The following terms and conditions apply to the provision of services to you by ("Host Web Live") once Host Web Live has accepted your order by sending you a written confirmation or by commencing the provision of the Service (as defined below):

hostweblive.net hostweblive.com.au hostweb.com.au hostweblive.com

1. Host Web Live shall use reasonable endeavours to provide the service to you specified in your order ("the Service"). You acknowledge and agree that Host Web Live does not guarantee the provision of the Service on an uninterrupted basis but that Host Web Live shall use reasonable endeavours to meet the service levels as we're dependant on our suppliers an backbone connections, or if any but not limited to being specified on the Host Web Live website at www.Hostweblive.com.au from time to time. In the event that no Service Levels are specified on the Website, Host Web Live shall provide the relevant Service with reasonable care and skill. You further acknowledge and agree that Host Web Live is constantly revising its Service Levels and that you accept such revised Service Levels as are posted on the Website from time to time.

2. If Host Web Live applies for the registration of a domain name on your behalf as part of the Service you warrant, represent and undertake as follows:

(a) that you have the right to use the name which will form the prefix of the domain name; and
(b) by requesting Host Web Live to apply to register the domain name you agree to comply with the relevant registration authority's terms and conditions as specified from time to time and indemnify and keep Host Web Live and its directors fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or breach by you of this clause 2 including, without limitation, the relevant registration authority's terms and conditions.

3. Host Web Live shall use reasonable endeavors to provide advice and support concerning the provision of the Services to you by email at the email address specified on the Website from time to time and shall, where appropriate, seek to provide remote diagnosis and fault corrections. Host Web Live shall provide such advice and support with reasonable care and skill. For the avoidance of doubt, Host Web Live shall not be obliged to carry out any site visits or otherwise provide support other than by email. During internal emergencies and high demands support  services can some times be delayed or highly delayed, In the event of servers outage we will at times be working on this issue an unable to respond to the overwhelming emails.

On sites visits are charged at $55 Callout fee including initial 15 minutes work then $35 per 30 mins after.

4. Your sole remedy for failure by Host Web Live to meet the Service is to terminate this your service an an lodge an email to feedback@hostweblive.com.au.

5. This Agreement shall commence on the date specified by Host Web Live in its confirmation of your order or the date that Host Web Live commences the provision of the Service (whichever is the sooner) and shall continue in force until terminated in accordance with its terms.

6. Host Web Live shall use reasonable Endeavour's to commence the provision of the Service to you by the end of the next two Business Days following the day upon which payment in full for the Service is received from you. For the purposes of this Agreement, "Business Day" means any day excluding Saturday, Sunday and any bank or public holiday in Australia, During internal emergency's this agreement is void

7. You must pay Host Web Live for the Service at the rate agreed with Host Web Live at the time of placing your order as such rate may be revised by Host Web Live from time to time provided that Host Web Live shall not revise such rate more than once in any period of six months and you shall pay such rate in advance on or before the beginning of each payment period as agreed with Host Web Live at the time of placing your order ("the due date"). Any failure by you to pay in full by the due date will entitle Host Web Live at any time there after without notice to you to terminate the provision of the Service with immediate effect. Debt evasion or fraud like behavior will be pursued - reported and considered as fraud an you may run the risk of bad credit via debt collection pursuant

8. You undertake and agree to:

(a) keep your contact details up to date and forthwith notify us in writing of any amendments;
(b) keep your passwords confidential and only disclose them to such of your employees who need to know them and you will procure that those employees keep such passwords confidential; and
(c) comply with the terms and conditions of use of any third party networks and services used in the provision of the Service which are not directly operated or provided by Host Web Live and/or which are not under the control of Host Web Live. (d) Host Web Live is not liable for any of its suppliers or carriers or network providers faults or actions or misconduct you hold Host Web Live non liable for this circumstances (we cannot control  the mentioned)

