HOSTING TERMS

Please read the following terms, conditions, notices and disclaimers (Hosting Terms) relating to the web hosting services (Hosting Services) provided by Be IT Safe Pty Ltd A.C.N.167 402 799 (we, us, our or Be IT Safe).

These Hosting Terms apply to all web hosting provided by Be IT Safe. Your decision to purchase the Hosting Services means you acknowledge that you have read, understood and agree to be bound by these Hosting Terms. Your access to the Hosting Services is conditional upon your acceptance and ongoing compliance with these Hosting Terms.

We may at any time and at our sole discretion, amend, revise or modify these Hosting Terms. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Hosting Terms. You agree to be bound by such changes, modification or revisions as made by us from time to time.

Hosting Packages

Our Hosting Services are displayed on the www.beitsafe.com website (the Website) and may be provided to you directly. Be IT Safe endeavours to accurately describe the Hosting Services at all times, including description, specification of bandwidth limits, disk space and other related specifications of the Hosting Services. However, slight variations in our Hosting Packages may occur, due to circumstances beyond our control affecting our ability or capacity to provide the Hosting Services.

To the fullest extent permitted by applicable laws, Be IT Safe does not warrant that our service descriptions are accurate, complete, reliable, current or free of error. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice to you (including after you have submitted your request, or signed up, for the Hosting Services).

All prices indicated to you by Be IT Safe for the Hosting Services and SSL Certificates are inclusive of GST. All prices are subject to change in the absolute discretion of Be IT Safe.

Signing Up

When you register for the Hosting Services, you agree to accept and be bound by the Hosting Terms.

We may elect to accept or reject your application to register for the Hosting Services for any reason and at our sole discretion.

Confirmation of Purchased Hosting Services

After signing up for the Hosting Services, Be IT Safe will send you an email confirming our receipt of your request, along with our initial invoice for the Hosting Services. Be IT Safe is only bound to provide the Hosting Services to you if we have accepted your request and received cleared funds as payment. Once your request has been accepted and payment for the Hosting Services has been received, we will send you an email with confirmation.

Payment

In accordance with your selected Hosting Package, you agree to provide monthly or annual payments for the Hosting Services. All payments are to be made in advance and must be made by credit card or any other payment method agreed by Be IT Safe from time to time. Payments are received when the funds for payment are cleared.

Failure to pay an invoice by 14 days after the invoice due date may result in suspension of the Hosting Services. The Hosting Services may be reinstated, subject to our receipt of $25 in cleared funds, being a reinstatement fee. Your Hosting Package will be cancelled if you fail to pay an invoice within 30 of the due date. Should this occur, all data relating to your Hosting Package will be deleted after 45 days of the invoice date, including backup data.

If you have selected the Monthly package, the below Monthly section applies. Alternatively, if you have selected the Annual Package, the below Annual section applies.

Monthly

Unless otherwise agreed in writing by Be IT Safe and you, the initial term of our provision of the Hosting Services is one (1) month from the date we receive the initial payment from you for the Hosting Services (Term of Agreement). You will be sent an invoice (the invoice) 14 days prior to the end of the initial Term of Agreement with the option to cancel your Hosting Package when the Term of Agreement ends.

Subject to written agreement between Be IT Safe and you, if you wish to cancel these Hosting Terms for the following month, you must do so within five (5) business days of the date that the invoice is issued.

Any subsequent renewal of the Hosting Package will be made in accordance with these Hosting Terms.

Annual

Unless otherwise agreed in writing by Be IT Safe and you, the initial term for our provision of the Hosting Services is 12 months from the date we receive the initial payment from you for the Hosting Services (Term of Agreement). You will be sent an invoice 30 days prior to the end of the initial Term of Agreement with the option to renew your Hosting Package when the Term of Agreement ends. Any subsequent renewal of the Hosting Package will be made in accordance with these Hosting Terms.

Termination

Unless otherwise stated in a written agreement between Be IT Safe and you, our provision of the Hosting Services may be terminated by:

  • you, at any time upon giving us at least 30 days’ notice; or
  • Be IT Safe, if you have committed any material breach of these Hosting Terms, and in the case of a breach capable of being remedied, has failed to remedy the breach within seven (7) days after the receipt of a written request from Be IT Safe; or
  • Be IT Safe, if you fail to make any payment due and such payment remains unpaid for 30 days after a due date.

