Last update: 01/09/2017
This Terms of Service is part of a contract agreement between Hi Tech ITworX Pty Ltd and the client.
Last update: 01/09/2017
This Terms of Service is part of a contract agreement between Hi Tech ITworX Pty Ltd and the client.
(1.1) Use of any service provided by Hi Tech ITworX Pty Ltd you agree to the following definition of terms and their meaning as described in this provision, used throughout this Terms of Service.
(2.1) Use of any service or product supplied from or via the provider constitutes acceptance and agreement of this TOS, any included additional agreements and any agreement or contract that this TOS is included as part of.
(2.2) Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our products and services. By using our products and services you agree that the provider can use such data in accordance with our privacy policy.
(3.1) For hardware products where possible, supply of your server, computer or notebook will be immediate. Items that do not require manufacturing can generally be provided within five (5) working days from the date of your order. However, if the system requires a special configuration it may take longer.
(3.2) For digital products where possible, supply of the digital product will be immediate. Items that require design and/or building will take longer and time frame details will be included in your product quote. A digital product is considered delivered once access is enabled to client, whether client accesses the digital product or not.
(3.3) Some digital products can not be delivered immediately or scheduled due to processes beyond our control and will be considered delivered once the final process is completed to enable access to the digital product. Such digital products include but not limited to domain names and web hosting where there is a delay for DNS propagation before digital product is accessible.
(3.4) Delivery of digital products includes but is not limited to delivery by email, instant messenger software, cloud storage/file download or ability to access digital product via the internet. Where requested or required digital products if possible can be provided by hardware storage medium (such as a cdrom/dvd, portable harddrive or usb stick) which may incur an additional cost.
(4.1) HiTech ITworX Provides a Free Local Delivery/Pickup Service for hardware products. This is subject to availability of a technician in your area and may take up to five (5) working days. The Free Local Delivery/Pickup Service does not include system installations or removals.
(5.1) Computer systems distributed by HiTech ITworX are covered by a 12 Month Manufacturers warranty that is “Return To Base” from the date of invoice to you unless otherwise stated.
(5.2) 1, 2 and 3 year on-site underwritten warranty is also available upon request.
(5.3) Third party items are covered by the respective distributors or manufacturers warranty that is “Return To Base”.
(5.4) Hi Tech ITworX can refuse the client Repairs, Replacements & Refunds on products or services if:
(5.5) Hi Tech ITworX may refuse a repair, replacement or refund for goods or services which meet Australian consumer guarantees. Hi Tech ITworX provides a diverse range of IT related services, if the client presents a claim for multiple goods or services these are treated as independent cases. A client cannot request a repair, replacement or refund for goods or services unrelated to the original claim.
(6.1) Payment for hardware products quoted is required on delivery or pickup at the providers office. A deposit is required on all orders of at least 25% of the total cost. All prices are inclusive of GST unless stated otherwise.
(6.2) Payment for digital and software products quoted including but not limited to web sites, design work and graphics is required on delivery or pickup at the providers office. A deposit is required on all orders of at least 50% of the total cost. All prices are inclusive of GST unless stated otherwise.
The client acknowledges that Synergy Wholesale Pty Ltd acts as the preferred registrar for the provider.
(7.1) Client agrees to the (supplemental registry agreement) – auDA registrant agreement as supplied by auDA for all .au domains. For more information regarding .au domains, please visit auDA
(Supplemental registry agreement located via: http://domains.cloud.htw.net.au/agreement/au-registrant-agreement.pdf)
(7.2) Client agrees to the (supplemental registry agreement)ICANN registrant agreement as supplied by ICANN for all domains. For more information regarding gTLD domains, please visit ICANN
(Supplemental registry agreement located via: http://domains.cloud.htw.net.au/agreement/icann-registrant-agreement.pdf)
(7.3) Upon request for registration or renewal of any domains under the new gTLD or sTLD program, the client constitutes acceptance and agreement in addition to this TOS, of any applicable supplemental registry agreement as provided by the applicable registry (administrative body for the gTLD or sTLD). The client acknowledges and agrees they have reviewed all applicable policies and satisfactorily met the obligations and conditions contained in any applicable policy for the client domain request as set out by the applicable registry or administrative body. Such policies shall not alter provisions as set with in this TOS, any included additional agreements and any agreement or contract that this TOS is included as part of.
