Terms of Service

1 Introduction & Definitions

The terms and conditions of this agreement are a legal agreement (hereafter known as “this Agreement” or “these terms”) that govern your use of the services and products provided by us (hereafter known as “Services”). In order to become a user of Services, you must irrevocably agree to be bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use of Services, or upon using the Services provided by us, whichever occurs first.

The following terms shall be defined as provided below. For example, references to “you”, “your” and so on, shall refer to the person who requests the provision of any services provided by us.

We, us, our, etc: JTOB Premium Hosting ABN 11 876 769 028.

You, your, etc: A person who requests or utilises the provision of any services provided by us, including services provided by us as a registrar.

Registrant: The current licensee of a domain name.

.auDA.au: Domain Administration Limited ACN 079 009 340.

.auDA policy: Any policy listed by auDA. http://www.auda.org.au/

Domain name license: A license for the use of a particular domain name.

Domain name license terms: The terms and conditions which apply to a domain license.

gTLD domain: Global Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz.

ICANN: Internet Corporation for Assigned Names and Numbers.

Member: A person who registers with us as a member and is provided with a member ID.

Published Policies: The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/

Registrar: Entity responsible for the provision of domain name licenses.

Registrar of record: Entity by which a specific domain name is licensed through.

Registration fee: Current charge in respect of a domain name license.

Registration period: The period that a domain name license lasts for.

Registry operator: The entity which issues domain name licenses and maintains their respective records.

Renewal fee: Current charge in respect of renewing a domain name license.

Registrant Transfer: The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership.

Registrar Transfer: The transfer of a domain name license from one registrar to another.

Nominet: Domain name administration body for .uk domain names (Nominet UK - Company Number 3203859).

DNC: Domain Name Commission Limited.

NZRS: New Zealand Domain Name Registry Limited.

Service: Any product, license, package or account offered by us.

Days: Calendar days, unless specified otherwise.

Spam: Distribution of unsolicited bulk and/or commercial electronic messages over the Internet (Spam or Spamming).

Supplier: Any third party which provides a product/service which we resell/offer to you.

2 Outline

These terms and conditions contain:

A general section that applies to all services and your dealings with us.
A series of specific sections that apply only to certain services.

A specific section on any matter overrides any general term on the same matter and any inconsistencies between the specific and general sections shall be resolved by giving precedence to the specific section.

3 Background

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control

We are the domain name registrar, our obligations include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services we provide as the registrar.

This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated.

For so long as we are the registrar of record for a domain name there is a service agreement between us and its registrant on these terms and those imposed by the registry operators and their governing bodies.

4 Terms & Conditions of Service

4.1 Refunds

4.1.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds for any Service, but we may offer refund only if a cancellation request is filed within 72 hours of the purchase application being made;
We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour cooling off period
Refunds granted 30 days after application will incur a minimum $15 surcharge;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a $15 surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus $15 surcharge;

Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
we believe you have breached your agreement in any way;
we have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
we believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and

You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

4.1.2 Process of Claiming Refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) by raising a support ticket via My Account within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that you have raised a support ticket within this timeframe. Generally, a response will be sent to you within 5 business days of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 4.1.1 of this Agreement.

4.2 Suspension & Cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all service if:

You have any outstanding invoice or account
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
We deem your use of our services may jeopardize the operation of the service, us or our suppliers
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers

Any suspension or cancellation is subject to clause 4.1.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
We may immediately delete all data held prior to cancellation
We may perform any action without notice

4.3 Acceptable Use

It is your responsibility at all times to:

Use our service and services in a manner which does not violate any applicable laws or regulations
Respect the conventions of the newsgroups, lists and networks that you use
Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
Respect the privacy of others
Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
Ensure your use of our services remains ethical and in accordance with accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

Violate copyright or other intellectual property rights;
Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
Misrepresent or defame others
Commit fraud
Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties
Engage in misleading or deceptive on-line marketing practices;
Conduct any business or activity or solicit the performance of any activity that is prohibited by law
Make an unauthorised transmission of confidential information or material protected by trade secrets
"Spam" or engage in "spamming" activities as defined in clause 4
Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
Post or transmit defamatory, harassing, abusive or threatening language
Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
Facilitating a violation of this Acceptable Use Policy
Perform any other action through utilisation of any service which we deem unsatisfactory
Run Proxy or any proxy related services
Attempt to do any of the above

You also agree not to attempt any of the following:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers/services
Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository
Run standalone, automated server-side processes including, but not limited to any daemon
Execute any script for longer than 180 seconds
Execute any database query that takes longer than 30 seconds to complete
Any activity which causes the server to crash / restart

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

Any breach of our Acceptable Use Policy can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.

