The following terms and conditions (these "Terms") govern the provision by Flying Haggis Propriety Limited trading as Web Hosts Australia. ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions”) and defined in any of the Company’s product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

By submitting the online order form, Customer hereby agrees to the following:

• The term of this agreement, and the provision by the Company of the services hereunder, is on a periodic basis and renewable on the anniversary of such period unless cancelled earlier by pursuant to the express terms of this agreement.
• Customer agrees to pay for hosting services in advance of each payment term on the billing date specified in the invoice it receives from the Company.
• Clients on monthly payment plans are requried to set up an automatic payment facility to arrive in our account on or before the due date each month
• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• All set-up fees are non-refundable as are service fees unless covered by the 30 day money back guarantee. Customers shall not be entitled to any refunds, pro-rated or otherwise in the event of early termination of this agreement by the customer or the Company according to the terms herein.
• Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.
• All payments must be received and in the account of Web Hosts Australia on or before the due date.Should payment not be received by this date the service will be suspended without further notice and will incur a $25 reconnection fee. Once an invoice falls 7 days past due it will be forwarded to a debt collection agency and the customer is liable for any resulting fees from this action.
• Auto renewal of Hostirng plans- All agreements will be automatically renewed at the end of the their billing period unless notification of intent to cancel is received in compliance with our Cancellation policy below
• Cancellation of any and all products and services must be submitted through your client billing and support area at https://clients.fluccs.com.au at least 7 days before the next invoice is due for that product or service. Failure to do so will require payment of any and all outstanding invoices before notice of cancellation will be accepted.
  Note - communication of intent to cancel by any other medium will not be accepted in order to protect the integrity of your account.
• In the event of a refund being claimed under the 30 day money back guarantee if a free domain name was obtained as part of the sign up the cost of that will be deducted from the amount of the refund at the going rate on the ALBA Domains site
• Company is not responsible for data integrity on equipment reclaimed for non-payment.
• Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
• Customer agrees to adhere to the Company Data Center Rules and Procedures.
• Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Centre Rules and Procedures, and Terms of Services.

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Indemnification

Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Backups

Backups are typically performed on a nightly basis with a nightly, weekly and monthly copy stored.

While every effort is make to protect your data our backups are conducted as a courtesy and all responsibility for retaining a copy of your site and any associated databases remains with you.

We therefore urge all clients to maintain full and up to date back ups of their sites and any databases. If you are unsure how to do this then please contact support and we will be happy to advise you.

Limitation on Company Liability

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Notices

Unless otherwise specified herein, any notices or other communications required or permitted shall be through the help desk at ALBA Support using the log in of the account in question

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Miscellaneous

Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.