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Terms and Conditions
In order to become a user of or receive Webporter's services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by your ordering of our services, or the commencement of any Webporter's services you were responsible for purchasing.
The following Terms and Conditions govern your use of Webporter's services, which include website hosting, email, domain name registrations, transfers and renewals, SSL certificates, Web development and other services advertised or offered by Webporter. In this agreement, "our", "we" and "us" refers to Webporter (ABN 17 791 043 196), and "client", "you", "your", "they", "their" refers to you, the person, or entity registered in our Client Account and Billing System (CABS) as using our services. Webporter's websites refers to the web pages found on the Internet located at http://www.webporter.com/ and http://www.webporter.com.au/.
Click a section title below to jump to that section within our Terms and Conditions:
- 1. Services and Usage
- 2. Guarantees and refunds
- 3. Service fees
- 4. Term, termination and reinstatement
- 5. Client liability and indemnification
- 6. Disclaimer of warranty
- 7. Liability
- 8. Governing law
- 9. Integration
1. Services and Usage
1.1 Acceptable content
Client takes agrees not to intentionally distribute, electronically transmit or display any materials in connection with their use of the Webporter's services which:
- violate any laws or regulations of Australia or in their own country, where at the state or federal level;
- infringe upon intellectual property rights including copyrights, trademarks, patents or other proprietary rights;
- are unlawfully defamatory, slanderous, trade libelous, threatening or harassing;
- contain child pornography, or intended to solicit children for sexual purposes;
- contain viruses or open security risks which result in damage to Webporter or any third party;
- violates any policy posted on the Webporter's websites including our Acceptable Use Policy, Unsolicited Bulk Email (UBE) Policy, Resource Abuse Policy and .AU Domain Registrant Agreement.
1.2 Exceeding disk space and/or data transfer
In relation to Webporter's services provided to you which have a disk space and/or data transfer limit allocated (for example, website hosting, reseller plans), if these limits are exceeded you are fully responsible and agree to pay any overusage costs charged by Webporter and/or having the associated service suspended. The rate for exceeding bandwidth, or for additional disk space, will be charged at the current rate advertised on Webporter's websites.
1.3 Website hosting (on-selling and on-providing)
Please read this section carefully or you may incur further expenses. If you have any concerns then do not hesitate to contact us.
Websites hosted with our MyWeb hosting plans and BizWeb hosting plans can only be used by one business or person, and can not be sold, traded, or passed onto any additional person(s) or business entities.
Our MultiWeb hosting plans allow you to on-provide web hosting to others, however you are strictly prohibited from trading or on-selling hosting under these plans.
Our Reseller plans plans allow you to host personal websites, on-provide, trade or on-sell hosting to others. For example, they would be suitable for web developers, and others, who would desire to sell website hosting.
Unless written permission is sought from and authorised by Webporter, these rules will be enforced, and you agree to pay any additional charges or fees for breaking them. Additional charges will be evaluated based upon the cost difference between your current hosting plan, and closest appropriate plan for the total plan period. A twenty-five dollar (AU$25) administration fee will also apply, and a further twenty-five dollars (AU$25) may be fined at Webporter's discretion.
1.4 SPAM/Unsolicited email
Client agrees they have read and agree with our Unsolicited Bulk Email (UBE) Policy, agreeing not to intentionally use Webporter's services for chain letters, sending unsolicited bulk emails, or using mailing or distribution lists to send email to any person who has not given specific permission to be included in such a process. Violators may have their services disabled, and be charged fees for any damages we and/or anyone else incur.
1.5 Illegal software
Client agrees to not use illegal or pirated copies of software, or illegal files of any kind, in connection with their use of Webporter's services.
1.6 Website backups
Three backup copies are generally retained for websites and files which exist on our servers. Daily copies are made each day, and overwrite the last daily copy. Weekly copies are made one day each week, and overwrite the last weekly copy. Monthly copies are made one day each month and overwrite the last monthly copy.
We do not guarantee the existence, accuracy, or regularity of our backup services. Client is directly responsible for backing up any and all databases and files in connection with their use of Webporter's services.
1.7 Unlimited hosting features
Some services may be advertised as coming with an unlimited number of a particular feature. Such features include and are by no means limited to email accounts, databases, domains, FTP accounts, email auto-responders, email forwarders and mailing lists. By the term "unlimited" it is intended to mean Webporter does not intentionally place any restriction on that particular feature. We do not warrant that a limit will not be reached due to software or hardware limitations, or unforeseen factors.
1.8 Termination
Webporter reserves the right to refuse services at any time, and in its sole discretion, may immediately terminate this agreement if client engages in any activity that breaks any of our policies.
2. Guarantees and refunds
2.1 Money back guarantee
Only MyWeb, BizWeb and MultiWeb hosting plans as advertised on Webporter's websites come with a money back guarantee, upon cancellation within the guarantee period of fifteen (15) days (inclusive of the 15th day) from when the client's first hosting service was set up. This guarantee only applies to your first hosting service with us, and does not cover any of Webporter's other services. This guarantee expires if notification has not been received before the guarantee period.
If a hosting plan was canceled within the guarantee period, but was set up in conjunction with other services as part of a promotion; cancellation or termination of your hosting plan will void the promotion offer and you will be charged the full costs for any other services in the promotion.
Refunds under our money back guarantee are subject to the same conditions as all other refunds (see 2.2 Refunds).
2.2 Refunds
When you sign up to any of Webporter's services, you enter into a contract which is expected to be financially fulfilled. Webporter is therefore not obliged to refund money for any service provided to you where that service, for whatever reason, is cancelled early.
You are only entitled to a monetary or credit refund when requested under our money back guarantee, or we have not been able to provide a service that you paid for.
