Policies

Effective date: July 23rd, 2018

Preface
Sydney ICT PTY LTD and our contractors, suppliers and affiliates (collectively known from hereon in as “Sydney ICT”, “We”, “Us” or “Our”) welcome you to our website https://sydneyict.net.au/ (the “Website”). Thank you for taking an interest in our products and services (the “Service” or “Services”).

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind such organisation to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organisation. Agreeing to use the Services by clicking “Sign Up” constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You also acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

Sydney ICT reserves the right, at any time, to amend or modify these Terms of Service without prior notice to you; provided that if any alterations constitute a material change to these Terms of Service, Sydney ICT will notify you by posting an announcement on the Website. Any amendments or modifications will take effect immediately once they have been posted to the Website. By continuing to access or use the Services after any amendments have been made, you agree to be bound by any modifications made to the Terms of Service. For this reason, we encourage you to regularly review the Terms of Service. If you do not agree to any modifications, you must immediately stop using the Services.

1. Eligibility and Registration

• The Services provided by Us are not targeted towards, or intended for use by persons under the age of 13. By using Our Services, you acknowledge that you are 13 years of age or older. If you are under the age of 13, you may not under any circumstances use the Services provided by Us. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service and/or use of the Services is prohibited, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
• To sign up for the Services, you must register an account (an “Account”). You must provide us with accurate and complete information. Should your personal information change, you must keep your Account information with us up to date. You shall not: (i) Select or use a username of another person with the intent to impersonate that person; (ii) Use as a username, a name subject to any rights of a person or company other than you without appropriate authorisation; or (iii) use a name that is otherwise offensive, vulgar or obscene.
• You are solely responsible for any activity that occurs on your Account, regardless of whether the activities were carried out by you, your employees or a third party such as contractors or agents. You are also responsible for ensuring the security of your Account and passwords. You may never use another person’s Account without their permission.
• You must notify us in writing immediately of any changes to your eligibility to use our Services, breach of the security of your Account or any Services associated with your account. Account information should never be published or distributed.
• You have the ability to close your accounts with us.
• SYDNEY ICT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR BUSINESS OR ANY THIRD PARTY AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNTS SECURE.

2. Content

• For the purposes of these Terms of Service, the term “Content” shall include, but is not limited to, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Services. “Content” also includes all User Content (defined below)
• All content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively known as “User Content”), whether public or private, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided to you is accurate, complete, up to date, and in compliance with all relevant laws, rules and regulations. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damages or loss to you or any other party.
• The Services may contain Content specifically provided by us. Such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
• Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sub licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than the use of the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
• Some Content will be marked on the Service as “Creative Commons Content”. Creative Commons Content will be identified with a Creative Commons icon. We hereby grant each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 4.0 US license, available at https://creativecommons.org/licenses/by-nc-sa/4.0/. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content.

3. Acceptable Usage of the Services

• As a condition of use, you accept to not use the Services for any purpose that is prohibited by these Terms of Service. You are solely responsible for the activity on your account and Services provisioned to your account, and the activity of any sub-users that use your Account.
• COPYRIGHT AND USE OF CONTENT
  • You agree that you will not transmit, distribute, post, store, link or otherwise traffic in Content, information, software or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of others privacy, tortious, offensive, profane, contains unlawful pornography (for example, but not limited to, child pornography), or is otherwise deemed by Us to be inappropriate, (ii) you know is false, untruthful or inaccurate, (iii) constitutes unauthorised or unsolicited advertising, (iv) impersonates any person or identity, including Our Employees or Representatives, or (v) includes identification of any person such as Government issued identification, or financial documentation. Sydney ICT may, at its sole discretion, permit adult websites that abide by Australian Federal and State laws and regulations.
• ABUSE OF SERVICES
  • You shall not: (i) perform any actions on the Service that imposes or may impose (as determined by Sydney ICT) an unreasonable or disproportionately large load on our (or our Third Party Providers’) infrastructure; (ii) interfere, or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to precent or restrict access to the Services (or other accounts, computer or networks connected to the Service); (iv) run any form of auto-responder or “spam” creation or distribution system on the Service; (v) host software with the intent of “crawling” any page or website (known as a “Spider”); (vi) harvest or scrape any kind of Content from the Service; (vii) use the Services for high risk activities, including, but not limited to: operation of Air Traffic Control systems, Life Support systems, Power Generation plants, or any other use where the failure of our Service could result in death, personal injury or environmental damage; or (viii) otherwise take any action in violation of our guidelines and policies.
  • You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services except to the limited extent applicable laws specifically prohibit such restrictions.
  • Accounts must not: (i) run mass downloading services such as, but not limited to, Torrents, Seed Boxes, Usenet; (ii) run TOR services in any form; (iii) run crypto mining software or any software which consumes excessive processor time.
  • The above terms also apply to use of the Sydney ICT Network.
  • Subscribers must not use any methods to circumvent network allocation provisions. You shall only use IP addresses that were assigned to you by Sydney ICT. You shall not utilise methods to circumvent bandwidth allocations.
  • Subscribers may not use the Service to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) key loggers, (ii) flood or mail bombs, (iii) Denial of Service (DOS) attacks, (iv) botnets, (v) or other actions which Sydney ICT reserves the right to determine to be malicious in intent.
  • Subscribers shall not send any form of bulk email utilising their resources on a Shared Resource Service such as cPanel Shared Hosting.
    • Failure to abide by this shall result in suspension of Service until contact can be established with the Subscriber
  • Subscribers shall not send bulk email utilising their resources on a Private Service unless they maintain a list of subscribed members with relevant information, and guidelines or links within emails on how to unsubscribe or be removed from the list as per SPAM ACT (2003) CTH Section 18.
    • Proof of a list must be presented to Sydney ICT upon request.
    • Subscribers must be able to show Sydney ICT their unsubscribe method.
    • Failure to provide any of the above sub-points will result in suspension of the Service until proof can be presented.
  • Subscribers who fail to keep their websites up to date and become compromised will be suspended immediately without warning.
    • You will receive a notification once your website has been suspended, telling you why.
    • Once you prove to us that your website has been fixed and is no longer compromised, we will un-suspend your service.