4.4. Liability & Indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim.

You agree to defend, indemnify and keep indemnified and hold us harmless from any:

loss of business, contracts, profits or anticipated savings;
other indirect or consequential or economic loss whatsoever;
loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
negligence, misconduct, or breach of this agreement by you;
incomplete, inadequate or otherwise problematic use of any Services by you;
omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us, and
damages including but not limited to indirect, special, incidental, consequential or exemplary damages
allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4.5. Entirety of Agreement & Applicable Law

You expressly and irrevocably agree that:

This Agreement is governed by the law of Victoria, Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements, understandings and representations;
We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed;
Except as specified in 4.5, no variations may be made to this Agreement unless it is in writing and signed by our authorised representative;

In the event of any dispute(s) or claim(s) which arise against us, including those concerning, in connection with or arising from this agreement (or any part thereof), or Services supplied by us, then you will submit to binding arbitration on the following terms:

The arbitration shall take place in Melbourne, Victoria, Australia, and the dispute shall be handled by an arbitrator of our choosing;
The arbitrator will reside in the state of Victoria, Australia;
You are responsible for all costs related to such arbitration;
You will request us to make the necessary arrangements for a date and time for the directions hearing for the arbitration to be set within 60 days of the dispute arising;
If the dispute cannot be handled in accordance with clause 4.5(d)I, or we have not made the necessary arrangements within 15 days of receiving the request you made under 4.5(d)Iv, you will submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia to have the matter determined by a Judge or Magistrate
You are responsible for ensuring we have received the requests specified in clauses 4.5(d)Iiii and 4.5(d)Iiv of this Agreement.

If we have still not made the necessary arrangements within 15 days of receiving the request you made under 4.5(d)Iv, you will submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia to have the matter determined by a Judge or Magistrate.
If you fail to comply with your obligations under clause 4.5(d)I of this Agreement, and/or bring a claim outside of the jurisdiction specified in this Agreement, then you shall indemnify us on a full indemnity (solicitor-client) basis for any costs we incur.

5 General Terms & Conditions

The following clause (5) applies in every case.

5.1 Registry Requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarising yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

5.2 Domain Name Licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

5.3 Domain Name Application

In order to apply for a domain name license, you must:

Complete our application form in full
Read and agree with our Terms Of Service agreement
Submit the appropriate registration fee
Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application's success is fulfilled only if:

Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department
Your application complies with the association requirements and policies of the applicable registry operator
The applicable registry operator approves your application and permits the issue of domain name license
We have notified you in writing of the final approval of your application

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, JTOB Premium Hosting shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

5.4 Domain Name Registration Period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

5.5 Registration Renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

We are never obliged to do so
You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional
You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

Agree to any fees required as directed
Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator
Indicate the period for renewal from the available renewal periods as specified by us

A renewal is only successful if:

The renewal fee has been paid and honoured
Your renewal complies with the services agreement, polices and requirements of JTOB Premium Hosting and the relevant registry operator
The relevant registry operator approves the renewal request
We have notified you in writing that your application for renewal has been approved

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

5.6 Registration Transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

5.7 Registrant Transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator
Ensure that the transferor pays any outstanding fees owing to us
Pay any specified fee's relating to the process of a registrant change
Supply satisfactory documentation identifying both the transferor and transferee
Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

5.8 Registrar Transfer In

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

5.9 Registrar Transfer Out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

6 Fees & Payments

6.1 General Fees & Payments

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes are not retrospective.

Charges for a service are those published at the time you request it. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, unless under express consent of JTOB Premium Hosting.

Failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. We may, at our discretion, choose to send notification of expiry but are not obliged to do so. It is your responsibility to ensure that your electronic contact address is valid, active and correct. We cannot be held responsible for any loss/suspension/termination of any service.

Payments can be made using the following methods; Bank Transfer, Direct Debit, Credit Card & PayPal.

Online payments are secure, using highest available industry secure socket layer (SSL) encryption to secure the information you provide to us on our website.

Payments made by Bank Transfer are secured by Westpac Banking Corporation.

PeopleHub; a Direct Debit and Collections agency, on behalf of JTOB Premium Hosting, process our Direct Debit payments.

PayPal payments will be processed directly via secure connection with PayPal, if selected as your payment method; we will direct you to PayPal to complete payment.

6.2 Direct Debit Service Agreement

This is your Direct Debit Request Service Agreement with PeopleHub ABN 47 112 521 909 (Debit User ID 372248) our Direct Debit agent. It explains what your obligations are when undertaking a Direct Debit arrangement with JTOB Premium Hosting & PeopleHub. It also details what PeopleHub's obligations are to you as your direct debit provider.

By registering for Direct Debit, you request and authorise PeopleHub Pty Ltd ABN 47 112 521 909 (Debit User ID 372248) to debit payments on behalf of JTOB Premium Hosting from the nominated Account identified in your Direct Debit application form through the Bulk Electronic Clearing System ("BECS") in accordance with this Direct Debit Request, the Terms and Conditions below and as set out in the Direct Debit Request Service Agreement.

