Website Hosting Terms and Conditions | Win a Plasma TV terms & Condition

Website Hosting Terms and Conditions

Purpose Marketing Group Pty Limited (ABN 43117142515)
t/a Purpose Hosting.  

Below are the standard terms and conditions for the use of the Purpose website hosting and other products and services offered from time to time by Purpose ("the Service"). By moving your service to Purpose you, the user of the Service ("Customer" or "you") state that you have read and agree to these terms and conditions.

1. The Purpose Ideal Small Business Hosting Package is designed to give you complete and easy Do-It-Yourself control over your hosting. Thus it is designed for self management.
2. The minimum total cost of the Ideal Small Business Hosting Package is $39.93 payable three months in advance at $119.85.   Yearly Payment option is $440. Upfront payment of each quarter is required and is non-refundable if you terminate the service before the end of the quarter.
3. Each quarter’s advance fee is due and payable on the first day of each quarter.  You will be invoiced and payment is due within 7 days to maintain service.
4. Cancellation of the hosting service, you must notify Purpose Hosting in writing via a company email or written notification with 30 days notice. This allows us to verify your details before cancellation. We cannot accept cancellation via phone.
5. Pricing of this Ideal Small Business Hosting package does not include domain name registration charges imposed by domain name registration authorities.
6. This hosting plan supports a number of different payment gateways, however, Purpose prefers and recommends either  eWay or Dialect. Please contact us if you wish to use an alternative payment gateway provider to confirm that it is supported on this hosting plan.
7. If the data transfer of your website exceeds the allocated amount of a huge 10GB per month, an additional fee of $0.078 per extra MB per month may be charged.
8. The server space that is included with the Ideal Small Business Hosting Plan of up to 1GB is the total of both your web site storage and the monthly average size of your mailboxes.
9. If in the event of your server space exceeding your 1GB limit, an additional fee of $0.097 per extra MB per month is charged. You can also requests a larger plan at a to be quoted cost.
10. POP mailboxes are provided as part of the Ideal Small Business Hosting Plan.
11. Purpose Hosting can support databases that run on Linux platform anduse either an SQL Add-On or MySQL Add-On and we reverse the right to apply additional charges.
12.  .NET code utilizes a restricted security level. This means your code will not operate with full trust rights.
13. If you use the .NET Framework (v3.5) and some customers may require a Microsoft® Access database, yet currently we do not support Windows server platform and web sites that require this. Purpose prefers and recommends the use of a either a Microsoft® SQL or MySQL database with .NET-enabled web sites, and customers may incur additional costs to acquire either an SQL Add-On or MySQL Add-On and additional charges will apply.
14. The agreement is for one quarter (3 months) for your hosting service, your account will be automatically rolled over for a further 3 months fixed period at the end of the term. You must give us notice (30 days) before the end of the term if you wish to cancel or alter your hosting service.
15. It remains your responsibility to ensure your contact details in the Hosting Control Panel are correct and updated at all times.  Purpose will rely on that contact information for communication with you, and thus we do not take any responsibility for any loss, damages or expenses you may incur in the situation that we are unable to contact you due to your details being out of date.
16. We reserve the right to vary these terms and conditions, the price we charge for our hosting service and the terms of the operation of the service, at any time by notice stated in the Control panel, or via email.   Where we change the prices for Services, we will give at least 30 days notice of such prices changes, and the new prices will apply at the commencement of following quarterly cycle.  If you use the hosting service after the advised change and after 30 days, it will be deemed as acceptance of the amended terms.
17. These terms constitute the agreement in its entirety and supersede any prior agreements.
18. We may from time to time offer promotions and special offers for limited time periods ("Promotions") and these Promotions will be subject to their terms and may be withdrawn or altered at Purpose's discretion. The terms of any special promotion will override these terms where they maybe any inconsistency.

