PaulBarrs.com | Hosting Agreement
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Hosting Agreement

Update March 1st 2016 re Ongoing Support.

Hosting clients receive up to 30 minutes free support / training in relation to their websites each month. This may include small edits, instructions on how to ‘do’ edits or other questions / answers. Outside of that 30 mins, ongoing support to current clients in billed in 15 min increments @ $120 / hr + GST.

This is above and beyond the following hosting agreement. Obviously if the site fails in any way and it is a ‘hosting problem’ (being different to a website problem), then such is rectified at no cost under the hosting agreement.


Part 1. AGREEMENT

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Basic Business Hosting: Unless otherwise specified in writing, you are limited to 20 GB per month bandwidth and 2 GB of disk space per website that you have hosted with us.

Business Plus Hosting: Unless otherwise specified in writing, you are limited to 50 GB per month bandwidth and 5 GB of disk space per website that you have hosted with us.

Business Platinum Hosting: Unless otherwise specified in writing, you are limited to 100GB per month bandwidth and 10 GB of disk space per website that you have hosted with us.

1.1 Paul Barrs Publishing (referred to in this agreement as “us”, “we”, or “our” acting as a service provider, is providing (The Client) with a suitable hosting environment as described within this agreement.

1.2 Your Business (referred to in this agreement as “The Client”) have requested that Paul Barrs Publishing provide computer storage space for the hosting of your web site (the “Website”) as described within this agreement.

1.3 This agreement constitutes the sole and entire agreement between the parties with regard to its subject matter and any warranty, representation, guarantee or other term or condition of any nature not expressly contained or recorded in this agreement is of no force or effect.

1.4 Any provision, or the application of any provision herein, which is void, illegal, prohibited or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

1.5 This agreement is governed by the Laws of the state of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any court hearing appeals from those courts.

Part 2. WEB HOSTING SERVICES

2.1 In providing the web hosting service, The Client’s data will be stored on our server; a shared hosting platform sourced through HostNine Web Hosting with servers based in multiple countries around the world, including Australia for Australian customers.

2.2 The server will consist of an allocation of disk space together with the functionality for that information to be accessible from the world wide web.

2.3 We do not warrant that The Client or other users will have continuous access to the Web Site. We will not be liable in the event the Web Site is unavailable for any reason, including server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.

2.4 Our web hosting services do not include maintenance of the Web Site. We accept no responsibility for any deficiency or inaccuracy in the Web Site attributable to a lack of maintenance. Requests can be made to Paul Barrs Publishing to update the Web Site, and The Client will be charged accordingly.

2.5 We reserve the right to reassess the hosting service based upon the amount of traffic The Client’s website receives, and any other factors that may result in excessive loads on our server. In the event of such case, The Client will be contacted so the service can be adjusted as necessary, and that the amendment is agreeable to both parties.

2.6 Paul Barrs Publishing may vary the technical configuration or the components of the web hosting platform at any time without notice to The Client.

2.7 The Client will have access to the server at all reasonable times, unless notified in advance by Paul Barrs Publishing of scheduled downtime for maintenance purposes.

2.8 Should a malfunction of any part of the technical environment occur, Paul Barrs Publishing will attempt to re-establish the environment as soon as possible.

Part 3. CLIENT OBLIGATIONS

3.1 You represent and acknowledge to us that you are over the age of 18 years and that upon our request you will provide to us documentary evidence of your age

3.2 The Client is responsible for the design, development, modification, Content and maintenance of the Web Site, unless otherwise agreed.

3.3 The Client is responsible for the registration and renewal of their own domain name, unless otherwise agreed.

3.4 You warrant that the Content and the Web Site:
3.4.1 will not infringe the Intellectual Property Rights of any third person or entity;
3.4.2 is and will not, in our reasonable opinion, be or be likely to be, obscene, offensive, illegal or defamatory;
3.4.3 does not breach any codes, standards or requirements of any relevant authority or body, including (but not limited) to the Internet Industry Association Code of Practice or any other relevant industry codes of practice; and
3.4.4 does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature.

3.5 Should any complaints about Content on the Web Site arise, we will forward complaints to The Client for resolution. The Client will not refer any enquiries or complaints about the Web Site’s Content to us.

3.6 The Client will and do hereby indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect arising out of a claim by a third party in relation to the Web Site, its Content, this agreement or the Web Hosting Services.

3.7 The Client will use the Web Site only for their own purposes and will not sub-let space to or for any other individual or entity except as set out in the Schedule or with our prior written consent.

3.8 Under direction of a relevant authority, we may be required by law to remove Content from The Client’s Web Site. Where possible, The Client will be informed before actioning of such an event. Such content will be a breach by The Client of this agreement and, if applicable, an offence under law. A repeat occurrence will result in the immediate termination of this agreement.

Part 4. OUR LIABILITY

4.1 The Client warrants that they have not relied on any representation by us which is not expressly contained in this agreement and that you have had adequate opportunity to independently verify the accuracy of any such representation.

4.2 The Client warrants that they have not relied on any representation by us which is not expressly contained in this agreement and that you have had adequate opportunity to independently verify the accuracy of any such representation.

4.3 Despite any other term in this agreement and except as prevented by law, we will not be liable to The Client or any third party for any loss (including consequential loss) arising from any breach of our obligations, duties of care, statutory duties or implied warranties in connection with any services provided by us to The Client and to the extent any law implies any duties or warranties that may not be excluded our liability will be limited, at our option, to either supplying the services again or paying the cost of having the services supplied again.

