1. Website Hosting
1.1 Hosting Server Access
(a) Access is provided to client websites using the following methods:
(i) Static site – FTP
(ii) Content Management System – Web site
1.2 Acceptable Usage
(a) The customer may not offer for download or viewing, either publicly or privately, any of the following types of content through any service:
(i) nudity, pornography, anything of a sexual, lewd, or obscene nature;
(ii) violations of any copyright or any other right of any third party;
(iii) threatening, abusive, harassing, defamatory statements;
(iv) promotion of illegal activities (hacking, cracking, etc);
(v) information or software containing or about any kind of virus;
(vi) hate speech or hate propaganda;
(vii) the collection of personal information for illegal purposes;
(viii) content deemed by us at our sole discretion to be harmful to us;
(b) The customer may not use, or permit use of any service for network abuse: the bulk sending of any kind of unsolicited network traffic, including but not limited to email, ICQ/AIM/MSN messages or newsgroup postings.
(c) The customer may not use any service for the hosting or promotion of any software or services designed for network abuse.
(d) The customer is entirely responsible for any activity conducted on any service, and must take steps to ensure that anyone to whom access is granted will not breach this AUP in turn.
(e) The customer agrees by subscribing to a service, that the customer will fully indemnify us against any reasonable and fully mitigated claims for loss or damage by any third party in respect of activities conducted on any service under the customer's control.
(f) The customer acknowledges that their use of their hosting service may affect other users, and agrees to terminate, at Microsolvees request, any activities which we deem to be degrading to the service that Microsolve provides its other customers. (This will not include reasonable use, within the conditions of your particular service, but covers things such as 'run-away processes')
1.3 Support Services
(a) Microsolve monitor and support our web servers as a “whole system” on a 24x7 basis. Support services for individual websites are made available to clients between 9am and 5pm on gazetted NSW Business Days.
(b) Microsolve are not responsible for the supply, configuration, rectification or general assistance for client PC’s, software, Internet connections or any other general IT components not directly housed within our Data Centre facilities.
(i) Issues reported to the Microsolve support centre that are found to be caused by the clients PC, Internet connection or other system not directly related to the Microsolve Data Centre may be billed to the client at the applicable Time & Materials rate
1.4 Abuse and Termination
(a) Microsolve, at its sole discretion, may in the event of a breach of clause 1.2 terminate your right to utilise this service and refuse any future access to this service or similar services.
(b) In the event of termination, any and all outstanding fees for services delivered, or to be delivered under this agreement fall due and payable.
(a) Microsolve will establish a linkage to Google Analytics for the purpose of statistically analysing traffic to your website. Microsolve does not warrant the content, applicability or accessability of the Google Analytics site at anytime.
1.6 Payment Methods and Terms
(a) Microsolve will provide an invoice for all utilised services on a monthly basis to a nominated e-mail address. The invoice will provide a description of the service, quantity and associated charges.
(b) Microsolve will collect such funds as required to cover the invoiced charges by way of automatic account deductions using the Ezi-Debit clearing service not sooner than 14 days following the transmission of said invoice as per 1.6(a).
(c) Failure to have available such funds as required to cover the invoiced charges as per 1.6(a) and 1.6(b) will result, without further notification, in the immediate suspension of delivery of the noted services until such time as sufficient cleared funds have been received to cover any and all outstanding fees for the services delivered, or to be delivered, under this agreement.
2. Web Design & Development
2.1 Intellectual Property
(a) All creation files remain the property of Microsolve.
(b) Microsolve retains the Copyright in and the right to use all artwork created in advancing the profile of Microsolve and to be recognized for artwork created by Microsolve;
(c) Microsolve shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Microsolve shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
(d) Any code or original artworks or graphics developed by Microsolve including HTML markup, Flash and multi media including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of Microsolve. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees.
(e) The licensing for any server side programs and scripts including those written in PHP, Java, CGI requires the program, scripts and data to be held on a web server run by Microsolve. Such scripts are strictly the copyright of Microsolve and all rights are reserved.They must not be edited, copied or transferred to another server without the express written permission of Microsolve.
2.2 Provision of Materials
(a) You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials.
(i) If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product.
(ii) The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate.
(b) Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials.
2.3 Stages of Site Development
(a) Quotation Acceptance – A development request will be created and allocated to a designer once written acceptance of the quotation is received
(b) Payment of Commencement charges – Upon receipt of written quotation acceptance an invoice for the commencement charges will be provided to a nominated accounts e-mail address. Payment for the invoice will be acquired through the Ezi-Debit clearing system
(c) Delivery Meeting – A delivery “meeting” to be held either via phone, or in person will be scheduled for not more than 7 days following the receipt of a cleared payment for the commencement charges.
(d) Site Creation – Microsolve internal process to create the site shell and administrative layouts
(e) Image Work – Evaluation and integration of client supplied images into the site structure to an agreed design.
