Please note that the term "The Net People" refers to "The Net People ABN 60 341 307 861"

By engaging any service provided by The Net People, the customer/s agree to be bound by all the terms of this agreement, without exception or reservation; whether our services are engaged through your order of our services online, via telephone or face to face. The terms and conditions herein form a contract between The Net People and the customer/s which may be terminated at any time by either party. The Net People reserves the right to deny service to any customer/s at any time without having to supply a reason. Failure of a customer/s to fully read and understand these terms and conditions does not negate your acceptance of them by engaging our services, nor our rights under this agreement to enforce them.

IMPORTANT NOTICE: *All Payments To The Net People Are Non-Refundable after the first 30 days - 30 Day money back offer applies to HOSTING SERVICES ONLY, and does NOT include fees for provision of web sites or other related services*

The Net People ("The Net People") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of The Net People Service constitutes acceptance and agreement to The Net People's AUP as well as The Net People's TOS (Terms of Service).

All provisions of this agreement are subject to the TOS (Terms of Service) of The Net People and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of The Net People. Subscriber understands that change to the AUP by The Net People shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, country of Australia applicable to contracts enforceable in that state.

The customer warrants that all information provided to The Net People is truthful and correct and accurate and up to date and that the person designated is of above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that The Net People may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The Net People shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that The Net People may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon The Net People achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. 

Payment: Establishment of this service is dependent upon receipt by The Net People of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All invoices are sent to you by email, we do not send invoices via postal mail. 

Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 20 days past due. Service interrupted for nonpayment is subject to a $30 reconnect charge. Accounts that are not collectable by The Net People may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Net People a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to The Net People are nonrefundable after the 30 day money back peroid. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Net People's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay The Net People an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay: The Net People may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
The Net People provides an ongoing service as all service providers do, you agree that your service can only be cancelled by completing the online cancellation form.
Requests for canceling accounts may be made at least 7 days Prior to the due date. There is no canellation fee.

The Net People's preferred method of cancellation is via the members section of your The Net People account. To cancel your account click here.

You must have all account information to cancel. 

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Net People and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that The Net People shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Net People. Subscriber further acknowledges that The Net People's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall The Net People be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 2 business days. Due to unforeseen complications, however, this process may sometimes require up to 5 business days

Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to The Net People will require a minimum of seven (7) days to be set up and entered into our DNS servers. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by The Net People on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

The Net People, provides technical support to our subscribers (except for public holidays.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: The Net People provides support related to your server or virtual site physical functioning. The Net People does not offer tech support for application specific issues such as cgi programming, html or any other such issue. The Net People does not provide technical support for YOUR customers. If you can email, we encourage you to email info@thenetpeople.com.au for assistance. If you are able to get online and have other questions, the answers may be on our support page

SPAM and Unsolicited Commercial Email (UCE): The Net People takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Net People may not use or permit others to use our network to transact in UCE. Customers of The Net People may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of The Net People's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Net People will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Net People may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Net People may, at its sole discretion, restrict, suspend or terminate customer's account. Further, The Net People reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Net People will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that The Net People personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

 

Facebook Marketing

If you engage the offer of having The Net People operate a Facebook marketing campaign for your site, The Net People does not guarantee that the campaign will produce the results you desire. This is due to the sometimes unpredicable and fickle nature of Facebook and The Net People take no responsibilty for any failure or undesired results of such a campaign.

You, the customer is soley responsible for ALL content used during any such campaign. The Net People will not author or create content on your behalf.