Operation

19. You will be given a logon name and password thus giving you access to the DIY Control panel.  This is your tool to configure various features of your hosting service.
20. From time to time it is essential that we perform maintenance to servers. We will do all possible to undertake all maintenance at times which will have affect the fewest customers. If scheduled maintenance requires the service to be disrupted for more than 30 minutes we will alert you at lease 48 hours ahead of this time.
21. In the event that there is need for emergency maintenance, we will use do all reasonable to provide you with notice before interrupting the service.  
22. In your control panel there is a Instant backup system, with video tutorial support. It is recommended you regularly use this simple system to create and download regular backups of all your files. Purpose Hosting is not help responsible for any system failure, data corruption or loss as you are given quick and easy tools to maintain your data in-house. Therefore it is essential that you maintain a recent copy of your  files and data at all times. Purpose will not be liable for incomplete, out-of-date, corrupt or unusable Customer Data recovered from backups.
23. Purpose uses spam and virus filters which may necessitate the use third party equipment or services to monitor and filter email traffic. You agree that we will not be held liable for any damage or loss due to the operation of these filters. 
24. Purpose reserves the right, at its total discretion to move its operations and operational data centre/s.  Purpose may determine to migrate your service upon 14 days notice to you. And this will be conducted in such a manner as to minimise downtime.  You will have no claim for loss or damage against Purpose in such circumstances. Purpose does not take any responsibility for service failure if you have not checked the operation of your service post-migration and notified us in writing of any required changes to its configuration or set up
25. As a Customer you have no rights to the hardware and facilities used by Purpose to provide your hosting service.

Payment

26. You must pay for the hosting service at the prices published by Purpose and which may change from time to time. If you choose to pay upfront on a yearly basis, and do not pay your account within 30 days of being invoiced, you will not then be entitled to receive the yearly fee discount. 
27. You will be invoiced for each quarter in advance and all invoices are payable within 14 days.   If payment is not received, Purpose reserves the right to suspend your hosting, both website and email.
28. Even though up to 1GB is massive space, in the event you or any designated users incur traffic or storage charges and as a result of any use of your password (authorised or not) our will be charged for the usage as detailed above. All additional service charges are payable within 14 days of the date of invoice.
29. Purpose is striving to be mindful of the environment and as such minimizes paper usage, all invoices will be provided via email.
30. Stated prices are inclusive of GST any government taxes or charges unless otherwise stated, and exclusive of any registration or redelegation charges imposed by domain name suppliers.
31. If any further government taxes, duties and levies are imposed on either you or us in respect of the services you will be charged for these.
32. You must pay all amounts invoiced within 14 days, as no further credit is given to credit card accounts.  By registering your credit cart for payment of your account you give us authority to debit your credit card for all charges. Billing period is on a three monthly cycle beginning when you join as a member. For example, if you join or move to Purpose Hosting on the 17th, your ongoing invoices will be generated each three months from this anniversary date. 
33. By giving us authority to debit your credit card, you do this for all ongoing charges until you cancel this authority in writing.  It remains your responsibility to ensure that credit card details are correct and up to date in the control panel. 
34. Purpose may charge an account keeping fee of 10% per month if you do not allow the payment of your account by auto debit credit card.
35. No refunds will be given for unused portions of payments in advance unless the account has been terminated due to Purpose's breach of these terms and conditions.

Warranties and Indemnities

36. You declare that you have the authority to make this agreement and will indemnify Purpose for any breach of this agreement by the Customer.  When you enter this agreement you are not relying on any representations made by us which have not been outlined and stated in this agreement document, or on any descriptions written in any other document, such as any promotions or publicity material produced by us or on our behalf.
37. You will keep your own equipment to ensure that data uploaded or downloaded by you from the server if free of computer viruses and will not corrupt the data or systems of any other entity.
38. You will secure and keep protected any passwords used to access this service. Passwords provided to you at sign up are temporary and it is your responsibility to go to your control panel and update these. It is also recommended you regularly change these for security.
39. You hold and will continue to hold the copyrights and licenses for your customer data.
40. You indemnify Purpose against all liabilities, costs, loss and expenses that we may suffer (directly or indirectly) resulting from:

• your breach of these terms;
• your use or misuse of the service;
• the use or misuse of the service by any person using your account, whether authorized or not
• publication of offensive, defamatory, or unlawful material on any web site you host with Purpose.