4.4 The Client will at all times indemnify and hold harmless us, our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) caused by:
4.4.1 a breach by you of your obligations under this agreement; or
4.4.2 any wilful, unlawful or negligent act or omission by the Client.

Part 5. FEES & CHARGES

5.1 The Client will pay all the Charges at the rate and in the manner specified by the Web Hosting Plan selected by you.

5.2 If The Client disputes the whole or any portion of the amount claimed in any invoice submitted by us, The Client will (within 7 days of receipt of invoice) pay the undisputed portion of such invoice and notify us in writing of the reason for disputing the remainder of the invoiced Charges so that this can be resolved.

Part 6. CIRCUMSTANCES BEYOND CONTROL

6.1 A party is excused from performing its obligations under this agreement, to the extent that it is prevented by circumstances beyond its reasonable control including but not limited to, such things as, acts of God, natural disasters, acts of war, riots, earthquakes, lightning strikes, floods, storms, explosions, fires, any natural disaster, act of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution, strikes and failure of equipment or systems.

6.2 If the non-performance or diminished performance by the affected party continues for a period which the other party regards as commercially unreasonable, the other party may terminate the agreement. If the agreement is terminated in these circumstances, each party will bear its own costs and neither party will incur further liability to the other.

Part 7. CONFIDENTIALITY

7.1 Neither The Client nor we, without prior written approval of the other, will disclose the other’s Confidential Information.

7.2 Each party will take all reasonable steps to ensure that our employees and agents, and any sub-contractors engaged for the purpose of this agreement, do not make public or disclose the other’s Confidential Information.

Part 8. DATA INTEGRITY

8.1 Paul Barrs Publishing is under no obligation to back up The Client’s data on a regular basis unless otherwise agreed; it is the responsibility of The Client to ensure it has made duplicate copies of all information contained within their website(s). In the event of a corruption or other abnormal event resulting in damage or loss of information stored on The Client’s webserver, Paul Barrs Publishing bears no responsibility, either expressed or implied to restore that information. The Client hereby indemnifies Paul Barrs Publishing fully and absolutely against any and all loss, including indirect, special or consequential loss arising out of or in connection with this agreement.

8.2 If requested Paul Barrs Publishing will make a backup copy of The Client’s Web Site on a regular basis and store these backups in a secure location other than the physical location of the hardware containing the data at a pre-agreed cost.

8.3 Should The Client’s Web Site need to be restored from the backup, Paul Barrs Publishing will use all means available to do so, but bears no responsibility for any data lost between the period of the corruption and the last backup, nor responsibility for the failure of the restoration from the backup medium.

8.4 In the event of a restoration request, the client will be charged a processing fee of $75.00

Part 9. TERM & TERMINATION

9.1 This agreement will commence with the date of acceptance of the application being the same date as the first payment being made for website hosting and continue for the duration of the subscription period as set out in this agreement (month by month payable via PayPal). Either party may terminate this agreement without cause on 7 days’ notice to the other party.

9.2 On expiry of the subscription period in this agreement will be automatically extended for a further subscription period unless either party gives 7 days’ notice of its intention not to renew this agreement.

9.3 A party may terminate this agreement by notice in writing to the other party if the other party breaches any of the terms of this agreement and the breach is not capable of remedy or is not remedied within 7 days of receipt of a notice to do so.

9.4 Paul Barrs Publishing may terminate this agreement immediately if the client: becomes insolvent or has a receiver, manager, administrator or liquidator appointed; or does not pay any of the monies due under this agreement within 30 days from the date that such monies fall due.

9.5 Upon the termination of this agreement for any reason:
9.5.1 Each party must promptly deliver to the other party all confidential information of the other party, or otherwise destroy the same if directed by the other party.
9.5.2 The Client must promptly on request by Paul Barrs Publishing deliver to Paul Barrs Publishing any material provided to the client by Paul Barrs Publishing pursuant to this agreement.
9.5.3 Paul Barrs Publishing will remove The Client’s web site and the client’s hosted content from the web hosting platform.

Part 10. ENFORCEMENT & TERMINATION

10.1 If Paul Barrs Publishing suspects that The Client is using its webserver in breach of this agreement, as set out under obligations, Paul Barrs Publishing may monitor the conduct of the client’s account to determine if its use is legitimate.

10.2 If Paul Barrs Publishing believes that The Client’s use of the service has broken or may break the law or that The Client has not complied with this agreement Paul Barrs Publishing may, in its absolute and sole discretion, do any or all of the following:
* warn The Client by email, telephone or post;
* suspend The Client’s access to the service;
* terminate The Client’s account;
* notify and provide relevant information to the authorities, as appears appropriate to Paul Barrs Publishing.

10.3 In the event of taking any of the action as mentioned, Paul Barrs Publishing reserves the right to delete any or all of The Client’s information, material, software or other content stored on Paul Barrs Publishing’s system, and to provide copies to the appropriate authorities.

Part 11. NOTICE

11.1 Where this agreement refers to a party giving notice, which means written notice (including electronic communications) delivered by hand, facsimile or electronic mail.

11.2 Any notice sent by post is deemed to be received by the party to whom it is addressed on the day which it would have been delivered in the normal course of post

11.3 Any notice sent by electronic communication is deemed to by received by the receiving party at the time the electronic communication enters the receiving party’s information system.

11.4 This agreement automatically comes into force at the commencement of any website hosting plan subscription whether it is acknowledged or not and is agreed upon explicitly.

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