Hosting Terms & Conditions

RAWNet Services (hereinafter referred to as “RAWNet”) is a Web Hosting and Web Management Service Provider that offers its services on a contract basis and its web hosting server on a lease basis. The standard Terms and Conditions of the provision of RAWNet’s services are detailed below.

The supply of RAWNet’s web hosting (hereinafter referred to as the “Services") and the Terms and Conditions outlined herein, apply to the End-User of the Services (hereinafter referred to as the "Client").

Those Terms and Conditions are intended to ensure that the Client knows its rights and obligations when contracting RAWNet’s Services. The Services provided by RAWNet are conditional upon the Client agreeing to the Terms and Conditions set forth below, which hereby form part of the Contract between RAWNet and the Client.

1. Definitions

In these Terms and Conditions, unless otherwise indicated:

1.1 Charges means the monies payable by the Client to RAWNet for the Services provided under this Agreement, as specified in RAWNet’s Web Hosting Services Agreement Order form and Appendices.

1.2 Confidential information means the confidential information of a party and includes: confidential information relating to the design methodology of the web site; information relating to the personnel, policies or business strategies of RAWNet; information relating to the terms upon which the web site has been developed or maintained pursuant to this Agreement.

1.3 Client means the End-User of Services provided by RAWNet.

1.4 Client specifications means the Client’s written requirements in relation to the Services requested as set out in RAWNet’s order form.

1.5 End-User means any person / company who has contracted RAWNet’s Services.

1.6 Hosting services means leasing the use of electronic data storage facilities in a shared environment on a computer that provides connectivity to the Internet.

1.7 Intellectual property rights means copyright, trade mark, design, patent, relevant to, inter alia:

• Textual, graphical, audio and other material displayed on the web site
• All software associated with the web site

1.8 Maintenance services means all services relevant to ensuring the website remains compatible with software generally used to access the Internet

1.9 Management services means updating the Client’s website content as requested by the Client at the quoted fees on page 1 of this Agreement.

1.10 Services means the hosting, maintenance and if selected by the Client, the content management of the website.

1.11 Third party material means textual, graphical, audio or like materials, together with any software, which is incorporated into the web site.

1.12 Web site means the location accessible on the Internet through the World Wide Web, which provides multimedia content via a graphical user interface.

2. Usage

2.1 RAWNet will provide the Client a secure user name and password, which will provide the Client access to its web site and email for management purposes.

2.2 RAWNet will advise the Client of correct operational procedures for usage of services by lodgement of support ticket request from within RAWNet Servs’ Online Billing & Support Interface.

2.3 Assignment and resale: Client may not assign or otherwise transfer its rights or obligations under this Agreement without RAWNet’s prior written consent, which will not be unreasonably withheld. Further, unless authorised by RAWNet in writing, Client may not resell the Services to third parties or allow third parties to use the Services to act as a seller of goods or services.

3. Hosting Services

RAWNet will provide the web services on a shared basis on RAWNet’s server, which is maintained by professional web hosting technicians.

For the purposes of this Agreement, RAWNet’s hosting services include the web site, data structures and algorithms, and other services as set forth and selected by the Client in the Agreement, as detailed on page 1 of this Agreement.

RAWNet’s dedicated server is located in a climate-controlled facility that provides connectivity to the Internet. The facility maintains fault tolerant operational mechanisms including: electrical power backup provided by uninterruptible power supplies, servers in round-the-clock operation all day every day, 24 hours a day, and an Internet connection.

NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, RAWNet and Client agree as follows:

3.1 Term of hosting services: Client agrees to a 3-month minimum hosting term subject to the Terms and Conditions set forth below. Unless terminated in accordance with the terms set forth herein, this Agreement shall automatically be renewed quarterly. Future terms will be in quarterly increments, payable in advance.

3.2 Reasonable Care: RAWNet shall use all reasonable efforts, skill and judgment, and devote such time as is reasonably necessary, to provide the hosting services. RAWNet also agrees to furnish the hosting services in a reasonably expeditious manner generally consistent with the interests of the Client and to use the degree of skill and diligence normally employed by professionals performing the same or similar services.

3.3 Scheduled Maintenance: RAWNet may perform scheduled maintenance to its server from time to time. RAWNet will perform scheduled maintenance between the non-peak period Sunday to Wednesday 12:00AM - 3:00AM AEST (+10:00). Clients shall be notified at least 48 hours in advance should any maintenance schedule fall outside these times.

3.4 Unscheduled Maintenance: Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, RAWNet will email Client directly with information after the maintenance has been completed. RAWNet takes no responsibility where the service becomes off line due to circumstances beyond its control. It is the Client's express responsibility to ensure that a third-party email address, not related to any service provided by RAWNet, be entered in the Online Billing & Support Interface to ensure that the Client can be made aware of any non-scheduled event.

