Terms and Conditions

1. General
1.1 The Client is the person or entity who is applying to receive, or who is receiving, one or more of the following services from BaseHost:-

• Web Hosting Services
• Domain Name Registration
• SSL Certificates.

1.2 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. BaseHost gives no warranty, express or implied, for the Web Hosting Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by BaseHost or its providers beyond the fees paid by the client to BaseHost for services.

1.3 Client will use the Web Hosting Services in a manner consistent with any State or Federal legislation.

1.4 Use of any information obtained by way of BaseHost is at the Client's own risk, and BaseHost holds no liability for such use.

1.5 BaseHost is not responsible for any damages arising from the Client's use of BaseHost or by the Client's inability to use the Web Hosting services for any reason.

1.6 While BaseHost shall make every reasonable effort to protect data stored on Client's Server(s), BaseHost is not responsible for Client's data, files, or directories residing on BaseHost's equipment. The Client is solely responsible for maintaining data, file, and directory structure backups.

1.7 The Client is required to provide BaseHost with correct and up to date contact details for billing and technical notification purposes. BaseHost takes no responsibility for disruption to services due to inability to contact the Client.

2. Payment
2.1 The Client agrees to a once off set up fee and ongoing service fees for provision of Web Hosting Services. In addition setup fees may be charged for additional services as per prices indicated at www.basehost.com.au.

2.2 Payment can be by cheque, money order, direct deposit or credit card and in accordance with the payment terms indicated on the BaseHost invoice, which will be forwarded to the Client by electronic mail.

2.3 Monthly accounts can only be paid by credit card. Quarterly and yearly accounts can be paid by Cheque, Money Order, Credit Card or Direct Deposit.

2.4 Where Clients elect to pay their account on a monthly basis, the first payment from the Client will include two months charge for hosting and relevant services specific to that account.

2.5 For clients that have paid by cheque or money order:

2.5.1 Client will receive an invoice by electronic mail no less than two (2) weeks prior to the due date of the invoice.
2.5.2 Where an invoice becomes more than 14 days overdue, the Client's service will be automatically deactivated pending payment. A re-activation fee of $50.00 will be applied to the Client's account in addition to any outstanding amounts. Reactivation of service will only occur where the full amount, including reactivation fee(s), is paid.

2.6 For Clients that have chosen to pay by credit card:

2.6.1 Client will receive an invoice by electronic mail no less than two (2) weeks prior to the due date of the invoice.
2.6.2 Payment will automatically be deducted from the client's nominated credit card account on, or within 7 days of, client's account due date on an annual, quarterly or monthly basis as nominated by the client. If an alternate payment method is required, it is the client's responsibility to contact BaseHost and provide notification to this effect.
2.6.3 Where an invoice becomes more than 14 days overdue, the client's service will be automatically deactivated pending payment. A re-activation fee of $50.00 will be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur where the full amount, including reactivation fee(s), is paid.

2.7 BaseHost reserves the right, in its sole discretion, to deactivate the Client's Web Hosting account(s) upon an indication of credit problems including, but not limited to, delinquent payments.

2.8 The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.

3. Domain Names
3.1 BaseHost provide no warranty or guarantee that the domain name applied for will be available for registration by the Client.

3.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures.

3.3 The Client agrees to irrevocably waive any claims against BaseHost that may arise resulting from the decision of a naming authority to refuse to register a domain name.

3.4 In the circumstances that BaseHost did not register the Client’s domain name, it is the Client’s responsibility to ensure that the Domain Name Licence is renewed furthermore, BaseHost will accept no responsibility or liability for the renewal of the domain name under these circumstances.

3.5 Payment for registration or renewal of a domain name must be made prior to any action being taken by BaseHost to submit the registration or renewal application to the appropriate registrar.

3.6 Should BaseHost undertake the renewal of a domain name on the Client’s behalf where the original registrar for the domain is different to BaseHost's registrar of choice, the successful renewal of the domain by BaseHost will be dependant on the Client’s agreement to transfer the domain to BaseHost’s registrar of choice.

3.9 Domain registration applications and renewal requests will be processed within 1 -2 business days of receipt of payment and other required information from the Client.

3.10 Requests for cancellation of domain registration will be accepted up to 48 hours after registration of the domain by BaseHost’s registrar. Fees apply to the value of the full amount of registration for cancellation of a registered domain.