9. You acknowledge and agree that:

(a) From time to time, the Service may be closed down, staff internal emergency's or service interrupted by suppliers and suspended in order for work to be carried out relating to the upgrading, misconduct or maintenance of the Service or for other reasons relating to the provision of the Service. Host Web Live shall use reasonable Endeavour's to give you reasonable notice of such closure and suspension and shall use reasonable Endeavour's to ensure that such works are carried out as quickly as reasonably practicable;
(b) Host Web Live is entitled to alter or transfer IP addresses from time to time for any reason whatsoever. Whilst Host Web Live shall use reasonable Endeavour's to give reasonable notice of such alteration or transfer, Host Web Live does not guarantee this. All IP addresses supplied are supplied as a non-portable RIPE, ARIN or APNIC PA address space and remain the property of Host Web Live and/or its suppliers and must not be used on termination of the Service and Host Web Live shall thereafter be entitled to use such IP addresses for any purpose whatsoever. No IP addresses are transferable to other service providers.

10. By submitting your order for the provision of the Service on the terms and conditions of this Agreement you hereby expressly consent to Host Web Live using any and all information provided by you from time to time for any purpose reasonable including, without limitation, the marketing of Host Web Live products and/or services to you and the sending to you of e-mails concerning Host Web Live products and services and/or any technical announcements by Host Web Live concerning the Service and you hereby expressly consent to Host Web Live transferring the information to any third party that is a group undertaking of Host Web Live and/or its suppliers anywhere in the world. For the avoidance of doubt, Host Web Live will not sell such information to any third party. Host Web Live will comply with orders of the authorities via subpoena in terms of releasing your identity.

11. All copyright, trade marks and other intellectual property rights subsisting or created in the provision of the Service shall remain the property of Host Web Live or its licensor and you will not derive any right, title or interest in them. You shall indemnify and keep Host Web Live indemnified against any and all losses, claims, liabilities, damages, demands, costs, expenses (legal costs and expenses) incurred by Host Web Live as a result.

12. You and Host Web Live hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement and shall not be disclosed to a third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after its termination or expiration.

13. Host Web Live may, at its sole option and without any obligation to refund monies paid by you services are deemed as prepaid unless we have given you credit., terminate this Agreement immediately on written notice to you if:

(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the Service is or becomes illegal;
(c) if there is a breach of this Agreement;
(d) the continued use of the Service could cause technical problems on the Internet; or
(e) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of Host Web Live or otherwise be detrimental to the business, goodwill or reputation of Host Web Live.

14. Either party may terminate this Agreement by serving not less than 28 days written notice on the other provided that if you terminate this Agreement, Failure to terminate your service via contacting us will resolve in you being charged for resources used.

15. You may terminate this Agreement immediately by serving written notice of 28 days on Host Web Live if Host Web Live persistently fails to meets the terms of service.

16. Host Web Live reserves the right to change the terms and conditions of service without notice in accordance with fairness, internal emergency's an supplier misconduct

17. Host Web Live gives no warranty and makes no representation in respect of the Service save as expressly set out in this Agreement and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Service.

18. Host Web Live shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service, including without limitation:

(a) loss of revenue; and/or
(b) loss of anticipated savings; and/or
(c) loss of business and/or goods; and/or
(d) loss of goodwill; and/or
(e) loss of use; and/or
(f) loss and/or corruption of data and/or other information; and/or
(g) downtime; and/or
(h) any damage relation to the procurement of any substitute services.

For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 17 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Whilst Host Web Live shall use its reasonable Endeavour's to ensure that backup copies of all Client data contained are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Host Web Live shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Host Web Live to back up such data. For example: hardware failure, software failure and supplier misconduct

19. No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.

20. Notices to either party must be given in writing and sent by first class recorded post or facsimile to the relevant addresses specified on the Website in the case of Host Web Live, and in your order in your case, as amended by no less than 18 days' notice in writing by the parties from time to time. A notice shall be deemed delivered within three Business Days and signature of receipt by a host web live staff member of posting in the case of first class post and twenty four (24) hours after the completion of the transmission as shown in the transmission report in the case of facsimile.

