Terms of Service

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) Definitions

(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.

“Provider” and “Hi Tech ITworX” and “Hi Tech” refers to Hi Tech ITworX Pty Ltd, 7/64 Sydney Road, Mudgee NSW 2850, Australia (ABN: 38 137 400 161).
“Client” refers to the account holder and contact for services supplied by or via the provider.
“Users” refers to anyone who uses or accesses the client’s services, content and account such as a member of a public forum provided by the client.
“TOS” and “Terms of Service” refers to this document.
“Additional agreements” refers to any agreement or contract included, linked to via an internet hyperlink or attached to this TOS including where this TOS is included into as part of a contract.
“Technician” refers to employees of the provider with appropriate skills and/or qualifications related to required work/repair/service.
“Free Local Delivery/Pickup Service” refers to free delivery or pickup within Mudgee CBD or Gulgong CBD (central business district) of client components either owned by client and repaired by the provider, or purchased new from the provider.
“Hardware Products” refers to physical items supplied by the provider, including but not limited to servers, desktop computers, laptops, hard drives, memory and cables.
“Digital Products” refers to computer files or services only accessible via a device such as a computer, tablet or mobile, including but not limited to web site files and databases, graphic images, source code, documents (such as text, word, pdf files), web hosting (storage of web site files and emails) and domain names.
“Upstream providers” refers to the chain of suppliers of the provider.
“Return to Base” refers to the return of the item in context, to the provider at the providers location as defined with the definition of provider.
“TLD” and “TLDs” refers to top level domain. A top level domain (TLD) is the last segment of the domain name. The TLD is the letters immediately following the final dot in an Internet address.
“ccTLD” and “ccTLDs” refers to a two-letter top level domain (TLD) specifically designated for a particular country, sovereign state or autonomous territory for use to service their community. .au, .uk, .de, and .cn are all examples of ccTLDs.
“gTLD” and “gTLDs” refers to a generic top level domain and is basically any TLD that is not a ccTLD. Previously, gTLDs were limited to being three or more characters; But with the addition of the New gTLD program, there are now also sTLD domains. Examples of gTLDs include .com, .org, and .info.
“sTLD” and “sTLDs” refers to a sponsored top level domain and is basically any specialized TLD that has a sponsor representing a specific community served by the domain. The communities involved are based on ethnic, geographical, professional, technical or other theme concepts proposed by private agencies or organizations that establish and enforce rules restricting the eligibility of registrants to use the TLD. Examples are .travel, .aero, .edu, .gov, .museum, .club, .pub, .software, .services etc.
“Supplemental Registry Agreement” refers to any applicable policy or agreement required to be agreed to in addition to this TOS for the registration and renewal of certain top level domains and is provided by the adminstrating body or registry for that TLD. This includes ccTLDs, gTLDs, and the new sTLDs as part of the new gTLD program.
“Registry” refers to the database of all domain names registered under a certain TLD. A registry operator, also called a NIC or network information center, is responsible for managing this database. They contract with registrars, who are accredited to sell domains under the TLD.
“Registrar” refers to a company that is authorized to sell domain names.
“Registrant” refers to is a person, organisation, business or company who has registered a domain name through a registrar.
“DNS Propagation” refers to the process of updating records in the world wide Domain Name System database. This process can take up to 72 hours to update across the world, but generally is 24 to 48 hours.

(2) Acceptance

(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) Delivery

(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) Free Local Delivery/Pickup

(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) Warranties, Repairs, Replacements & Refunds

(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:

You simply changed your mind
You misused the product or service in a way that contributed to the problem
You asked for a service to be done in a certain way against the advice of the Hi Tech ITworX or were unclear about what you wanted
A problem with a service was completely outside of the business’ control

(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) Payment Terms

(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.

(7) Domains

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) SSL Certificates

(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.

