Clickwork

Web Hosting

Definitions
"Clickwork" is Clickwork web + design + Multimedia  and it's employees, officers, agents, and affiliates.
The "Agreement" means Terms and Conditions and the details on the Application for Clickwork Account.
The "Clients" and/or "Client(s)" refers to all other persons, companies, or other entities identified on the Application for Clickwork Account.
The "Services" and/or "Goods" means the computing and communication Services known as Hosting on the Clickwork Virtual Private Server (VPS) or as Hosting on the Clickwork Dedicated Virtual Server (DVS) as modified from time to time.
Application and Variation of these Terms
These terms and conditions are the terms on which Clickwork provides Services or goods to its Clients, modified by any written particular contract between Clickwork and its Clients. The provisions so modified constitute the agreement in its entirety and supersede prior agreements, excluding specific contractual requirements and contracts including Services Level Agreements (SLAs).
Clickwork may modify these provisions as applying to any agreement, the pricing structure for any Services (excluding term contracts) or the terms of the operation by general notice at http://www.ten-four.com.au/hosting.html, and by email newsletter to the last email address provided to Clickwork by the Clients. The Clients is required to keep their contact details with Clickwork current. Any use of Services will constitute acceptance of these terms.
Clickwork is a reseller of hosting services provided by Clickwork Host.
1. Agreement
This agreement represents the complete agreement and understanding between Clickwork and it's Customer, and supersedes any other written or oral agreement. Please read the following terms and conditions carefully since they govern your use of Clickwork's network and servers. By accessing this network and any of the equipment therein, you agree to be bound by the terms and conditions below. 
2. Acceptable Use Policy (AUP)
Clickwork's services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any International Agreement or Australian regulation is prohibited.
A. Customer agrees not to allow Clickwork's equipment and services to be used for activities specifically prohibited by Clickwork Host's Acceptable Use Policy (AUP). It is the Customer's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Customer's responsibility to regularly check for updates at: URL: http://www.Clickwork.com.au/terms-and-conditions.html . Customers must not allow Clickwork's resources to be used for:

  • Any criminal or illegal activity 
  • No phishing Websites 
  • Unlicensed distribution of copyrighted materials 
  • Material that is defamatory or threatening 
  • Customer shall not engage in SPAM (distribution of unsolicited emails) 
  • Hacking, network scanning 
  • Child pornography, Animal Abuse 
  • Virus distribution 
  • Any Other Notified (in writing) Disallowed Service/s as specified by Clickwork

Clickwork will be the sole arbiter as to what constitutes a violation of these content provisions. Content which is deemed not within the AUP will be removed without prior notice to the Subscriber, and may result in the Subscriber's account being suspended.
B. Customer agrees to compensate Clickwork for any expenses Clickwork may incur resulting from Customer's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $145 inc. GST per hour during normal business operating hours. Emergency investigations are charged at $249 inc. GST per hour with a one hour minimum.
C. Customer is responsible for any activity conducted on their allocated server hosting space, including unauthorised activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Clickwork will endeavour to assist Customers but Clickwork is not responsible for protecting Customers from hackers and their actions and use of Customer's server/s.
Clickwork does not issue refunds for terminated service due to suspected AUP violations.
3. Payment of Services
A 12 month Hosting plan is charged at a minimum of $10 per month, for basic Hosting without any add-ons.
Payment for all Services are due before the annual anniversary of the services and payable before the invoice due date. The Client must pay all amounts billed in accordance with the payment terms. The payment & Service term is for a period of 12 months.
Any questions regarding the charges on an account must be raised by the Client, within 7 days of the billing date. If a charge is being disputed, the Client may withhold the disputed portion whilst it is investigated.
However non-disputed charges may not be withheld. Client must ensure Clickwork have received funds by the due date to avoid suspension and/or termination of our products and Services.
In the event of cancellation of account or service(s) charges will continue until the end of your 12 month term.
Data protection is the responsibility of the customer. Please ensure you have taken every precaution and implemented safe means of backup of your information.
Subscribe to a back up plan/service (Data backup is an add on service available through Clickwork) or organise to back up to your local machine or third party.
Suspended accounts will be sent to Clickwork debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be claimed on the Client.
4. Support
Clickwork is committed to providing the best client support and provide the following: e-mail support services and live on line chat via skype operating twenty-four (24) hours a day, (7) days a week and a phone support service available 9 am - 5 pm EST Monday - Friday.
Standard SLAs apply for each plan and a specific SLA may be included in some contract as an option and/or for tailored plans. Any client experiencing difficulties or issues with any Services or products is required to notify Clickwork of the issue immediately.
Clickwork SLA provisions apply upon notification of an issue. When Clickwork is not notified of a problem, no allowances will be made, as no reasonable opportunity was given to resolve the issue. Clickwork is not responsible for, and will not support, client's hardware and software issue, and for their connectivity through their own providers.
5. Server Management
Clickwork may provide tools to help Clients manage their hosting space. Clickwork does not offer support Services related to the use and setup of those tools, unless set up or managed by Clickwork. In some instances Clickwork does not manage its Clients hosting space and as such, Clients will remain solely responsible for software upgrades, optimisation, configuration and resolving technical issues unless a prior agreement has been made in writing where the terms of the support will be laid out.
6. Charges
The Services is a subscription service payable in advance. The Clients must pay for all goods and Services by the due date. The Clients must pay for all data charges and other amounts incurred by the Clients or its Users or incurred as a result of any use of the Clients Account and Services (whether authorised or not) in accordance with the billing option selected by the Client. In addition, the Clients may be liable for all charges and expenses incurred by Clickwork resulting from any security breach or attack or Clients error that involves the Client's server(s), or network configuration, including IP addresses.
7. Price variation
Price increase may only apply to existing Clients when new options are subscribed to or when modifications are made by the Client. Clickwork is not responsible for giving notice to its existing client when prices change and may do so upon notification from the client, 7 days prior to the renewal date. This provision excludes Services available on special offers.
8. Costs incurred to the Client
To benefit the Services, it is the Client's responsibility to provide and pay for:
the installation and use of telephone lines and all other equipment needed to access the Services at their own cost;
all government taxes, duties and levies (if any) imposed on the Clients or Clickwork in respect of any Services or goods supplied excluding income tax.
9. Termination
Clickwork may terminate Clients account at any time. Clickwork will cancel your account at our discretion to (including but not limited to):