41. You use of our hosting services involves processing or storage of  any credit cardholder data, you warrant that the tools, programs, processes and technologies you use comply with the Payment Card Industry Data Security Standard ("PCI Standard") which can be viewed at https://www.pcisecuritystandards.org.  Breach of this may cause immediate termination of this agreement, and without prejudice to any other rights it may have under this agreement or at law.

Purpose's Warranties and Liabilities

42. Purpose warranties we will provide the service with due care and skill ensuring it is reasonably fit for the purpose for which it was supplied; and we are required to do so by the Trade Practices Act.
43. Except where otherwise stated, we can not be held liable for indirect and consequential loss or damage, loss or data corruption, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial loss (including negligence), arising from or relating in any way to this agreement and/or its subject matter.  In any event, our total liability for loss or damage is limited in total fees paid by you for the service in the previous 12 month period.
44. We are unable to warrant that the services provided will be uninterrupted or error free, will meet your requirements outside of those stated in the agreement, or that service will be free from hackers, viruses, worms, or human malice.

Support

45. The Purpose Ideal Small Business Hosting Package has a powerful DIY Control Panel giving you unprecedented control adaptability, putting the ability for changes and additions into the hands of the customers.   It also has superior video how-to tutorials.   If you do then require support from a Purpose team member (or supplier), please go to the ‘support’ area of the website and send a Support Request which will be attended to asap.
46. Online support is offered as a customer service via the Support Request. Purpose offers a comprehensive DIY hosting service where you have full control over your web hosting, website and email, most issues relating to your Ideal Small Business Package can be handled through your own control panel or our online support service. Any advice or suggestions made by Purpose Support are made to our best knowledge and ability and with the good intention of assisting you with any issues. You accept Purpose Hosting is not held liable for any damage, problems, loss of data or income as a result.

Suspension of Service

47. From time to time it may be essential for Purpose to suspend the service or deny access, without prior advice, to repair any technical failure, perform modification or maintenance.  We will undertake all reasonable endeavours to provide service resumption as soon as reasonably practicable.
48. From time to time it may be essential for Purpose to suspend the service or deny access if you fail to comply with any provision in this agreement (including failure to pay charges due in a timely manner), or if your actions may cause any result that in our opinion may jeopardise the operation of the service.  The suspension will be in force until the breach is remedied.
49. In the case of such suspension under this clause you shall remain liable for all charges due throughout the suspension period. 
50. In the case your account has been suspended as a result of your breach, Purpose may use its discretion and consider the reactivation of your account. To then reactivate your account, you will be required to payment in full of all outstanding amounts; and pay of a reactivation fee. (charged at our discretion).
51. Purpose reserves the right to refuse services to a potential customer  (whether an individual or corporation) whose account has previously been suspended or terminated for breach.
52. Purpose may without notice remove or alter your data upon awareness of any claim or allegation, or of any court order, direction, or determination including that of an other competent body.
53. Purpose may without notice remove or alter your data that is deemed is illegal, defamatory, offensive or in breach of a third party's rights.
54. With a 30 day written notice to you, we may end our agreement of providing services (other than Services for a fixed contract period) for any reason.  
55. You may close your account with Purpose by providing 30 days notice in writing either fax or letter on company letterhead, or through the control panel.  An email may also be sent to support@purposehosting.com and quoting your access password
56. You will be required to pay service charges up to the date on the effective closure.
57. You must pay all outstanding fees immediately and we may delete all customer data from our systems.
58. If we have suspended your account for a breach we are not obliged to provide a copy of the customer data.  In the case we do provide such a copy we are entitled to charge a fee.

Money Back Guarantee

59. We guarantee your satisfaction, if you are not happy with the service provided with the Ideal Small Business Hosting Package, you may cancel within 14 days of commencement and we will refund you the hosting fees.

 Miscellaneous

60. You grant to Purpose permission to use and reproduce all customer data purely in order to fulfill its obligations under this agreement. In this agreement "customer data" applies to all information, data, text, logos, images, audio, movie clips and any other content that may form part of your websites or emails.
61.  No variations or waivers to this agreement may be made except in writing signed by the parties.
62. The agreement is governed by law of New South Wales.
63. Without prior written consent you are not entitled to resell the services nor assign your rights and obligations under this agreement.