• ACCOUNT TERMS
  • We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or Government request, (ii) enforce these Terms of Service, including investigation of potential violations, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support request, or (v) protect the rights, property or safety of Us, our users and the public.
  • Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Sydney ICT. Should this activity be detected without notice from the Subscriber, Sydney ICT will have the right to automatically flag all accounts used with the same billing information as fraudulent or abusive.
• REMEDIAL ACTION
  • Subscribers shall notify Sydney ICT if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by Authorities and/or Sydney ICT to remedy the security breach.

4. Third Party Services

• The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. It is your responsibility to protect your system from items such as viruses, worms, Trojan horses and other items of a destructive nature.

5. Billing

• Sydney ICT accepts all major credit cards and debit cards. Pre-paid debit cards are not accepted.
• You may organise other forms of payment by contacting Sydney ICT at info@sydneyict.net.au
• We use a third-party for payment processing. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. You can find more detail about how your payment information is treated within our Privacy Policy.
• The terms of this Agreement shall be monthly, unless otherwise organised with Sydney ICT, and will commence the date the Subscriber signs up. Payments must be made in AUD (Australian Dollars). Other currencies are not accepted. Subscribers are billed on their anniversary day each month unless otherwise organised with Sydney ICT.
• Subscribers have invoices generated seven (7) days prior to their due date.
• If a Subscriber does not make payment within five (5) days after the due date, the account will be deemed in arrears.
• Should a subscribers account fall into arrears, Sydney ICT will automatically suspend the account five (5) days after the due date. Sydney ICT will send no more than three (3) overdue reminders to the Subscriber between the due date and five (5) days after.
  Subscribers services will cease to function after 5 days of non-payment.

6. Payment

• The Customer agrees to pay all amounts due in clear funds within the agreed timeframe but no later than 30 days from the due date.
• The Customer agrees that if it fails to pay in accordance with this clause, Sydney ICT may:Charge a late payment fee of $50.00 on all amounts paid after the due date;
  • Charge interest on debts at 15% per annum from time to time;
  • Charge a dishonour handling fee in the amount of $25.00;
  • Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;
  • Withhold supply;
  • Sue for the money owing on the Goods or services provided.
• Failure to comply with clause 6.1 will constitute a breach of contract and Sydney ICT may treat the whole Agreement as repudiated and act accordingly.
• In the event this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amount due.
• Purchase of equipment, hardware or technology devices must be paid in full. We will not send, ship or deliver any products that have not been paid for in full unless otherwise agreed in writing.
• Projects and quotes that are accepted must adhere to our Payment Progress Policy. The following details outline how our policy works:
  • Projects and quotes under five thousand dollars ($5000) AUD must be paid for in full, unless otherwise agreed to in writing by a senior representative of Sydney ICT.
  • Projects and quotes between five thousand dollars ($5000) and thirty thousand dollars ($30,000) AUD require two (2) payment progressions. A deposit at the beginning of the project before any works commence, and the final payment at the end of a project, once the client has signed off on the project and agrees to close off on the project.
  • Projects and quotes upwards of thirty thousand dollars ($30,000) AUD will require a payment progression plan in place, in which the client will be provided with a payment schedule that outlines the milestones required to be completed and signed off on by the client, which will then need to be paid to continue the project. This schedule varies depending on the size and complexity of the project and will be provided to the client upon acceptance of the quote to agree to and sign off on.
  • In the event that a client impedes access to the site within 7 days of the agreed-upon commencement date, and thereby causes a delay in the initiation of the project, Sydney ICT reserves the right to levy an additional progress payment. This charge is to cover incurred labour and associated costs resulting from the delay. The aforementioned progress payment shall be considered as a part of the total project cost and will be due for payment in accordance with the terms stipulated in the issued invoice.

