R&D Robotics provides World Wide Web page hosting. R&D Robotics reserves the right to suspend or cancel a customer's access to any or all services provided by R&D Robotics when R&D Robotics decides that the account has been inappropriately used or otherwise.
SERVER USE
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
R&D Robotics reserves the right to refuse service and /or access to its servers to anyone.
R&D Robotics do not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of R&D Robotics.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
UNLIMITED USE POLICY
High bandwidth usage. R&D Robotics offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, R&D Robotics may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, R&D Robotics reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
R&D Robotics may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available R&D Robotics reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although R&D Robotics reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
In situations where the card number on file is declined R&D Robotics will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, R&D Robotics reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
All payment is in Australian Dollars.
PAYMENT OPTIONS In order to streamline our accounting procedures and keep costs down R&D Robotics runs a limited number of payment options.
Credit / Debit Cards:
R&D Robotics accepts Mastercard, Visa.
Cheque Payment:
This option is only available to customers who pay annually for their R&D Robotics account. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. R&D Robotics cannot guarantee that a service will be provided until after any received cheques have been cleared.
CANCELLATION AND REFUNDS
R&D Robotics reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes R&D Robotics' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by R&D Robotics. In addition some accounts incur set-up fees, these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold R&D Robotics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against R&D Robotics, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless R&D Robotics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with R&D Robotics' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from R&D Robotics' server.
DISCLAIMER
R&D Robotics will not be responsible for any damages your business may suffer. R&D Robotics makes no warranties of any kind, expressed or implied for services we provide. R&D Robotics disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by R&D Robotics and its employees. R&D Robotics reserves the right to revise its policies at any time.
All Users of services provided by R&D Robotics Pty Ltd, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Spamming, or the sending of unsolicited email, from a R&D Robotics Pty Ltd server or using an email address that is maintained on a R&D Robotics Pty Ltd machine is STRICTLY PROHIBITED.
The following constitute the Terms and Conditions under which R&D Robotics Pty Ltd trades and supplies its services and related products.
These conditions, in conjunction with the details as shown on the R&D Robotics Pty Ltd Order Form (where completed) represent the totality of the
agreement and form the Contract between R&D Robotics Pty Ltd and the User.
Any agreed variation or alteration to part of these Terms and Conditions as
annexed to this Contract will not invalidate the remainder or the whole.
Any alteration or addition to the supplies instructed on the order will
require to be the subject of a new order. R&D Robotics Pty Ltd is
entitled to suspend services if the User does not adhere to any or several
conditions of this Contract.
2. DOMAIN NAME REGISTRATION
2.1 We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your risk;
2.2 The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; you shall
ensure that you are aware of those terms and conditions and that you comply
with them. You shall have no right to bring any claim against us in respect
of refusal to register a domain name or cancellation of the domain name by
the relevant naming authority. Any administration charge paid by you to us
shall be non-refundable notwithstanding refusal by the naming authority to
register your desired name;
2.3 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we shall
be entitled, at our discretion and without giving any reason, to withhold,
suspend or cancel the domain name. We shall also be entitled to make
representations to the relevant naming authority but will not be obliged to
take part in any such dispute;
2.4 We give no warranty that your domain name is or will continue to be
available for your use or that no domain name is or will be registered
which conflicts with your domain name or which otherwise affects your use
of your domain name;
2.5 We shall not release any domain name to another provider unless full
payment for that domain name has been received by us;
2.6 If payment is not received for any domain name RDR P/L may delete or
retain the domain for further sale;
3. VIRTUAL SERVER HOSTING and EMAIL
3.1. We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server;
3.2. You shall effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server;
3.3 You represent, undertake and warrant to us that you will use the
Virtual Server allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that;
3.3.1 you will not use the Virtual Server in any manner which infringes any
law or regulation or which infringes the rights of any third party, nor
will you authorise or permit any other person to do so;
3.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of any
person which may subsist under the laws of any jurisdiction;
3.3 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorised use of your account or
breach of security, including loss, theft or unauthorised disclosure of