3.5 Archiving of Data: RAWNet will back up Client’s data daily for the purposes of disaster recovery. In the event of equipment failure or data corruption, RAWNet will restore from the last known good archive. Due to the unpredictable nature of the back up and restoration process, the Client understands and agrees RAWNet will not be held responsible for any failure in back up or restoration of a back up. The Client is ultimately responsible for maintaining a current copy of the Client's website and should, if requested, be prepared to upload its data to our servers at any time.

3.6 Hosted content: The Client is solely responsible for maintaining product content, including text, graphics, audio, video, software, links, data and the like, (hereinafter referred to as “Content”), provided and/or installed by the Client on RAWNet’s web server.

The Client warrants and represents to its knowledge that such content:

• Does not infringe or violate the rights of any third party including, but not limited to, patents, copyrights, trademarks or other intellectual property rights;
• Is not defamatory, will not incite racial hatred, nor be considered by law to be obscene
• Does not violate any applicable law

3.7 Disclaimer of implied warranties: RAWNet shall make every reasonable effort to ensure that the hosting services are available and reliable on a 7 days a week / 24-hour basis, and perform the hosting services without interruption. RAWNet warrants that its hosting services include disaster recovery procedures, and that in the event of a partial or complete failure of any equipment or hosting operation over which RAWNet has control and which causes or may cause an interruption of any nature in the hosting services, that such procedures will be implemented with immediate effect in order to avoid or minimize the length of time of such interruption. RAWNet aims to ensure uptime of at least 99.95% over any 12 month period. 

RAWNet provides the hosting services strictly on an "AS IS" and "AS AVAILABLE" basis without any express or implied representations of performance, quality, or reliability. RAWNet DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAWNet EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR BE AVAILABLE AT ALL TIMES. In particular, RAWNet expressly advises all Clients that a shared hosting account is not a suitable product for web sites that require critical 24/7 high availability. RAWNet recommends speaking with our staff about hosting products that may include server clustering and/or fail-over technologies more suited for sites requiring high availability. 

4. Maintenance Services

4.1 All reasonable efforts will be made to provide prior notice of all upgrades by posting information on the RAWNet News web page as well as informing the Client via email.

5. Invoicing

5.1 The Client shall pay the charges at the rate and in the manner specified in any correctly issued RAWNet invoice. All fees are inclusive of any government taxes or charges as required by Australian taxation law.

5.2 The Client’s hosting fees are paid to cover the costs of hosting. Should the Client choose additional functionality or modules to add to the site, the Client must pay in advance for the modules as priced at the time requested. Additional services and modifications will be charged at standard service rates and be pro-rata'ed where reasonable to do so.

5.3 RAWNet products and/or services become chargeable from the date that said products and/or services requested by the Client are first set up by RAWNet and become available. The availability of any product and/or service shall be notified to the Client by the issuing of an email containing all details necessary to access the service and/or product on the date the hosting services are set up. Such notice shall be delivered to the email address supplied by the Client at the time said products and/or services are requested. Failure to use the requested products and/or services after notification of their availability is not sufficient grounds for non-payment of RAWNet's invoices.

5.4 Client agrees that the account balance found on any invoice issued by RAWNet will be paid by the due date printed on said invoice. Client understands that an incorrectly issued invoice may occur from time-to-time and agrees that this, by itself, is not sufficient grounds to delay payment. Where an incorrect invoice has issued, Client is responsible to immediately notify RAWNet of the discrepancy, and understands that all line items not in dispute shall remain due and payable as per the invoice. Once notified, RAWNet shall issue a corrected invoice no less than 48 hours before the due date to allow the Client sufficient time to make their payment. Should RAWNet fail to issue a corrected invoice no less than 48 hours before the due date, the Client may make payment within 48 hours of the issue date found on the corrected invoice. Client understands and accepts that RAWNet's billing systems are automated, and that the suspension of products and/or services may result if these Terms and Conditions are not met. A Late Payment Fee of $20+GST may also be charged to the Client where due amounts are paid after the due date to cover any recovery action at RAWNet's sole discretion.

5.5 Unless negotiated otherwise, our standard billing period is on a quarterly (3 Calendar Month) cycle beginning either on the first day of January, April, July or October, excluding the first invoice that will additionally include the pro-rata'ed portion of the quarter in which the account is first made available.

5.6 Hosting services prices are subject to change and can be viewed online at any time on the Packages link on our web site.

6. Intellectual Property Rights

6.1 Intellectual property rights and title in the web site content shall rest entirely with the Client.

6.2 The Client is solely responsible for providing web content, as well as providing text, graphics, audio, video, software, links, data and the like (“Content”).

6.3 The Client is solely responsible for ensuring that the web content it provides to RAWNet is not plagiarised or copyrighted by another party.

7. Warranties and Liabilities

7.1 RAWNet does not warrant that:

• The Services provided under this Agreement will be uninterrupted or error free; or
• The Services will meet Client’s requirements, other than as expressly set out in this Agreement

7.2 RAWNet shall be under no liability to the Client in respect of any loss or damage (including consequential loss or damage), which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on the part of RAWNet to comply with its obligations under this Agreement.