6.2.1 Definitions:

Account means the account held at Your Financial Institution from which we are authorised to direct debit

Agent means third party debt collection agency appointed by PeopleHub to recover outstanding monies owing to PeopleHub or the Business

Agreement means this Direct Debit Request Service Agreement between you and us.

Business means JTOB Premium Hosting ABN: 11876769028. Business Day means a day other than a Saturday or Sunday or a national public holiday.

PeopleHub means PeopleHub Pty Ltd ABN 47 112 521 909.

Debit Day means the day that you have authorised us to arrange for funds to be debited from your Account.

Debit Payment means a particular transaction where a debit is made. Direct Debit refers to the process whereby you provide us with the Direct Debit Request which authorises us to arrange for funds to be debited from an account held with Your Financial Institution.

Direct Debit Request means the Direct Debit Request between you and us.

People Hub means PeopleHub, that you have authorised by requesting a Direct Debit Request.

Us or We means JTOB Premium Hosting and People Hub

You means the customer who signed or authorised by other means the Direct Debit Request.

Your financial institution is the financial institution nominated by you on the Direct Debit Request at which your Account is maintained.

6.2.2 Debiting your Account

By signing the Direct Debit Request or providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your Account. You should refer to the Direct Debit Request and this Agreement for the terms of the arrangement between us and you.

We will only arrange for funds to be debited from your Account as authorised in the Direct Debit Request. If the Debit Day falls on a day that is not a Business Day, we may direct your Financial Institution to debit your Account on the following Business Day.

6.2.3 JTOB Premium Hosting

By signing the Direct Debit Request you acknowledge that PeopleHub are acting as a third party payment processor for JTOB Premium Hosting to arrange for the funds to be debited from your Account. Accordingly, you agree to pursue all claims you have in respect of the goods and services provided to you by JTOB Premium Hosting or the terms and conditions of any agreement entered into between you and the JTOB Premium Hosting against JTOB Premium Hosting. As PeopleHub does not supply the goods or services that relate to the payments it processes for JTOB Premium Hosting, you agree not to pursue PeopleHub in respect of any claim you may have in respect of the quantity, the quality or the merchantability of those goods or services supplied by JTOB Premium Hosting.

6.2.4 Changes by you:

If you wish to stop or defer a Debit Payment or terminate this Agreement, you must notify PeopleHub or JTOB Premium Hosting at least seven (7) Business Days before the next Debit Day. This notice should be given to JTOB Premium Hosting in the first instance.

6.2.5 Changes by Us:

We may vary any details of this agreement or the Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

6.2.6 Your obligations:

It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.

If there are insufficient clear funds in your account to meet a debit payment:

you may be charged a fee and/or interest by your financial institution;
you may also incur fees or charges imposed or incurred by us up to $10.00; and
you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

You should check your account statement to verify that the amounts debited from your account are correct.

6.2.7 Disputes:

If you believe that there has been an error in debiting your Account, you should notify JTOB Premium Hosting in the first instance and confirm that notice in writing with JTOB Premium Hosting as soon as possible so that JTOB Premium Hosting can resolve your query more quickly. If JTOB Premium Hosting cannot resolve the matter or you are not satisfied with JTOB Premium Hosting’s handling of the matter, you may contact PeopleHub directly on 1300 909 339. Alternately you can take it up directly with Your Financial Institution.

If we conclude, as a result of our investigations, that your Account has been incorrectly debited we will respond to your query by arranging for Your Financial Institution to adjust your account (including interest and charges). We will also notify you in writing of the amount by which your Account has been adjusted. If we cannot resolve the matter or you are not satisfied with our proposed resolution, you can still refer it to Your Financial Institution, which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.

6.2.8 Accounts:

You should check:

with Your Financial Institution whether direct debiting is available from your Account as direct debiting is not available on all accounts offered by financial institutions;
your Account details which you have provided to us are correct by checking them against a recent account statement; and
with Your Financial Institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

6.2.9 Confidentiality:

We will keep any information (including your Account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification reproduction or disclosure of that information.

PeopleHub will only disclose information that they have about you:
to the extent specifically required by law;
to JTOB Premium Hosting; or
for the purposes of this Agreement (including disclosing information in connection with any query or claim).

7 Payment Chargebacks

You cannot seek to reverse a payment (chargeback) in your favour.

We may hold you to the transaction, resist the chargeback and charge you reasonable costs for doing so. We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.

We reserve the right to engage the services of a debt collection agency should the above costs not be paid. In such circumstances you will be charged for collection costs in addition to the applicable costs.