your password or other security information;
3.4 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Virtual Server which is detrimental
to our other customers;
3.5 You shall procure that all email is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner;
3.6 In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years;
3.7 Any access to other networks connected to RDR P/L must comply with the
rules appropriate for those other networks;
3.8 While we will use every reasonable endeavour to ensure the integrity
and security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email;
5. RDR P/L SERVICE
5.2 Requests relating to the provision of Service are, unless otherwise
agreed to be made or confirmed in writing or by electronic mail;
5.3 RDR P/L will use all reasonable endeavours to adhere to any dates proposed
by either RDR P/L or you for the provision of Service, however any such date
is to be treated as an estimate only and RDR P/L accepts no liability for
failure to meet such dates;
5.4 RDR P/L will use all reasonable endeavours to provide a reliable Service,
however it is not practicable to provide such a Service free of faults and
RDR P/L does not undertake to do so. In the event of a fault in Service, you
must report the fault by telephone telefax or electronic mail to RDR P/L's
Technical Support at the appropriate numbers or addresses or other such
numbers or addresses that RDR P/L may from time to time provide. Upon receipt
of the fault report, RDR P/L will take all proper steps
without undue delay to correct the fault. RDR P/L shall not, in any event, be
liable for interruptions of Service or down-time of a Server;
5.5 RDR P/L may:
- temporarily suspend for the purpose of repair, maintenance or
improvement, part or all of RDR P/L's service, generally without notice.
RDR P/L undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,
- give or update instructions regarding the use of the Service which in
RDR P/L's reasonable opinion is necessary in the interests of safety, or to
maintain or improve the quality of Service to RDR P/L's customers and any such
instructions shall whilst they are in force, be deemed to form part of this
Contract,
- vary the technical specification of
Service for operational reasons.
6. COMMENCEMENT and MINIMUM PERIOD OF SERVICE
The Service shall be for a minimum period as specified on the Order Form
(where completed). The Service, unless otherwise agreed on the Order Form
(where completed), shall be provided for a minimum period of twelve months.
The minimum period shall commence upon connection. Connection shall be
deemed to be effected when the link is first live to the your Site or other
such point as requested by you, to the RDR P/L network;
7. BANDWIDTH UTILISATION
If the bandwidth or speed of Service used by you exceeds agreed quotas in a
one month minimum period an excess charge will be payable by you at current
published prices.
8. CONTENT and MISUSE
8.1 You will use all reasonable endeavours to ensure that the RDR P/L Service
is used or includes content that conforms to the laws of the this country
and will not knowingly permit any illegal use or such use that will bring
RDR P/L into disrepute;
8.2 You must not, nor must any other person, use the Service: to send or
receive any material which is offensive, abusive, indecent, obscene,
pornographic or menacing; or in breach of confidence, copyright, privacy or
any other rights; to cause annoyance, inconvenience or needless anxiety; or
in breach of any provisions as contained within clauses 3 and 4 of this
Contract; or other than in conformance with the acceptable use policies of
any connected networks and the Internet standards;
8.3 RDR P/L may discontinue Service immediately if the User is found to have
permitted such illegal or disreputable use. If RDR P/L suspends service for
contravention of the above conditions of this clause, RDR P/L can refuse to restore Service until it
receives an acceptable assurance from the User that there will be no
further contravention;
10. DEFAULT
10.1 If you:
do not pay the charges in accordance with the provisions of
this Contract, or break this Contract in any other way; or are subject to
bankruptcy or insolvency proceedings;
RDR P/L can (without prejudicing, losing or reducing any other right or
remedy) suspend service, including partially, temporarily without notice,
albeit the User remains liable to pay rental during the suspension, or
terminate this Contract by immediate notice, without prejudice to RDR P/L's
pre-existing rights;
10.2 Bankruptcy or insolvency proceeding
means bankruptcy proceedings, becoming insolvent, making any
composition or arrangement with creditors or an assignment for their
benefit, any execution, distress, diligence or seizure: or if the User is a
company, being the subject of proceedings for the appointment of an
administrator, going into liquidation whether voluntary or compulsory
(except for the purpose of amalgamation or reconstruction) or having a
receiver or administrative receiver of any assets appointed;
10.3 You continue to be liable to pay all charges which are due for Service
during any period in which you do not comply with this Contract;
10.4 On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Virtual Server and to remove
all data located on it. We shall be entitled to delete all such data but we
may, at our discretion, hold such data for such period as we may decide to
allow you to collect it at your expense, subject to payment in full of any
amounts withstanding and payable to us. We shall further be entitled to
post such notice in respect of the non-availability of your Virtual Server
as we think fit;
10.6 If RDR P/L waives a breach of Contract by you, that waiver is limited to
the particular breach. Any delay by RDR P/L in acting upon a breach is not to
be regarded in itself as a waiver.
