Terms and conditions

Definition of Terms
"Edsite WA", "Edsite WA web hosting', "us", "we" and "our" means Edsite WA.

"System" means the computer system, programming and communication facilities required by Edsite WA for the operation of the service.

"Service" means the services that Edsite WA provides, such as web hosting and website design.

"Client ", "Customer" and "You" means the party or parties who enters into this agreement with Edsite WA.

Service scope
Edsite WA reserves the right to modify, enhance and withdraw the service and alter policies and service guidelines.

Terms of payment
In consideration of Edsite WA providing you with the service, you agree to payment as follows:

Payment for hosting shall be a minimum of 3 months advance.

You shall pay on invoice the amount owed within 7 days of the date of issue of the invoice.

If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.

If collection for payment is unsuccessful, you will have 5 working days from notification by us of the unsuccessful collection to make payment, after which your account will be suspended.

Additional requirements in relation to website development and e-services apply.

Validity of the agreement
Either party may terminate the agreement on 7 working days' written notice to the other party.

Edsite WA reserves the right to cease immediately without liability (other than the refund of unearned prepaid service fees) to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement subject to our terms or usage policy.

Assignment and Delegation
We may assign or transfer our rights and responsibilities under this contract to another party.

We may also subcontract the performance of any of our responsibilities under this contract to another party.

You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

Liabilities
You agree that Edsite WA will not be liable for any indirect or consequential damages, including but not limited to loss of profits or for any claim made on the client by any other party, even though Edsite WA may have been notified of such damage or claims.

We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services pr ovided by us to you under this Agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.

Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Edsite WA does not screen in advance customer material submitted to Edsite WA for publication. Edsite WA' publication of material submitted by customers does not create any express or implied approval by Edsite WA of such material, nor does it indicate that such material complies with the terms of this agreement.

Edsite WA is not responsible for customers' files residing on Edsite WA servers. You are solely responsible for independent backup of data stored on Edsite WA servers.

Applicable law
This agreement shall be deemed to be an agreement made in Western Australia and shall be subject to, governed by and interpreted in accordance with the laws of Western Australia.

Web Site Content
You agree to abide by our acceptable use guidelines and any modification from time to time as may be deemed necessary.

Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.

Disclaimer
Edsite WA shall not be liable for any damages suffered by any user of these services, nor be liable for any claims or damages whatsoever or howsoever caused, including without limitations to property damage, loss of profits, interruption of business, intellectual property infringement, personal injury, or for any special, consequential or incidental damages, whether arising out of the client's inability to use the service, breaching of warranty, contract, liability or otherwise.

Services are provided by Edsite WA on an 'as is, as available' basis. Edsite WA specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall Edsite WA be liable for any consequential, indirect, special or incidental damages, even if Edsite WA has been advised by the customer of the possibility of such potential loss or damage. If Edsite WA's service to customers is disrupted or malfunctions for any reason, Edsite WA shall not be responsible for losses of income due to disruption of service, beyond the fees paid be the customer to Edsite WA for services, during the period of disruption or malfunction.

Edsite WA is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider its customers may utilise.

Edsite WA does not represent or warrant that customers will receive continual and uninterrupted service during the term of this agreement. In no event shall Edsite WA be liable to customers for any damages resulting from or related to any failure or delay of Edsite WA to provide service under this agreement.

Notwithstanding anything herein contained or implied no employee, agent or director of Edsite WA will be liable to the customer for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.

This agreement shall become effective on the date of your order form being submitted to us for the service.

You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.

If, for any reason, any provisions of this contract cannot be enforced or relied on be either of us, all other terms of our contract with you remain binding.

Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.