21. Reselling our Services or use of Dedicated Servers:

(a) If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;

(b) You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any Contract binding on us;

(c) You may resell the Service provided that you have paid our charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or webspace greater than that you have contracted to purchase from Host Web Live. Furthermore you must not purport or claim that the resale is a resale of the Service. You must at all times clarify that you are selling connections or bandwidth from your own firm. You will hold Host Web Live indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale Contract include and comply with the provisions of this agreement. If Host Web Live agrees any change in Service this Contract is to be treated as varied accordingly;

(d) Failing to keep up with your accounts balance will result in you and all of your clients accounts suspended until the matter is resolved, In the pass we have high debts racked up by resellers and now cracking down on overdue accounts are billing system is setup to automatically suspend accounts if payment has not been made by a specified amount of days after the due date. 

22. Dedicated Servers

Unless your server is managed by Host Web Live and has OS restore provisions in the management fee, you're subjected to the following fees, these fees may not always apply the fee depends solely if any costs arises to Host Web Live via contracted resources - However most of the time Host Web Live uses its own staff to resolve all of the below matters.

OS Restore fee: $55-85, Hacked server cleaning; $120, DoS mitigation: $50-200, Non managed servers tech work: $55/hr

Hardware failure: We will replace faulty hardware on all Host Web Live servers free of charge, Our hardware is supplied direct from manufactures we do not use "pc stores" to purchase our hardware. As such a warranty is supplied on all hardware and general replaced next business day unless we have stock in the store room at the datacenter ourselves. 4hour hardware replacement options can be purchased by contacting sales@hostweblive.com.au

Dedicated Server Tech Fees: All fees are payable within 3 days unless otherwise asked for upfront payment. Charity & Non for profit organizations are exempt from this policy payment is request within 10 working days for these exempt policy's. All fees not paid will result in the debt registered and pursued by International and National debt collection agency's. Host web Live takes debt evasion seriously.

Monitoring: All host web live managed dedicated servers are monitored with complimentary reboots upon a server being down or examined to be none responsive via the datacenter or if your server is managed.

Managed servers: All managed servers unless specified include unlimited server admin work and regular server maintenance/updates/patches and any software installation requests, work done by your self is your problem we wont be held liable.

Network & Routing: A 99.9%  network Uptime is included with all dedicated servers or collocation servers / hosting servers purchased from Host Web Live, In the event of claims against us the datacenter/NOC are accurate an the official uptime.

Multi Homed bandwidth is also included in all services from host web live

23. Abuse / harassment / Public Form Posts

Host Web Live will not tolerate any abuse or harassment from clients, Host Web Live is structured on fair business practice & moral business ethics we do the right thing by all of our clients. We will go out of our way to accommodate most reasonable requests / Matters. Clients found to be posting negative feedback in a forum without contacting us to sort the matter out first an wait for a reply from us you may have your account suspended/terminated as this is un professional and slander and not the client we want at the end of the day, if a matter is of urgency we have all the appropriate contact mediums for our clients to contact us. We will report all occurrences of slander or false information being advertised to the public unless with our consent. Your right to make a complaint has been set out via contacting us and awaiting a reply, we aim to resolve all issues with a win win situation for our clients.

Ongoing abuse / harassment matters may be referred to your the local law enforcement agency.

24. Threats of legal action

We will not tolerate this and it may be treated with high consequences, We simply cannot be held liable in any way for our suppliers misconduct or service issues or our carriers, We cannot and will not be held liable for resources with internal emergency's such as staff taking emergency leave, Loss of income due to changes or actions made by you or a client failing to reply to our contact method when we require details to provision or provide a service, You have agreed to our terms of service upon signing up. Most if not all client and business communications is recorded and saved for up to 5 years in the event of this. If it is established your actions have caused us expenses or loss of sales/income an evidence to prove you at false established we will pursue you for such amounts.

Please contact customerservice@hostweblive.com.au if you have any queries