11. TERMINATION OF SERVICE
11.1 This Contract may be terminated by either party on giving at least 30
days notice to the other expiring on the last day of the minimum Contract
term or at any time thereafter. If RDR P/L gives notice you shall pay all
charges up to the expiry of the notice. If you give notice, you shall pay
all charges until 30 days after the date RDR P/L receives the notice or until
expiry of the notice, whichever is the latter. Your notice does not avoid
any other liability for Service already provided.
11.2 RDR P/L reserves the right during the minimum Contract term to terminate
this Contract by giving to you not less than 30 days prior written notice
of termination.
12. NOTICES
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or the Order Form or such other address as such
party may from time to time have communicated to the other in writing, and
if sent by email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report, or if sent by
recorded delivery shall be deemed to be served two days following the date
of posting;
13. MATTERS BEYOND RDR P/L'S REASONABLE CONTROL
RDR P/L is not liable for any breach of this Contract or liable for any delay
or failure in performance of any part of these conditions and its
commitments when caused as a result of Force Majeur, war, civil disorder,
industrial disputes, inclement weather, acts of local or central government
or other competent authorities, and failure by other service providers.
14. LIABILITY
14.1 You acknowledge that RDR P/L has no control over the information
transmitted via the Service and that RDR P/L does not examine the use to which
you put the service or the nature of the information you are sending or
receiving. RDR P/L hereby excludes all liability of any kind for the
transmission or reception of information of whatever nature;
14.2 RDR P/L undertakes no liability whatsoever for the acts or omissions of
other providers of telecommunication service or for faults in or failures
of their apparatus;
14.3 RDR P/L is not in any way liable in Contract or otherwise for loss
whether direct or indirect of business, revenue or profits, anticipated
savings or wasted expenditure, corruption or destruction of data or for any
indirect or consequential loss whatsoever.
14.4 RDR P/L makes no warranty as regards to its services or equipment and
will not be responsible for any damage allegedly suffered or claimed by you
for any reason including but not limited to loss of data, wrong or non
deliveries and service interruptions.
14.5 All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these terms
and conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby
excluded, subject always to subclause 14.6;
14.6 Nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence;
14.7 Our total aggregate liability to you for any claim in Contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of
the Services which are the subject of any such claim;
14.8 In any event no claim shall be brought unless you have notified us of
the claim within one year of it arising;
15. INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from
and against any breach by you of these terms of business and any claim
brought against us by a third party resulting from the provision of
Services by us to you and your use of the Services and the Server
including, without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs and
expenses), howsoever suffered or incurred by us in consequences of your
breach or non-observance of this Agreement;
16. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights
through the Services, including without limitation, clearance and/or
consents in respect of your proposed domain name;
17. ASSIGNMENT
You may assign all or part of this Contract to any other party only with
the prior written agreement of RDR P/L. RDR P/L reserves the right to assign all
or part of this Contract at any time to any subsidiary or associate company
of RDR P/L.
18. LAW
This Agreement shall be governed by and construed in accordance with
English law and you hereby submit to the non-exclusive jurisdiction of the
English courts.
19. HEADINGS
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
20. ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to such
matters. No oral explanation or oral information given by any party shall
alter the interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any representation other
than those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has
not been made expressly in this Agreement.
