Webpub Hosting Terms and Conditions

Please read our terms and conditions and complete the form below.

Webpub host websites as a reseller for Crucial Hosting based in Sydney. These hosting servers are maintained in Sydney by Crucial. Webpub provides local support for hosting services. There may be instances where we will refer issues to Crucial in Sydney for resolution. Webpub Media Solutions will handle all interaction with Crucial.

The terms and conditions outlined in this document are the terms on which we provide the hosting service to you. They apply to us and to you. These terms supersede prior agreements.

These terms also apply to every user of the hosting service. It is a condition of your use of the hosting service that:

  1. You comply with these terms and conditions;
  2. You make every user aware of these terms and conditions; and
  3. You ensure that every user complies with these terms and conditions.

Changes to these terms & conditions

These terms and conditions are subject to change. You will receive notice of the change and be obliged to comply with the new terms and conditions as amended, or cease using the hosting service

Duration of this agreement

This agreement commences on the date you sign up for the hosting service by:

  1. Paying the invoice sent for your hosting service.

This agreement continues until either party terminates with 14 days’ notice in writing to the other party. On termination or expiry of this agreement for any reason:

  • Our obligation to provide the hosting service to you ceases;
  • You must not attempt to use or access the hosting service after the date of termination;
  • Each party’s rights and obligations accrued prior to termination are not affected;
  • We may delete all of your data from any storage media

If Crucial or Webpub terminates the hosting service for any reason, then this agreement will terminate automatically. In that case, unless Crucial or Webpub have terminated this agreement due to failure by you or a user to comply with these terms and conditions, you will not be entitled to a pro-rata refund of any pre-paid hosting fees.

Website Hosting

Our business hosting services include: 99.9% uptime, hosting servers based in Australia, SSL certificate, 10 email accounts, large storage, large bandwidth quotas, simple control panel, automatic daily back ups, site restore service, sub-domains, add on domain, 50+ free web apps, instant setup and Local support.

Email Hosting

Email hosting may be included in your plan (if required). Webpub will set up email accounts for you on the hosting server and provide details for you to set up on your devices.

If you are using a third-party provider for your email, such as Gmail or Microsoft email, you may need to contact your IT professional or a networking specialist to assist in setting up your emails.

Access to Your Account

Access to your account using the hosting service includes access to:

  • Your website; and
  • File access: files stored on the website/hosting account

The service does not include access to the Crucial hosting account.

You can obtain access to your account through the username and password that we provide to you in the site details document. It is your responsibility to maintain the confidentiality of your username, password and other account information.

SSL Certificate

An SSL certificate is included in your hosting account.

Domain Name Services

Webpub does not provide domain name registration services. You will need to register your domain name with a third-party domain registrar. We will need the account details from your Domain Name registrar for hosting and email set up purposes.

Client Data

You must ensure that all client data:

  • Complies with any content standards set by Crucial or Webpub Media Solutions from time to time;
  • Complies with the Acceptable Use Policy;
  • Complies with all Laws; and
  • Does not infringe the intellectual property rights of any person.

Crucial and/or Webpub Media Solutions may remove any client data it considers unsuitable.

 Technical Support

The hosting fee includes the provision of normal web hosting support services.

At your request, we may carry out additional services for you, including;

  • Technical support for application specific issues, such as PHP, html or script installation.
  • Monthly maintenance and upgrades

You must pay for all additional services that you request at our current hourly rate.

When carrying out maintenance or site updates we may need to share your account details with our third-party website development contractors.

Security

Hosting server security features are in place at Crucial. Crucial also retains your hosting account details including usernames and passwords.

Please note that no website in the world can be completely secure. In the event that your website is hacked, we will work as efficiently as possible to restore your site to the last available version that has been backed up.

We retain your website account details on local machines that are encrypted, and firewall protected in the Webpub office. We also use secure Microsoft Cloud back up storage. Password are also stored in a secure off site encrypted “Password Vault”.