7. Default

• If the Customer:
  • Fails to pay for any Goods or services on the due date; or
  • Otherwise breached this agreement and failed to rectify such breach within seven day’s notice; or
  • Cancel delivery of Goods or services; or
  • Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or
  • Allow a judgment or order to be enforced or become enforceable against the Customer’s property; or
  • Permits proceedings to be commenced to wind the Customer up or controller, receiver, administrator, liquidator or similar officers appointed to the Customer in respect of any part of its property;
• then Sydney ICT may enter upon the Customer’s premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at any time and re-take possession of any or all of the Goods Sydney ICT has supplied to the Customer and:
  • Resell the Goods concerned;
  • Terminate the agreement; and
  • Sue for any monies owing.
• The Customer will be in default if the Customer does not pay any monies payable when called upon so to do the Customer and the Guarantor(s) jointly and severally acknowledge and agree that Sydney ICT is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both.
• The Customer and the Guarantor(s) jointly and severally authorise Sydney ICT to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
• Sydney ICT reserves the right to report a Customer’s delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition Sydney ICT may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day Sydney ICT refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.

8. Warranties

• We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
  • which Subscribers gain access to the Services;
  • what Content you access via the Services; or
  • how you may interpret or use the Content.
• TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
• THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE SERVICES ARE ERROR FREE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. SYDNEY ICT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SYDNEY ICT NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND SYDNEY ICT HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL SYDNEY ICT WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.

9. Limitation of Liability

• IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF SYDNEY ICT HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SYDNEY ICT WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST SYDNEY ICT ARISING OUT OF SUBSCRIBER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF SYDNEY ICT’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
  IN ADDITION, YOU AGREE THAT SYDNEY ICT IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT SYDNEY ICT WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL SYDNEY ICT, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF SYDNEY ICT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Backups

• Subscriber is solely responsible for the preservation of Subscriber’s data which Subscriber saves onto its virtual server or cPanel account (the “Data”). EVEN WITH RESPECT TO DATA AS TO WHICH SUBSCRIBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY SYDNEY ICT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYDNEY ICT SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. SYDNEY ICT SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF SUBSCRIBER’S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON.

11. Indemnification

• YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

12. Termination and Access

• Sydney ICT reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. Sydney ICT may provide prior notice of the intent to terminate Services to you if such notice will not, in Sydney ICT’s discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Sydney ICT before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Sydney ICT’s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disputes

• If the Customer disputes any Goods sold or services supplied by Sydney ICT are faulty, defective or disputes the Invoices the Company has issued, the Customer must notify their reasons in writing to Sydney ICT within 7 days of the Invoice date, failing which the Customer loses any right to dispute the quality of the Goods, services or quantum of.

14. Dispute Resolution

• Mindful of the high cost of litigation, you and Sydney ICT agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Sydney ICT (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Sydney ICT, PO BOX 403, Richmond, New South Wales, 2753, Australia or (2) to you at: your last-used billing address or the billing and/or shipping address in your Account information. Both you and Sydney ICT agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

15. Metadata Collection

• Sydney ICT must collect and store metadata relating to our services as per the Telecommunications (Interception and Access) Act 1979. We do not collect and store, for example entire emails; we only collect the “headers” of emails which tell us who sent an email, who the recipient was, date and time, and IP addresses. The actual content of the email is never captured. More information about this can be found under our Privacy Policy.

16. Changes to this Document

• This Terms of Service document may be modified from time to time, so please review it frequently. Changes to our Terms of Service will be posted on the Site and we recommend that you review our Terms of Service regularly to ensure you are aware of any changes made to it. A user is bound by any changes to our Terms of Service when he or she uses the Services after such changes have been first posted. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Please check our Terms of Service each time you use our Site for the most current information.