If you terminate the Hosting Services within the Term of Agreement, you will not be entitled to a pro rata refund for any lump sum payment that you have made with respect to the initial term.

Effect of termination

Upon termination of these Hosting Terms, Be IT Safe will immediately stop providing you with the Hosting Services.

Compliance with the Law

In using the Hosting Services, you must abide by all applicable Local, State, Federal and International laws. Be IT Safe does not permit pornographic materials of any form, nor do we permit any illegal, discriminatory, or hate materials to be hosted on our servers. Any violation of this provision may result in the immediate termination of the Hosting Services to you, without notice to you.

Security

In the case that any harmful or malicious material is uploaded to a server owned by, or under the control of, Be IT Safe, including viruses and malware, or that any hacking occurs as a result of uploaded material, Be IT Safe reserves the right to unilaterally terminate this Agreement with immediate effect and without notice to you.

Client Content, Backups and Data Loss

Be IT Safe performs backups of client content daily and makes every effort to ensure that these backups are valid.

Be IT Safe assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted by us. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Be IT Safe and any such contract will be subject to additional charges.

Be IT Safe assumes no liability for lost content in the event that a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from our most recent backups.

It is your sole responsibility to ensure that you at all times maintain your own backup copies of any materials placed on our servers, or of any database maintained on any server operated by Be IT Safe.

Be IT Safe will not, at any time, be liable for any content that you may lose as a consequence of using the Hosting Services.

Your Responsibilities

  1. You will at all times keep your password and log-in details secure;
  2. You will manage how and when your account with Be IT Safe will be used and will be responsible for the actions of any people you allow to access, or transmit information through the systems of Be IT Safe;
  3. You will be solely responsible for any of the content which is uploaded to the servers of Be IT Safe through your account, and will indemnify Be IT Safe for any loss incurred whatsoever as a result of this content being uploaded; and
  4. All information that you have provided to Be IT Safe is true and correct.

Warranties

Be IT Safe warrants that the Hosting Services will be operational for 99.9% of the Term of Agreement, except when we have agreed with you that there will be a scheduled outage of Hosting Services for maintenance of other purposes.

Be IT Safe warrants that the Performance Indicators will be met. If the Performance Indicators are not met, an amount determined in the sole discretion of Be IT Safe to be proportionate to its failure to meet the relevant Performance Indicator, will be applied to your account.

Performance Indicators

Be IT Safe will endeavor to meet desirable levels in the following Performance Indicators:

  1. Less than 60% CPU usage on servers to maintain site performance;
  2. CDN services maintained;
  3. Regular server security and maintenance resulting in passing annual pen testing and no breach of security;
  4. SSL Certificates maintained and kept current; and
  5. Uptime monitoring at maximum 5 minute intervals.

Disclaimer

Be IT Safe will make all reasonable efforts to provide the Hosting Services to you and without interruption and to meet the Performance Indicators, as set out above. However, we cannot warrant that you will receive continual and uninterrupted Hosting Services during the Term of Agreement, nor will it meet the Performance Indicators. In no event shall Be IT Safe be liable for damages resulting from, or in relation to:

  • any failure or delay of Be IT Safe to provide the Hosting Services to you, if such delays or failures are due to circumstances beyond our control; or
  • any failure to meet the Performance Indicators described above.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Hosting Terms, is limited, at our option, to one or more of the following:

  • the resupply of the Hosting Services; or
  • the payment of the cost of having the Hosting Services resupplied.

Indemnity

To the fullest extent permitted by applicable laws, you agree to indemnify Be IT Safe from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to your use of the Hosting Services.

Severability

Should any part of these Hosting Terms be or become invalid, that part shall be severed from the remainder of the Hosting Terms and such invalidity shall not affect the validity of the remaining provisions.

Privacy and Spam

By agreeing to and accepting these Hosting Terms, you also agree to the terms of our Privacy Statement.

Applicable Law

These Hosting Terms are governed by and construed in accordance with the laws of the State of Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and the Courts of Appeal for determining any dispute concerning these Hosting Terms. To download a PDF version of these Hosting Terms, click here

Hosting Terms last updated on 6 October 2015.