| 1.1 |
The
term "CatchIT" refers to Catch Internet Services. The
"Client" is any person nominated by the applicant as listed on
the "Application Form". The "Service" or
"Services" is the service provided by Catch Internet Services as
requested on the Application Form. |
| 1.2 |
This
agreement commences on the date listed on the Application Form. |
| 2.1 |
CatchIT
will assign the Client a login and password which will allow the Client
access to the Server(s) for the purpose of uploading Client Data. |
| 2.2 |
The
Client must pay to CatchIT the fees for the requested service in advance.
The fees are specified at http://www.catchit.com.au/pricing.html.
All transactions are processed in Australian dollars and as such you are
likely to be charged slightly less than the advertised US rate, you agree
however that any accidental overcharges will be credited to your account
or refunded at your discretion. |
| 2.3 |
CatchIT
may at its discretion terminate this agreement if the fees specified in
paragraph 2.2 are not paid within the time specified. In
the event of termination a AUD $50 reactivation fee will apply. |
| 2.4 |
Unscheduled
maintenance may need to be performed due to data corruption or equipment
failure. |
| 2.5 |
In
the event of data corruption or equipment failure, the Client should be
prepared to upload their Client Data to their Web-Site. This process
requires that the Client maintains a recent copy of their data at their
premises at all times. |
| 3.1 |
CatchIT
does not warrant that the Services provided under this agreement will be
uninterrupted or error free. |
| 3.2 |
CatchIT
does not warrant that the Services provided under this agreement will meet
the Client's requirements, other than expressly set out in this agreement. |
| 3.3 |
The
Client warrants that at the time of entering into this agreement it is not
relying on any representation made by CatchIT which has not been stated
expressly in this agreement, or on any descriptions or specifications
contained in any other document, including and catalogues or publicity
material produced by CatchIT. |
| 3.4 |
The
Client warrants that it will conduct such tests and computer virus
scanning as may be necessary to ensure that data uploaded by it onto or
downloaded by it from the server does not contain and computer virus and
will not, in any way, corrupt the data or systems of any person. |
| 3.5 |
The
Client warrants that it will keep secure any passwords used to upload data
to the Server. |
| 3.6 |
The
Client warrants that all data uploaded onto the Server under this
agreement will not expose CatchIT to the risk of any claim, legal or
administrative action or prosecution. |
| 3.7 |
CatchIT
reserves the right (but is under no obligation) to "remove from
Internet Access" any part of the Client Data that, in CatchIT's
opinion, infringes any of the warranties set out in this agreement. |
| 3.8 |
CatchIT
has no obligation to review or edit content of the Client Data. |
| 3.9 |
The
Client is solely responsible for dealing with persons who access the
Client Data, and must not refer complaints or inquiries in relation to the
Client Data to CatchIT. |
| 3.10 |
If
there is any claim against CatchIT due to a breach of the Client's
warranties, or otherwise attributable to the Client Data, the Client must
indemnify and hold CatchIT harmless against all liabilities, losses,
damages, costs and expenses (including legal fees and expenses) associated
with, or arising out of, the claim. |
| 3.11 |
The
Client warrants that use of the service and submission of an Application
Form is taken as acceptance of this agreement. |
| 3.12 |
The
Client warrants that it is responsible for any loss or damage howsoever
caused to the Client's equipment or data as a result of using the Service. |
| 3.13 |
The
Client warrants that it is responsible for any data transmitted by it
over, through or via CatchIT's equipment and agrees not to transmit any
data or do any such things that contravene a law, prohibition or act of
parliament. |
| 3.14 |
The
Client acknowledges that the Service is not fault free and that they may
experience interruptions and access difficulties from time to time. |
| 3.15 |
CatchIT
restricts the size of maximum allowable e-mail to 2MB in total. E-mails
larger than 2MB will be rejected. |
| 3.16 |
Any
cost incurred by CatchIT as a result of any unauthorised user, misuse or
abuse of the Service will be charged to the Client and added to the
charges otherwise payable. |
| 3.17 |
The
Client warrants that access to the Service is via the Internet. The
provision of access to the Internet for access to the Service is solely
the responsibility of the Client. |
| 3.18 |
The
use of the Service is at the Client's sole risk and is entirely the
Client's responsibility. |
| 3.19 |
The
Client warrants that it will not upload to the Server or publish on its
Web-Site any material that provides instructional information about
illegal activities, promoting physical harm or injury against any group or
individual, or material that exploits images of children under 18 years of
age. |
| 3.20 |
The
Client warrants that CatchIT will not be responsible for the loss of the
Client's data, including but not limited to e-mail messages and web-site
images and code, due to the disclosure and misuse of login(s) and
password(s), or breaches of the security of the Service by other means. |
| 4.1 |
Either
party may terminate this agreement by 14 days notice in writing (email) to the other party. |
| 4.2 |
CatchIT
is under no obligation to provide a refund to the Client in the event of
this agreement being terminated by the Client or as a result of the Client
breaching this agreement. Any
refunds issued will be at the sole discretion of CatchIT and will be
subject to a $20 refund fee. |
| 4.3 |
On
termination or expiry of this agreement for any reason, CatchIT may delete
all Client Data from any storage medium. |
| 4.4 |
Notwithstanding
anything contained herein, CatchIT may terminate the provision of the
Service without notice if the Client breaches any of these terms and
conditions. |
| 4.5 |
CatchIT
at its sole discretion, reserves the right to temporarily suspend the
Service for any reason. |
| 4.6 |
CatchIT
shall not be liable by reason of the failure in the performance of
obligations under these terms and conditions by reason of strikes, riots,
fire, explosions, terrorist actions, Acts of God, War, governmental action, or any other
cause which is beyond the reasonable control of CatchIT. |
| 5.1 |
The
Client grants to CatchIT a license to use and reproduce all Client Data in
order to fulfill its obligations under this agreement. |
| 5.2 |
A
provision of, or a right created under this agreement, may not be waived
except in writing signed by the party granting the waiver, or varied
except in writing signed by the parties. |
| 5.3 |
This
agreement and the transactions contemplated by this agreement are governed
by the laws in force in the State of Victoria and each party hereto
irrevocably submits to the exclusive jurisdiction of the Courts of that
State. |
| 5.4 |
The
Client may not assign its rights or obligations under this agreement
without the prior written consent of CatchIT.
E. & O.E. |