3.11 Requests to transfer ownership of a domain name to a different entity will be accepted by BaseHost however, BaseHost is bound by the relevant policies of the appropriate naming authority. Fees apply.

3.12 Official Policy Documentation for the ".au" domain name space can be located at www.auda.org.au.

3.13 BaseHost's Registrar of Choice for ".au" domain name registrations and renewals is Planet Domain, contact details can be located at www.planetdomain.com. All ".au" domain registrations and renewals are bound by Planet Domain’s policies in addition to any conditions stated in these Terms & Conditions and policies published by auDA.

3.14 BaseHost's Registrar of Choice for all TLD (.com, .net, .org, .biz, .info) domain registrations and renewals is Planet Domain, details accessible at www.planetdomain.com. All TLD domain registrations and renewals are bound by Planet Domain’s policies in addition to any conditions stated in these Terms & Conditions and any policies published by the relevant naming authority.

4. Intellectual Property
4.1 The Client warrants that it has the right to use the applicable trademarks of the Client, and grants to BaseHost the rights to use such trademarks, if any, in connection with BaseHost's promotion of, referencing of, cataloging of, or indexing of it's Web Hosting clients.

4.2 A Client will not be referenced or promoted as outlined in section 4.1 upon written request to BaseHost.

4.3 The Client hereby agrees that any material submitted for publication on BaseHost through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, trade secret, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.

5. Hardware, Equipment, and Software
5.1 The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. BaseHost makes no representations, warranties, or assurances that the client's equipment will be compatible with BaseHost's services.

6. Acceptable Use
6.1 Client’s should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution.

6.2 Client’s must not violate any local, state, federal or foreign laws.

6.3 Client’s must not use the BaseHost network services to engage in or promote any fraudulent or deceptive or illegal practices.

6.4 Client’s must not use the BaseHost network services to deliberately transmit any computer viruses, worms, trojan software or other malicious programs.

6.5 Client’s must not manipulate or bypass any BaseHost usage limits.

6.6 All messages transmitted via BaseHost's service should correctly identify the sender and Client’s may not alter the attribution of origin in electronic mail messages or postings.

6.7 Client’s must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access to said systems, networks or services.

6.8 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. BaseHost is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network BaseHost or its Clients may utilise.

6.9 Using BaseHost's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited.

6.10 Client’s must not use the BaseHost network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

6.11 Client’s must not engage in activities, whether lawful or unlawful, that BaseHost determines to be harmful to its subscribers, operations, reputation, goodwill, or Client relations.

6.12 Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any Client found to be spamming will have their Web Hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming.

6.13 BaseHost reserves the right, in its sole discretion, to suspend the Client's services provided by BaseHost - including but not limited to web hosting services, email accounts or others - without notice upon proof of breach of the clauses outlined in Section 6 – ‘Acceptable Use’ of these Terms & Conditions.

7. Termination
7.1 The Client may cancel the Web Hosting Services provided by BaseHost upon the conditions that requests for cancellation are made in writing and sent to BaseHost via postal mail to Suite 1, 421A Church St, Richmond VIC 3121 or, via electronic mail to customerservice@basehost.com.au. Cancellation of any services will not take effect until such notice is received.

7.2 A refund is available if BaseHost receives the cancellation request within 30 days of purchase date for the services the Client wishes to cancel. After 30 days of purchase date refunds and cancellations are only available if BaseHost fails to provide services and facilities which were guaranteed. Setup fees are not refundable at any time.

7.3 Within 2 business days of receipt of cancellation request, the service will be deactivated. The service (including any files, hosting space, databases or other related items) will be deleted from BaseHost's servers 7 days after account/service deactivation. It is the responsibility of the Client to ensure that all required data is backed up by the Client prior to deletion.

8. Privacy Policy
8.1 Agreement with, and acceptance of, BaseHost's privacy policy is implied by your acceptance of these Terms & Conditions. Details of the Privacy Policy can be found at http://www.basecentral.com.au/global/privacy_policy.asp

9. Change in Terms and Conditions
9.1 BaseHost reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via the Client’s Control Panel Continued usage of Web Hosting Services indicates the client's acceptance of the Terms and Conditions in their amended form.

10. Agreement
10.1 The Client agrees that the abovementioned Terms and Conditions constitute the full and complete understanding of the obligations and responsibilities between BaseHost and the Client.