the purpose of assessing credit worthiness.

4.1 Subscription Auto Charge

Subscription Auto Charge

You agree for Matt Mckinnon to automatically charge your nominated credit card upon renewal. Accounts are renewed monthly, and are recurring until cancelled.

Automatically charged fees are:
- Website Hosting
- Any added extras (eg, WordPress Maintenance, SSL Certificates)
Domain names will NOT be automatically renewed. Please pay attention to reminder emails for you to take action. If you decide to cancel, you must email me with a written confirmation to cancel your website hosting.

5. Services

Services

Matt Mckinnon's role is to manage and maintain website hosting server hardware. 'website development' services such as adding, removing or modifying Client website files and related software is not the responsibility of Matt Mckinnon, website development services will be offered at an additional rate of $75/hour.

I do not warrant that the Services provided under this agreement will be uninterrupted or error free or that the Services will meet your requirements, other than as set out in this agreement.
All services and servers are provided "as is". In cases where additional 3rd party software/scripts are installed on the server at the request of a client, Matt Mckinnon will not be held liable for the stability and reliability of that installed software component. Matt Mckinnon operates multiple shared hosting servers providing SME web hosting services. Each of these servers supports several individual customers. Matt Mckinnon is responsible for the security of the server operating system and certain shared software products. Customers are responsible for the security of their own application/website code and software packages they choose to load onto the servers to support their own websites.

6. Liability

Liability

Matt Mckinnon's liability for any breach of the term will be limited to the re-supply of the Services. Matt Mckinnon is not liable to you or any other person for any cost, loss or liability including loss of profit, loss of data, loss of emails, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service. Client warrants that at the time of entering into this agreement, the Client is not relying on any representation made by me which has not been stated in this agreement, or any other formal quotation document. Client accepts responsibility for all information and material published through the web hosting service. Client will not publish information which is illegal. Matt Mckinnon does not host "Adult Content" sites. Client is responsible for dealing with persons who access the Client data, and must not refer complaints or inquiries in relation to such data to Matt Mckinnon. Client will not violate copyright or other intellectual property rights. Client will not download, reverse engineer, change, pass on, or sell any software residing on the Matt Mckinnon servers that is not the property of the Client.

7. Unreasonable Activity

Unreasonable Activity

Email sent through the Matt Mckinnon Email Servers will not promote illegal activities, or pornography. Spam or any annoying, unsolicited messages are not to be sent through the Matt Mckinnon Network. Matt Mckinnon reserves the right to immediately remove any account containing/transferring content deemed to be illegal or deceptive. Matt Mckinnon reserves the right to immediately disable and/or subsequently remove Client websites that are the target of DDoS, hacking or any other sort of malicious attack that significantly degrades server performance. The Client is responsible for maintaining their website and related software. Clients with excessive or unreasonable requests relating to issues outside of Matt Mckinnon's role to manage server hardware and operating systems, may be issued a Notice of Intent to Cancel. In this case, compensation is limited to a pro rata refund when no other discounts have been applied.

8. 30-Day Money Back Guarantee

30-Day Money Back Guarantee

30-day money back guarantee is offered to Client who, if within 30 days of commencing a service with Matt Mckinnon are able to demonstrate that the services provided by Matt Mckinnon were not consistent with reasonable performance expectations. Refunds will not be granted for change of mind, or lack of website traffic. Refunds will not be granted for domain name purchases. Refunds will not be granted if Client realises Matt Mckinnon's facilities are incompatible with Client scripts, languages and databases. Refunds will not be granted if Client does not make a genuine attempt to configure their website within compatibility of server software and components. Full refunds will be made to Client within 30 days of request to refund and cancel service.

9. General

General

These terms and conditions constitute the entire agreement and supersedes all prior agreements. This agreement is governed by the laws of Queensland, Australia. Matt Mckinnon is not responsible for the content of user originated traffic. I exercise no direct supervision or control whatsoever over the content of the information passing through my network. I do not assume any responsibility for any information not sent or authorised by me. Matt Mckinnon does not provide any consulting services. Client is responsible for use of Clients account. If you permit others to use my service, you are responsible for making users of the Service aware of this policy and obtaining compliance. It is Client's responsibility to use my service and services in a manner which does not violate any applicable laws or regulations. Client may not use the Service to interfere with or disrupt any network users, services or equipment. Client must not use the Service to solicit visitors to become subscribers of Matt Mckinnon's competitors.