(f) Menu Structure – development and implementation of an appropriate site navigation structure
(g) CMS Training – provision of online training of one client representative in the usage of the Content Management
System for the insertion of text based content into the website
(h) Content – insertion of text based content into the website – client task
(i) Layout – finalisation of site layout based on inserting text content and supplied images
(j) Form Development – development and testing of required information submission forms
(k) Review – designer and client review of site layout, function and performance
(l) DNS delegation – Confirmation of web address and registration details must be provided before the Quality assurance phase can begin
(m) Mail Assessment – Mail requirements must be determined before the Quality assurance phase can begin
(n) Quality Assurance – site will be moved to a restricted “staging” environment for no less than 72 hours. While in this environment testing of all aspects of the site functionality – both user and administrator is undertaken. No development work will be undertaken during the Quality Assurance phase to ensure that testing of the site is consistent.
(o) Go-Live – site made available for Internet access via the primary DNS site name. Site go-live can occur only after successful completion of the Quality Assurance phase and with written approval from the nominated client contact.
2.4 Payment of Development Charges
(a) The building of a new web site will not commence until receipt of a cleared payment for the commencement fee
(b) Fees for the monthly development, hosting, support and management of the developed site will commence on the first day of the month following receipt of the commencement payment and will continue for 36 consecutive months
(c) At the completion of the 36 month period the site will be “rolled over” to the appropriate product available through Microsolve at that time
(d) If the client wishes to terminate within the 36 month period, a termination fee equivalent to the total upfront, development, hosting, support and management fee less any cleared payments already received will be due and payable within 14 days of notice of termination.
2.5 Site Hosting
Sites developed by Microsolve can only be hosted on servers maintained by Microsolve and made available to Microsolve clients subject to Section 1 – Website Hosting.
3.1 Acceptable Usage
(a) You will not send SPAM, or any unsolicited commercial email from our network, or promote a website hosted on our network using SPAM. Microsolve reserves the right to determine what constitutes SPAM and terminate all services, without prior notice, of any customer disregarding this policy. YOU WILL BE CHARGED A 'CLEAN UP' FEE OF $500 PLUS AN ADDITIONAL $200 PER HOUR ADMINISTRATIVE CHARGES FOR ACCOUNTS TERMINATED OR SUSPENDED DUE TO SPAM.
(b) Web Hosting customers are permitted to send confirmed 'opt-in' bulk-email to Mailing Lists of up to 200 recipients per hour and a maximum of 2000 recipients per day. If you exceed this limit or if such email is reported as SPAM then clause 3.1(a) of this policy will be applied. IF YOUR ACTIONS CAUSE OUR MAIL SERVERS OR ANY OF OUR IP ADDRESSES TO BE BLACKLISTED (THIS INCLUDES BUT IS NOT LIMITED TO ANTI-SPAM ORGANISATIONS, MAIL FILTERING SYSTEMS, RBL LISTS, INTERNET SERVICE PROVIDERS) YOU WILL BE CHARGED $500 PLUS AN ADDITIONAL $200 PER HOUR ADMINISTRATIVE CHARGES INCURRED TO REMOVE AND PROTECT MAIL SERVERS AND IP RANGES.
(c) You will represent, undertake and warrant to Microsolve that any bulk-email, sent either using the services provided by Microsolve or to promote a website or domain held on the Microsolve Network, will comply with the terms below. Any bulk-email that does not comply with these terms will be treated as SPAM and clause 3.1(a) of this policy will apply: -
(i) Every email must clearly state who the sender is and give clear and precise instructions on how to be removed from receiving any further communications of the same or similar nature. The removal instructions shall be easy to understand and must aid and not hinder the subscriber.
(ii) You shall ensure that before the sending of any bulk-email you have received back a 'Subscription Confirmation Request' from each recipient's email address that proves that the recipient did in fact 'opt-in' to receiving communications of this kind. If you do not have such proof then it will be treated as SPAM and clause 3.1(a) of this policy will be applied.
(iii) You shall ensure the 'Subscription Confirmation Request' sent to the recipient to confirm 'opt in' of bulk-email shall not be an advertisement for products or services.
(iv) Every email must comply fully with Australian Laws.
(d) To prevent the sending of bulk unsolicited email and to prevent the IP addresses of Microsolve being blocked by IP address blocking, then clause 3.1(a) of this policy will be applied, in the following scenarios: -
(i) Where Microsolve has received any complaints concerning unsolicited email originating from a Microsolve hosted domain.
(ii) Where Microsolve have received any complaints concerning unsolicited email being sent to promote web sites and domains that are hosted on the Microsolve network. This also includes domains which use the Microsolve domain forwarding service.
(iii) Where bulk-email is sent to a 'dirty list' of unconfirmed 'opt-in' email addresses.
(iv) Where bulk-email is sent to email addresses harvested from the Internet.
(v) Where bulk-email is sent to email addresses obtained from another party, even if the other party claim the list is 'opt-in'.
(vi) Where you have not put in place adequate protection to prevent web applications and scripts from sending unsolicited spam email for your web site.
(e) Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services provided by Microsolve. Failure to enforce this policy in every instance does not amount to a waiver of Microsolve's rights.
(f) Unauthorized use of the Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
3.2 Abuse and Termination
(a) Microsolve, at its sole discretion, may in the event of a breach of clause 3.1 terminate your right to utilise this service and refuse any future access to this service or similar services.
(b) In the event of termination, any and all outstanding fees for services delivered, or to be delivered under this agreement fall due and payable.