We are not responsible for monetary refunds differing in amount to what was paid due to currency conversion rates.
You are not entitled to any refunds where you are in breach of any portion of this agreement or related policies.
2.3 Domain names
If we register, transfer or renew a domain name on your behalf, you agree to pay our applicable service fee required to register, transfer or renew that domain name. Webporter does not offer refunds for domain name registrations for any reason, including spelling mistakes, or miscommunication of the domain name.
2.4 Plan upgrading and downgrading
You are entitled to change your hosting or reseller plan once a month, or as required where upgrading. Upgrades to more expensive hosting or reseller plans are free where the difference in cost for the total plan period is paid. Downgrades to a less expensive plans incur a twenty dollar (AU$20) downgrade fee, and no refund for any money already paid.
3. Service fees
3.1 Payment of services
Fees associated with all of Webporter's services are to be paid in advance unless otherwise agreed. Where Webporter's services require subscription payments, Webporter shall either (i) debit client's credit card (where such information is provided), (ii) debit client's PayPal account, or (iii) deliver by email an invoice to client containing the applicable service fees requiring payment.
Where an invoice is sent to client, it will be issued approximately fourteen (14) days before a payment is due. Client agrees to make payments on invoices issued by Webporter for services, no later than the required payment due date on invoice. Invoices not paid prior to their due date may incur a late payment fee. While Webporter will do everything possible to ensure clients receive an invoice on time, responsibility of tracking and making periodic payments for services ultimately lies with the client.
Webporter shall be entitled to immediately terminate this agreement or services if client fails to make timely payments to us. If client terminates this agreement in accordance with Section 4 hereunder, client shall be responsible for any outstanding fees owed to Webporter and agrees to pay any and all fees incurred.
3.2 Dishonoured cheques
Where client makes payment to Webporter for their services by a cheque, client agrees to pay a twenty-five dollar (AU$25) dishonour fee if for any reason such a cheque is dishonoured.
3.3 GST/Taxes
Webporter is currently not required to, and therefore does not, charge Goods and Services Tax (GST) on products or services provided. Client understands that any services they recieve for a price advertised or offered by Webporter, that such services exclude GST except when otherwise expressed. Once Webporter is required to charge GST, Webporter reserves the right to add GST to future payments of existing services.
At Webporter's request, client agrees to pay any and all taxes associated with or arising from their use of Webporter's services, including any penalties and interest and any costs associated with the collection or withholding thereof. Client also agrees to cover expenses on a service that may result due to taxes and similar fees now in force or enacted in the future that are imposed on the transaction and/or the delivery of services.
3.4 Payment surcharges
Webporter offer various payment methods which come with a surcharge to cover the cost of their convenience to you. Client agrees to pay the surcharge amount as advertised on our Payment Information page with any payment.
4. Term, termination and reinstatement
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for any of Webporter's services, and shall continue to be in effect until termination of all your services with us.
4.1 Hosting/reseller cancellation
If client is cancelling a hosting or reseller service, they must do so by sending a cancellation request in writing either by email, or through our contact form at least seven (7) days before their service expires to avoid additional charges. The cancellation request must include your client name, username, password and the details of services to be cancelled.
Client is responsible for removing all files from the server before the day for which the cancellation is requested. Webporter will not be held responsible for any files deleted or lost under any case.
If Webporter suspends your service for non-payment, then your service can be re-instated within five (5) days from being suspended upon approval from Webporter and full payment of balances due.
4.2 Domain name expiration
Client looses all rights to their domain name upon the expiry of its registration. Webporter is under no obligation to retain domain names for client beyond their expiry date, and will not be held responsible if a domain name is lost for any reason, including a failure to renew it on time.
Webporter reserves to right to retain, sell or distribute domain names as desired once they have expired.
5. Client liability and indemnification
The parties agree that in no event shall Webporter be liable to any third party for client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Webporter from any and all expenses, losses, liabilities, damages or third party claims resulting from services provided to client.
6. Disclaimer of warranty
THE SERVICES INCLUDING ANY PRODUCTS AND SERVICES DISPLAYED OR OFFERED BY WEBPORTER, AND WEBPORTER SITES INCLUDING ALL INFORMATION, TEXT, GRAPHICS, LINKS, APPLICATIONS OR OTHER ITEMS ON WEBPORTER SITES, ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. WEBPORTER DISCLAIMS WITHOUT LIMITATION ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WEBPORTER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE ACCURACY OR COMPLETENESS OF INFORMATION, TEXT, GRAPHICS, LINKS, APPLICATIONS OR OTHER ITEMS ON WEBPORTER SITES; (2) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; (4) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (5) SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. Liability
WEBPORTER DISCLAIMS ALL LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY IN NEGLIGENCE) FOR ALL EXPENSES, LOSSES, DAMAGES AND COSTS YOU MIGHT INCUR RESULTING FROM THE LOSS OF DATA, OR INFORMATION PROVIDED BY US, OR USE OF WEBPORTER SITES, OR USE OF WEBPORTER SERVICES OR PRODUCTS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
8. Governing law
This Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia. The state and federal courts of Queensland, Australia, will have exclusive jurisdiction.
9. Integration
This agreement (including any references to other policies) represents the entire agreement between Webporter and you and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by client, but may be so transferred, assigned or delegated by Webporter. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
This agreement, which includes all of Webporter's policies, is subject to change without notice. Webporter will attempt to communicate changes to this agreement, but is not responsible to such communication in not received due to your contact details in our billing system not being kept up to date. Continued usage of Webporter's services after a change to this agreement constitutes your acceptance of such change or policy. We encourage you to regularly check for any changes or additions.