  • Protect the stability or our infrastructure.
    Comply with applicable laws, government rules or requests of law enforcement
    Avoid liability of Clickwork and its related third parties.

Clickwork reserves right to terminate your account if Clickwork find that our clients or their users have been processing, transmitting (uploading or downloading), distributing or storing material in violation of any applicable law, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or that is obscene, threatening, abusive or hateful.
Terminating an account:
Clients may terminate their account if

  • it is paid in full, and;
  • it does not breach the contractual term between Clickwork and the client, and;
  • Clickwork is notified 14 days prior to the renewal date

a "Money Back Guarantee" provision is mentioned in the contract and that Clickwork is notified within the numbers of days specified in that provision.
Upon the termination date, all Services, and information belonging to the account will be deleted, and the legal contract between Clickwork and the client will end.
10. No-Contracts policy
Clickwork has a No contracts policy. This means that Clickwork's Clients can, at any time, choose to terminate their contract at their next payment due date (see "Termination". Clients are advised to consider that when choosing their payment option. Clickwork will not refund those Clients who choose to terminate their servers before their next payment due date.
11. Spam and Commercial e-mail
Clickwork will consider SPAM, at its discretion, any unsolicited communication originating or transmitting via its infrastructure. Clickwork reserves the right to suspend any account while appropriate actions are taken. If it is found that Clients deliberately send unsolicited communication, Clickwork may terminate their account and may not refund the Client.
Clickwork may charge, at its discretion, a Client sending or transmitting unsolicited communication, to cover any potential cost to Clickwork caused by such communication. Clickwork reserves the right to refuse to provide any Services to know spammers.
12. Privacy
This provision complement Clickwork Privacy Statements, available on the Clickwork website. Clickwork will not reveal, sell, or in any way divulge information about the Clients or the usage of the Clients to any individual, business, marketing, or research group without prior consent of the Clients or without legal warrant.
13. Client's content and related risk
The Client accepts responsibility for all information and material issued by the Clients over any Services provided by Clickwork, and agrees to indemnify Clickwork against any liability in relation thereto. In particular the Client undertakes that it shall not publish, distribute or issue any information that is illegal, including copyrighted materials. The Client also acknowledges that Clickwork may not vet or approve any information or material available through any Services and that Clickwork does not accept any liability. To the full extent permitted by law the Clients accesses and uses such information and material at their own risk. 
14. Suspension of Accounts and Services
Clickwork may, for reasons other than payment, suspend any Services or disconnect or deny the Client's access to any Services (reasonable notice will be given to Clients when possible):
During any technical incident, modification or maintenance involved in the Services where Clickwork will make every effort to reduce the suspension of the Services to its minimum; or
If the Client fails to comply with any provision under this agreement or with any specific contract between Clickwork and the Client, or with any applicable legislation (including failure to pay outstanding charges when notified), and/or when the breach does, or allows to be done anything which in Clickwork' opinion may have the effect of jeopardising the operation of any Services. In such cases, the Client remains liable of any charges due during the suspension period. When the breach is remedied (if can be remedied), the suspension will end.
Notwithstanding any suspension of any Services under this clause the Clients shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.
15. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding Clickwork' Services in any way which is to be used for competitive purposes in relation to the Services.
16. Clients' Rights, Responsibilities and Duties
The Client cannot transfer, or dispose of, its rights under any agreement with Clickwork without the prior written consent of Clickwork. Clickwork may transfer the Client's rights and responsibilities under this assignment to another party, found by Clickwork to be able to fulfil the Client's responsibility and duties toward Clickwork and the Services it provides under any agreement, with 30 days written notice.
17. Governing Law
This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts. It is illegal to view certain types of information (notably types of pornographic material) in Australia.