8 Service Cancellation

See clause 9

9 Domain & Hosting Cancellation

9.1 Domain Cancellation

If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

9.2 Hosting Cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

Non-payment or failure to renew service
Chargeback/reverse of payment
If we have reason to believe you are not using the services in accordance with this service agreement
If a competent regulatory authority/body requires us to do so
At our sole discretion

Service provision may also be suspended/cancelled or terminated:

If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame
If you do not comply with our breach notice

You release JTOB Premium Hosting of any claim arising suspension, cancellation or termination of any service.

10 Right to Deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of JTOB Premium Hosting or our affiliates; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

11 Notification

We may provide notification or communication by:

Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us
Faxing to or calling the most recent number supplied to us
Ordinary mail/hand delivery to the most recent postal address supplied to us
Any other method permitted by law

Any notification or communication is deemed to have been received by you as follows:

If it (or hyperlink to it) is emailed: one hour after it leaves our mail server
If it is faxed: when issued successful delivery record from the machine
If it is mailed: at 10AM on the second business day after posting it
If it is hand delivered: at the time of delivery
In any other method: at the time by which it would have been delivered as per the normal course of the given method

12 Your Statement to Us

You undertake to us that if you; apply for, use, renew, transfer or take ownership of any service that:

You are at least 18 years of age. We may terminate this agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this agreement
You will not at any time publish using our services any material that infringes any third party's intellectual property rights or any other rights. You further agree to comply strictly with all relevant laws, regulations, ordinances and other legislation of whatsoever character as amended from time to time
You shall not use any provided service for the purpose of sending unsolicited commercial email
You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately.
You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights

12 Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date or operate as a waiver of our rights in the matter.

14 Further Assurances

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

15 Releases & Indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold harmless:

JTOB Premium Hosting in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)
All directors, offices, employees, agents and affiliates of the above from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

16 Limitation of Liability

This agreement does not exclude some laws, particularly the Trade Practices Act 1974. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

JTOB Premium Hosting excludes all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition")
The liability of JTOB Premium Hosting to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of JTOB Premium Hosting, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of JTOB Premium Hosting is not limited under this Agreement)
JTOB Premium Hosting is not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to JTOB Premium Hosting
You shall not hold JTOB Premium Hosting liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit
You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve JTOB Premium Hosting from any such legal responsibility in this regard
You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of JTOB Premium Hosting. JTOB Premium Hosting exercises no control whatsoever over the content of the information passing through the Services

17 Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

18 Agreement Amendment

We may amend this agreement at any time. Amended terms take effect when they are published unless otherwise specified following which if you continue to use the services, you are deemed to have agreed and be bound to such amendments. We maintain the ability to amend this agreement with retrospective effect in response to any illegal or antisocial conduct that is occurring or likely to occur.

New and amended registry operator requirements may take affect from time to time as indicated by clause 6.

19 Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

20 Web Design Services

20.1 Services

Web Design services are provided as a premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Web Design Services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 9AM to 5PM AEST with the exception of public holidays (all states and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.

20.2 Creative Brief & Responses

You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines.

We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a Creative or Revision Brief.

When you are provided with a Revision, you are responsible for reviewing the Revision. If you fail to promptly advise that the Revision is not reasonably responsive to the Creative Brief, you will be deemed to have accepted the Revision.

If you notify us that you think a Revision is not reasonably responsive to the related Creative Brief, you shall then submit to us a Revision Brief containing information regarding amendments or modification to be made to the initial Response.

20.3 Revisions

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

20.4 Maintenance & Management

We will provide monthly or annual maintenance in accordance with the service purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 60 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.

We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submition. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.

20.5 Content

Web Design content is to be 100% supplied and installed by you. We will not install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content. We are able to install and configure the website for a fee charged in 60 minute blocks. It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.

20.6 Technical Information

Colours: The default colour model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can be made upon request.

Web Design File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies.

20.7 Rights to Use

Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the Service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.

Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.

Logo Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use Creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the final Revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design: Ongoing service is soley dependant of your active subscription to JTOB Premium Hosting Management Service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknlowedge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.

21 Hosting Services

The following clause (21) applies specifically to hosting services provided by us or our wholesale partners/providers.

21.1 Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

21.2 Hosting setup

It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

Payment is not cleared or received in full
We believe the order, information or payment is fraudulent
You have any funds outstanding with relation to any other account
The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy
There is any other reason which we deem satisfactory

We may send notification of hosting activation however:

Your contact details must be correct and up to date
This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

21.3 Loss of Service

We will endeavour to maintain network stability and satisfactory service levels, however:

We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by JTOB Premium Hosting, our suppliers or any third party
We may, at our discretion provide notification of outages whether planned or unplanned

You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party

21.4 Payment

If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to JTOB Premium Hosting. Without limitation to the above, we may charge an administration fee of up to $30.00 for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.

21.5 Suspension & Cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

You have any outstanding invoice or account
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
We deem your use of our services may jeopardise the operation of the service, us or our suppliers
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers

Any suspension or cancellation is subject to clause 4.