Network

IP Address Ownership: If The Net People assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to The Net People, and Customer shall have no right to use that Internet Protocol address except as permitted by The Net People in its sole discretion in connection with the Services, during the term of this Agreement. The Net People shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by The Net People, and The Net People reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). The Net People will charge $0.05 per MB over the allocated limit which will only be sold per MB, this means if you use 100mb over your limit, you will be charged $5.00. If you find you are using more bandwidth than expected, we will review your account and sugguest moving up to the next plan which may work out as a viable cost effective alternative.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the The Net People Network. Violations of system or network security may result in civil or criminal liability. The Net People will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

The Net People is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which The Net People determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at The Net People's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that The Net People determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: The Net People reserves the right to suspend network access to any customer if in the judgment of the The Net People network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Net People chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Additionally, if The Net People suspects that any individual, business, company or corporation, or any other entity is engaged in any dubious practice or acts dishonestly with respect to their activities, The Net People may suspend or terminate the account provided to any such entities at its sole discretion. Types of acitivities include, but are not limited to, using the web site/web space provided for illegal purposes, failing to make payments to service providers associated with the business, company or corporation or sole tradership operated by you.

The Net People reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of The Net People must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for your actions in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: The Net People wishes to emphasize that in agreeing to the The Net People Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies The Net People for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to The Net People or the bringing of any claim against The Net People by any third-party.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by The Net People of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of The Net People. The Net People may assign Agreement at anytime without consent from or notice to Subscriber. The Net People reserves right to cancel customers rights under this contract at anytime without further obligation. 

The Net People takes no responsibility for any material input by others and not posted to the The Net People Network by The Net People. The Net People is not responsible for the content of any other websites linked to the The Net People Network; links are provided as Internet navigation tools only. The Net People disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

The Net People is not responsible for any damages your business may suffer. The Net People does not make implied or written warranties for any of our services. The Net People denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Net People.

Any website created for any customer, private, public, commercial or corporate, remains the intellectual property of The Net People. This includes any templates, content management systems, e-commerce stores, and/or logos created by The Net People. ONLY content supplied by the customer remains the property of the customer. The ownership of a website transfers to a customer only when a specific request from the customer is made for this to occur, and any fees payable as indicated at the time by The Net People are paid in full. If no agreement has been made to transfer intellectual property rights to the customer/s, the customer/s has the right to use the services provided until such time as The Net People terminate their service or a customer/s elects to terminate the service. In the event that The Net People decide to terminate any service provided, they will provide suitable notice to the customer/s that a termination of service will take place (normally 14 days). Notice on termination of service will not be provided in the event that a customer/s breaches our terms and conditions or acceptable use policy. In these instances termination of services will be immediate.

Where a customer believes a password has been revealed or compromised they must notify The Net People at the earliest possibility.

The customer agrees that any services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to services may occur from time to time. For example interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures, etc.

Hourly Rates

For work completed by the Net People an hourly rate of $110 applies, unless there has been a specific signed agreement made with The Net People under special circumstances, or a customer has paid the purchase price in full for an established package as detailed on our site. The absence of such an agreement does not waive these fees for work completed in the event that the services are terminated by the customer, or The Net People terminate their service to the customer for any reason.

Work completed includes:

• Construction of websites including Content Management Systems and e-commerce platforms
• Setup of web hosting services
• Transfer of domain names
• Creation of email accounts
• Addition of products and information supplied by a customer for an e-commerce platform
• Any other work done to, with or in connection with any service hosted, provided or used by a customer/s

 

The customer will not hold The Net People responsible or liable for any interruption or delays or degradation to services

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as The Net People's customer, are solely responsible for the content stored on and served by your The Net People server, whether that content has been added by The Net People at your request of not.

Powertools and web applications: You, as The Net People's customer, are solely responsible for making sure the powertools (web applications) provided on your hosting account are kept secure, patched and up to date. These tools are open source and are vulnerable to attacks via exploits in the software, the developer of the software provides updates when vulnerabilities have been detected, you must install these updates/patches ASAP. If you are incapable of installing these updates, please see our "extras" page for the paid update service we provide. Keeping your web based applications patched and up to date will ensure a secure web site and data.

Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

The Net People may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships The Net People has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by The Net People and not by the Third Party Vendor. Neither The Net People nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from The Net People or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither The Net People nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and The Net People with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Changes in these terms & conditions: The Net People, at its sole discretion may alter these terms and conditions at any with without notice.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.