(Supplemental registry agreement(s) located at the applicable gTLD or sTLD registry’s website)
(7.4) Domains are NOT automatically renewed. The provider requires confirmation to renew a domain along with payment before renewal will take place. The provider’s automated system will send the client an email alert informing you 90 days before an expiration. It is the client’s responsibility to ensure the provider is requested to renew the client’s domain. Failure to request or confirm a domain renewal will result in domain expiry. The provider and upstream providers are not liable for any loss including but not limited to any downtime, loss of business, loss of sales or income or anything related to a domain expiration because of non-renewal; with the exception of where it is shown that the provider has received email advise from the client requesting renewal of the domain. The only acceptable proof that the client has requested a domain to be renewed is an email reply from the provider that such a request has been received.
(7.5) The client is ultimately responsible for their actions, content, users and usage of said domain services. The client agrees that the provider and upstream providers are not responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.
(7.6) The client, being the domain name registrant explicitly confirms that the provider will act as their Designated Agent in the event of any material change to domain name registrant data.
(8.1) SSL Certificates are NOT automatically renewed. The provider requires confirmation to renew a SSL Certificate along with payment before renewal will take place. The provider’s automated system will send the client an email alert informing you before an expiration. It is the client’s responsibility to ensure the provider is requested to renew the client’s SSL Certificate. Failure to request or confirm a SSL Certificate renewal will result in SSL Certificate expiry. The provider and upstream providers are not liable for any loss including but not limited to any downtime, loss of business, loss of sales or income or anything related to a SSL Certificate expiration because of non-renewal; with the exception of where it is shown that the provider has received email advise from the client requesting renewal of the SSL Certificate. The only acceptable proof that the client has requested a SSL Certificate to be renewed is an email reply from the provider that such a request has been received.
(8.2) The client is ultimately responsible for their actions, content, users and usage of said SSL Certificate services. The client agrees that the provider and upstream providers are not responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.
It is impossible to guarantee the uptime (defined usually as an Service Level Agreement or SLA) of a server due to a large number of components and providers supplying various services to enable a server to be online.
(9.1) The provider offers a best effort guarantee. The provider will do everything possible to ensure our services are online 100% of the time, however the provider does not make any specific guarantees. The provider aims for 100% availability, and in reality these services are often above 99.9% available.
(9.2) Payment for hosting services is to be paid upfront and in advance of year or month of hosting. Hosting renewal are to be paid in advance, due at time of renewal. Failure to make payment may result in the client hosting account being suspended and possibly terminated.
(9.3) Hosting accounts are automatically renewed. The provider requires confirmation to cancel a hosting service with a minimum 30 days notice. It is the client’s responsibility to ensure the provider is requested to cancel the client’s hosting service. Failure to request or confirm a hosting service cancellation will result in the client’s hosting service being renewed for the same term. The only acceptable proof that the client has requested a hosting service to be canceled is an email reply from the provider that such a request has been received. On hosting service renewal, the client will be bound and financially obligated for the new term of which the TOS and any included agreements will continue to apply to the new term.
(9.4) The provider’s hosting services are not to include, link to content, or be used for any purpose that contain, promote or involve any of the following:
(9.5) Use of the provider’s hosting services for any of the above provision as listed in (9.4) constitutes a breach of this agreement.
(9.6) The client is ultimately responsible for their actions, content, users and usage of said hosting services. The client agrees that the provider and upstream providers will not be held responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.