7.3 The Client warrants that:

• At the time of entering into this Agreement, Client is not relying on any representation made by RAWNet, which has not been stated expressly in this Agreement, or on any description, illustration or specification contained in any other document, including any catalogue or publicity material produced by RAWNet
• The Client will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by the Client onto RAWNet’s server or downloaded by the Client from RAWNet’s server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;
• Client will keep secure any passwords used to upload data to RAWNet’s server

7.4 The Client shall at all times indemnify and hold harmless RAWNet, subcontractors, and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

• A breach by the Client of its obligations under this Agreement; or
• Any wilful, unlawful or negligent act or omission of the Client

7.5 The Client accepts responsibility for all information and material issued over any service, and indemnifies RAWNet and holds RAWNet harmless against any liability in relation thereto. In particular, the Client undertakes that it shall not publish or issue any illegal information. Client also acknowledges that RAWNet does not vet or approve any information or material available through the Services and that RAWNet does not accept any liability. To the full extent permitted by the applicable law, the Client accesses and uses such information and material at its own risk.

7.6 The Client is solely responsible for dealing with persons who access the Client data, and must not refer complaints or enquiries in relation to such data to RAWNet.

8. Suspension of services

8.1 RAWNet may from time to time, without notice, suspend the Services or disconnect or deny Client’s access to the Services:

• During any technical failure, modification or maintenance involved in the Services provided that RAWNet will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
• If the Client fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in RAWNet's opinion may have the effect of jeopardising the operation of the Services. Notwithstanding any suspension of any Services under this clause, the Client shall remain liable for all charges due throughout the period of suspension.

9. Termination

9.1 Without limiting the generality of any other clause in this Agreement, RAWNet may terminate this Agreement immediately by notice in writing if:

• The Client is in breach of any term of this Agreement and such breach is not remedied within thirty (30) days of notice from RAWNet
• The Client becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration
• The Client ceases or threatens to cease conducting its business in a normal manner

9.2 If notice is given to the Client pursuant to subclause 1, RAWNet may, in addition to terminating the Agreement:

• Repossess any of its property in the possession, custody or control of the Client
• Retain any monies paid
• Charge a reasonable amount for work performed in respect of which work no fees have previously been charged
• Be regarded as discharged from any further obligations under this Agreement
• Pursue any additional or alternative remedies provided by law

9.3 Should client choose to terminate their hosting account, a minimum 30 days written notice should be provided to RAWNet Servs by email or by post to PO Box 164, Logan Central QLD 4114. Any claims for return of unused fees shall be considered at RAWNet Servs sole discretion.

10. Governing law

10.1 This Agreement shall be governed by and construed according to the law of the State of New South Wales, Australia.

10.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales and Australia and any court hearing appeals from such courts.

11. Entire agreement

11.1 These Terms and Conditions constitute the entire agreement between the parties for the subject matter referred to in this Agreement. Any prior arrangements, agreements, representations or undertakings are superseded.

11.2 This Agreement is not to be construed as creating a joint venture, partnership or agency situation between the parties and neither party may represent such. Under no circumstances may any party obligate or bind the other party to any agreements, arrangements, contracts or understanding or represent that they have such authority.

12. Interpretation

12.1 In the interpretation of these Terms and Conditions unless the context otherwise requires:

• Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities
• Words denoting the singular number shall include the plural number and vice versa
• Words denoting any gender shall include all other genders
• A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same
• Money references not clearly defined are references to Australian currency

13. Confidentiality and miscellaneous

13.1 The Client grants to RAWNet a license to use and reproduce all Client data in order to fulfil its obligations under this Agreement.

13.2 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.

13.3 Each party may disclose to the other party certain confidential information in performance of this Agreement. Confidential information includes any information which is designated as such in writing or when disclosed orally and thereafter confirmed in writing as confidential information, within 30 days following such disclosure. Neither party shall disclose confidential information received from the other party to any third party or shall it use such confidential information except in performance of this Agreement. Upon the request of the disclosing party, the receiving party shall return any material received containing confidential information to disclosing party, and all copies thereof. Each party shall use the same care to prevent disclosure of confidential information of the other party, which it uses to safeguard its own confidential information, but in no event less than a reasonable degree of care. Confidential information shall be covered hereby for three years following its initial disclosure.

The confidentiality obligations set forth herein shall not apply to confidential information which:

• Is in the public domain at the time its disclosure
• Enters the public domain other than by breach of this Agreement
• Is independently developed by the receiving party
• Is known at the time of its disclosure to the other party

13.4 Force majeure: If the performance of any obligation by a party is interfered with by reason of any circumstances beyond the reasonable control of that party, then the party shall be excused from its obligations to perform under this Agreement to the extent necessary, provided that the party has used and continues to use reasonably diligent efforts to remove such causes of non-performance.