(9) Hosting

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:

(9.4.1) Any copyright, patent, trademark, or other intellectual property right
(9.4.2) Pornography
(9.4.3) Threatening, racial, hate or otherwise abusive content
(9.4.4) Any use and all content inciting, instructing, or promoting illegal activities
(9.4.5) Performing activities of any nature that would be deemed illegal by authorities
(9.4.6) Unsolicited emails or Spam
(9.4.7) Accessing data not intended for user, or not authorized for user, including user accounts, servers and networks, or attempt to interfere with services to any user, server or network.
(9.4.8) Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
(9.4.9) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting
(9.4.10) Internet Relay Chat (IRC) Services, including but not limited to IRC servers, IRC clients, IRC bots, and IRC relays
(9.4.11) Resource intensive processes, code, or usage which would affect the performance of a server and network resulting in downtime, availability, or poor performance of services.

(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.

(10) General

(10.1) The provider and upstream providers may reveal any and all information at the provider’s or upstream providers discretion regarding a client account to any law enforcement agent who makes a request without further consent or notification to the client, including but not limited to the following, account usage, content, assigned ip addresses, account history, connections to and from server related to account, account correspondence and contact details.

(10.2) The provider reserves the right to suspend or cancel any hosting service at the provider’s discretion where it is found in violation of these Terms of Service without consent or notification. Client also agrees 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 the client account being suspended or terminated. Upon suspension and/or termination of a client’s services provided via the provider, the client is still financially obligated as per the original term and is required to make payment to the provider, the amounts owed for the original term within 30 days.

(10.3) All service renewals will be charged at the current price to client at time of renewal.

(10.4) The provider reserves the right to change prices for any and all services and products with out consent to client at any time. The provider will provide a notification of any price changes to any and all services and products to client. Continued use of services supplied to the client from the provider indicate acceptance and agreement of the changes advised by said notification which will apply on the next service renewal. Where the client is not contactable to advise of said notification including but not limited to contact details not kept current with the provider by the client, the changes as advised by said notification automatically apply and become current after the initial notification for the client without further notification.

(10.5) It is the client’s responsibility to ensure the provider has current and correct contact information for the client. Any contact detail changes for the client should be advised to the provider within 2 days. Due to most communications from the provider to the client will be via email, the client must provide a contact email address to the provider for any and all services supplied by the provider.

(10.6) The provider reserves the right to update or amend this TOS, attached agreements, or any contract that this TOS is part of, without consent to the client but with a notification of change to the client. Continued use of services supplied to the client from the provider indicate acceptance and agreement of the changes advised by said notification. Where the client is not contactable to advise of said notification including but not limited to contact details not kept current with the provider by the client, the changes as advised by said notification automatically apply and become current after the initial notification for the client without further notification.

(10.6a) An allowable notification the provider can give of any update or amendment as provisioned in 10.6 of the TOS, or any price change as provisioned in 10.4 of the TOS is as a public message on the providers website or a public message via social media including but not limited to the providers Facebook page.

(10.7) Where the client disagrees with any update or amendment as provisioned in 10.6 of the TOS, or any price change as provisioned in 10.4 of the TOS, and the products and services supplied to the client are not under contract between the provider and an upstream provider, the client must cancel usage of all the providers products and services with a minimum of 7 days notice and any balances owing to the provider will be calculated up to and including the minimum 7 days notice of cancellation and will be immediately due and payable.

(10.7a) Where the client disagrees with any update or amendment as provisioned in 10.6 of the TOS, or any price change as provisioned in 10.4 of the TOS, and the products and services supplied to the client are under contract between the provider and an upstream provider, the client must cancel usage of all the providers products and services with a minimum of 7 days notice and any balances owing to the provider will be calculated as per the remaining term and cost of the upstream providers contract including any cancellation fees and will be immediately due and payable.

(10.8) If any provision of this TOS, attached agreements, or any contract that this TOS is included into, is held to be invalid, null, void or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.

(10.9) This TOS, attached agreements, or any contract/agreements that this TOS is part of, is interpreted under and governed by the laws in the state of New South Wales, Australia.