Website Hosting & Emails Terms & Conditions
The below terms and conditions relate to both entities of F5 IT Pty Ltd and The Trustee for F5 CO Trust T/A NMG Computers
1. Agreement
These terms and conditions govern the provision of services by F5 IT to you. By using the services, you agree to comply with these terms and ensure all users under your account also comply. These terms may change over time, and you will be notified of changes to ensure compliance or to discontinue use.
2. Duration of Agreement
All services provided by F5 IT are on a month-to-month basis unless otherwise specified in writing. You have the right to cancel your services at any time, provided you give F5 IT a 30-day notice of cancellation. This agreement will automatically renew each month until terminated by either party. Upon cancellation, any remaining obligations or accrued rights up to the cancellation date will continue to apply.
3. Server and Network Maintenance
Scheduled Maintenance: F5 IT may perform scheduled maintenance, potentially affecting access. Maintenance will be performed during off-peak times, and notice will be given for any maintenance exceeding 30 minutes.
Unscheduled Maintenance: Unscheduled maintenance may occur, with notifications posted afterward.
4. Client Data and Data Backup
Except for your intellectual property rights in your data, F5 IT will own all rights created while providing the services. You are responsible for ensuring your data complies with F5 IT standards, policies, and laws.
Data Backup: While F5 IT provides weekly and daily backups for restoration, you are responsible for maintaining your local data backups.
5. Sub-domains and Account Rights
F5 IT may provide domain names or sub-domains, which remain its property. Use is at F5 IT’s discretion, and no guarantees are made regarding availability or conflicts.
Hosting Plan: Choose a plan during sign-up, which determines the cost and level of service, including disk space, traffic usage, domains, and other features. You cannot resell F5 IT services without express permission.
6. Payment and Fees
Billing: Annual billing applies unless otherwise arranged. You are liable for setup fees, excess traffic/storage fees, and additional services requested.
F5 IT reserves the right to change fees with notice provided. Invoices will be sent as payments become due, and failure to pay may result in termination of services.
7. Limitations of Service
F5 IT does not guarantee uninterrupted or error-free services, nor that they will meet your specific requirements. Data loss or corruption may occur, and F5 IT is not liable for such incidents beyond the fees paid for the service.
8. Liability and Indemnity
For Non-Consumers: Liability is limited to the amount of fees paid. F5 IT is not liable for indirect, consequential, or loss of business damages.
For Consumers: Liability is limited according to consumer guarantees, including repair or replacement of goods/services.
Indemnity: You indemnify F5 IT against losses related to your use of services or breach of this agreement.
9. Acceptable Use Policy
You must comply with F5 IT's Acceptable Use Policy. F5 IT reserves the right to terminate services for violations of this policy.
Any illegal use of your hosting provided by F5 IT will result in immediate suspension and or termination of your account.
10. Compromised Websites and Malware
F5 IT is not liable or responsible if your website or email becomes compromised, infected with malware, or affected by a virus. While F5 IT takes all reasonable measures to mitigate such issues, we do not guarantee complete protection. In the event of a compromised website or infection, F5 IT retains backups for up to 7 days and can provide free restores upon request. It is your responsibility to maintain the security of your website and data.
11. Unpaid Invoices
F5 IT reserves the right to cancel your hosting services at any time if your account is in arrears. F5 IT will make reasonable attempts to contact you regarding any late payments. If payment is not received within the specified period, this may result in the termination of your services and a breach of contract. It is your responsibility to ensure timely payment of all invoices to avoid any disruption to your services.
12. Governing Law
These terms are governed by the laws of the relevant jurisdiction.
13. General Provisions
Notices must be in writing. This agreement does not create an employment, agency, or partnership relationship. F5 IT may subcontract services. Failure to enforce any part of this agreement does not waive any rights. If any provision is illegal or unenforceable, it will be severed from the agreement.