We may need to share your account details with our third-party website contractors and theme or plugin third party developers. Details that may be shared include; hosting account details, social networking account details, eCommerce (including payment gateway details, bank account details, and accounting software details).

Please note, Webpub Media Solutions will not be responsible for any loss of business or other damages resulting from occasional downtime, hacks or other technical problems related to hosting, the website or email. This is regardless of whether these issues are caused by the web hosting company, Webpub staff, third party plugin developers, contractors or by broader Internet problems beyond our control.

Updates of Website Software

From time to time, the Crucial and Webpub Media Solutions may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software.

If you do not update to the new version of the software, then the security of your website and client data may be compromised. Webpub Media Solutions can provide updates for you as part of a monthly maintenance agreement. Please contact us for details.

Server/Network Maintenance

Scheduled Maintenance

In order to keep its servers up to date, Crucial will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

Crucial will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes, Crucial will post a notice regarding the maintenance.

Unscheduled Maintenance

Unscheduled maintenance may need to be performed. During this time the hosting server may be off-line. In this case a notice regarding the maintenance will be posted on the Crucial website after it is done.

Back ups

Crucial performs weekly snapshots of all server data and daily incremental backup of all system and client data for the previous 2 week period. Off-site back-ups are taken by Webpub every 12 months and stored locally and in our cloud account.

You are also encouraged to back up your site to your own device as an added security. It is your responsibility to maintain local copies of your web content and information.

Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

Suspension or Termination of Account

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all users are complying with this agreement.

We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:

  • We believe that your use of the hosting service may be in breach of any law;
  • We believe that you or a User has committed a breach of this agreement;
  • We believe that your use of the hosting service may compromise or have an adverse effect on our systems or networks, or Crucial systems or networks; or
  • Crucial suspends or terminates your account.
  • If we believe that your use of the hosting service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against Crucial or Webpub in respect of any action reasonably taken by Webpub or Crucial. You additionally indemnify Crucial and Webpub against any claim by a user arising out of the same.

No Resale

You must not resell the hosting service without our explicit permission. Reselling of the hosting service without our explicit permission will bring you into breach of this agreement.

Billing

At the start of the hosting period annual billing for the hosting fees that are applicable to your hosting plan will commence.

You must pay all service charges, minimum charges and other amounts incurred by you or any user incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.

Fees

You are liable to pay the following fees:

  • The setup fee (if any) that we advise you of at the commencement of the agreement;
  • Fees for Excess Traffic Usage (if any) for each month, and
  • Fees for Excess Storage (if any) for each month,
  • Fees for Additional Services (e.g: domains, SSL Certificates etc. If any) that you request us to perform.

The hosting fees are charged annually one period in advance. The fees are exclusive of any registration or delegation charges imposed by domain name authorities or your Internet Service Provider (ISP).

Changes to Fees

Our current fees are outlined in your proposal/quote. These fees will apply to you for the duration of the billing period.

We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees via email. The new fees will apply from the date that your pre-paid billing period expires.

Invoicing

Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Webpub Media Solutions.

We reserve the right to immediately terminate the hosting service if payment is not received timely.

Crucial and Webpub Media Solutions are not responsible for data integrity on accounts suspended for non-payment.

GST

Unless explicitly stated otherwise, all fees and charges include GST.

Limitations of Service

You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:

  • the services provided under this agreement will not be uninterrupted or error free;
  • the services may not meet your requirements; and
  • your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.

Liability

Our liability to you for any loss, however caused (including by our negligence), that you suffer or incur in connection with the hosting service or this agreement, whether or not you were aware of the possibility of such losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement.

The maximum amount you may claim from us for losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason.

Webpub are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement sustained by the you or any other person arising from or in connection with the service or this agreement.

We are not liable for any losses you suffer or incur by or in connection with the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party.

We are not liable for any losses you suffer or incur due to factors outside our reasonable control.

 Acceptable Use Policy

Crucial’s Web Hosting Acceptable Use Policy can be found on the Crucial Website.

Please complete and submit the form below if you agree to the terms and conditions.

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