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Raines Hosting Terms and Conditions

1. General Terms and Conditions
  1. Raines Internet Solutions does not assume any responsibility for any information not sent or authorised by Raines Internet Solutions.
  2. Raines Internet Solutions does not waive its rights under these Terms unless the waiver is in writing and signed by an authorised representative of Raines Internet Solutions.
  3. It is Client's responsibility to use our service and services in a manner which does not violate any applicable laws or regulations.
  4. Any provision of these Terms that is void, voidable or unenforceable may be severed from these Terms and the remainder of these terms will continue unaffected.
  5. Raines Internet Solutions may amend these Terms and condition at any time without prior notice.
  6. Professional services can be provided by Raines Internet Solutions technical staff which include work outside the scope of general HelpDesk Support and are will be charged at $160.00 for every hour, billed in 15 minute increments exclusive of GST, or at a rate agreed upon by both Raines Internet Solutions and the client.
2. Web Hosting Service (the Product/Service)
  1. Raines Internet Solutions endeavors to supply quality web hosting services with a maximum uptime. In cases where Raines Internet Solutions deems that a customers service has not met an appropriate level of service Raines Internet Solutions will allow the customer to apply for a service rebate of no more than 30% of one (1) month’s access fees.
  2. Raines Internet Solutions will attend to support issues upon notice of the issue by the hosting client technical or administrative contact.
  3. All technical support and billing enquiries can be submitted online via your account. Service Rebate requests must be also be lodged this way. Visit http://myaccount.raineshosting.com for more information. 
3. Service Charges and Payments
  1. Cost will be at the rate of the agreed Raines Internet Solutions plan schedule or quotation.
  2. Invoices shall be issued on the start date for the agreed period and will be payable in 14 days. GST will be applied as is required by the current law. The Customer will pay for the hosting services including set up fees within 14 days of invoice.
  3. Failure to pay in the period of 14 days after an invoice is issued may result in the temporary suspension of services provided by Raines Internet Solutions.
  4. Late payment penalties may apply at the rate of 10% of the total unpaid balance after the first 5 days of outstanding debt. The customer will be issued the first overdue reminder email before any overdue fee is applied. The second reminder email will contain the adjusted balance with the overdue fee applied. A final overdue notice will be issued 12 days after the due date for the invoice.  
  5. Raines Internet Solutions is not liable to you or any other person for any cost, loss or liability including loss of profit or other consequential damage arising from our supply or failure or delay in supplying the Service.
  6. The client agrees to pay for any additional traffic used after their included traffic quota is reached as specified per contracted plan or pricing.
  7. Service billing will continue after the duration of the contract term until the client informs Raines Internet Solutions of their intention to terminate the agreement as described in section 4 of the terms and conditions.
4. Service and Account Termination
  1. Either party may terminate this agreement by giving the other party 30 days written notice of their intention to terminate before the commencement of the next billing period, after completion of the term of contract.
  2. If the client wishes to terminate the agreement prior to the completion of the contract period, the client must pay the contact termination fee outlined for the selected service plan. Prepaid services are not eligible for refund. All pre-paid credit would be lost without any termination penalty fee being charged.
  3. In the event that either party is in breach of this agreement in regard to the services supplied or outstanding debt, then the agreement may be terminated by the non breaching party by giving 14 days written notice of the intention to terminate. If the breaching party is still in breach of the contract after 14 days then termination of the agreement will take place immediately.
5. Hosted Content and Usage
  1. Client accepts responsibility for all information and material hosted wholly or partially on Raines Internet Solutions's infrastructure.
  2. Raines Internet Solutions is not responsible for the content of user originated traffic.
  3. Client will not publish host or store information which is illegal under local, state or federal jurisdiction.
  4. Raines Internet Solutions reserves the right to make any network changes deemed appropriate to ensure quality of service to all clients. If the changes directly affect a particular customers site Raines Internet Solutions will contact the client to rectify the problem immediately.
  5. Raines Internet Solutions endeavours to keep its network free of malicious content and as such can delete, quarantine or deny service to any inbound or outbound email, hosted content or hosted hardware that Raines Internet Solutions deems to be of a malicious nature. This may include but is not limited to; Virus data, Spam, Trojans and compromised hosted systems or vulnerable hardware.
6. Force Majeure
  1. The parties shall not be liable or otherwise responsible for any default or non performance attributable to "Force Majeure" where "Force Majeure" refers to any clause, circumstance or contingency beyond the reasonable control of either party. Such case, circumstance or contingency shall include but not be limited to acts of God, government acts, decrees or restrictions, accidents, wars, riots or civil commotions, fires, storms, floods, strikes, lockouts, other labour problems, court order or contractual restraints, restraints affecting shipping or credit, non arrival or delay of carriers, inadequate or reduced supply or excessive cost of suitable materials or inputs.
7. Agreement and Laws
  1. This agreement constitutes the entire agreement between the parties and any previous agreements, understandings or negotiations shall be superseded and replaced by this agreement.
  2. This Agreement takes effect, is governed by and shall be construed in accordance with the laws of Victoria and the Commonwealth of Australia.
 
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