Clients may not break any laws while using partially or entirely the Services provided by Clickwork. The availability of such material on the Internet is beyond Clickwork' control. Clickwork may act, without the Client's consent, when notification concerning a Client has been given by any applicable Law Enforcement Agencies.
18. Provision of Services
Clickwork endeavours to provide continuous uninterrupted Services at all times; the Services provided to the Clients is not fault free and relies on factors outside the control of Clickwork and for which Clickwork cannot and does not accept liability. The Services is provided to the Clients at such times and means as Clickwork decides under the provisions of its 99% uptime commitment.
19. Liability (exclusion)
Except as provided in this agreement, Clickwork is not liable to the Client or any other person for:
any cost, loss or liability (including loss of profit or other consequential damage) arising from Clickwork' supply or failure or delay in supplying Services.
the content, context, or confidentiality of any communications made using the Services. Clickwork does not provide support for third party software, including software downloaded from the Internet. Clickwork are not responsible for maintaining or authoring the Client's server. Once the Client's account has been set up, it is the entire responsibility of the Client to manage their Server.
20. Liability (limitation)
Except as provisioned below, all provision, warranties, undertakings, inducements and representations relating to the provision of any Services or goods are excluded and Clickwork will not be liable for any loss or damage (including consequential loss or damage) Clickwork caused (whether by negligence or otherwise) in respect of any Services or goods inclusive of any software material. Clickwork's liability for any breach of such implied term or warranty will be limited at Clickwork's option or in any way permitted by the legislation including where so permitted:
Where the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
Where the breach relates to Services: the supplying of those Services again; or the payment of the costs of having those Services supplied again.
21. Backups and Information Security
Clickwork is committed to Information Security. That includes protecting the Confidentiality, Integrity and Availability of the Client's information. As such, Clickwork maintains controls in place to reach the upmost level of Information Security, including but not limited to, fully redundant systems and infrastructure. Even though Clickwork will do its best to ensure the security (including availability of the Client's information),
Client's make use of Clickwork's Services is at their own risk. Clickwork is not responsible for files and data residing on Client's account. Clickwork offers hosting add-on options such as user-managed back up and snapshot to help clients managing the security of their information.
Clients agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times. Ultimately Clickwork cannot be held liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.
22. Indemnity
The Client shall indemnify Clickwork against all claims, expenses, damages, or other liabilities arising directly or indirectly from processing, transmitting, supporting, promoting, storing, accessing of obscene, defamatory, illegal, or offensive material, or causing grief to any other thirds party using the Services and goods provided by Clickwork. Accessing you server includes that you understand, agree and are bound by this indemnification.
The Client shall indemnify Clickwork against any loss (including any loss of profit) incurred by Clickwork as a result of any breach of the terms of any agreement with Clickwork including damages in respect of any period up to and including the date of actual termination.
Should Clickwork be notified of a pending law suit, or receive notice of the filing of a law suit, Clickwork will enforce the Client's obligation to indemnify Clickwork. Client's failure to do so may be considered a breach of this agreement and may trigger further measures being taken.
23. Bandwidth Usage/Disk Space
Clickwork clients are responsible to upgrade their account and monitor their account usage. Clickwork, will bill clients any extra usage at the rate specified. Basic hosting accounts include 2GB of bandwidth per month & 1GB of Disk Usage, 2 MySQL Databses, unlimited email accounts.
Clickwork reserves the right to suspend its clients' account, after notification and if no further arrangements are made, when usage is in excess of 50% of the original allowance. All allowance are given on a monthly basis and cannot be carried over to the next month unless otherwise specified in the particular contract.
24. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited and constitutes a breach of this agreement.
25. Scripts
Clients are free to use any Scripts (including CGI Scripts) provided with their account or add any additional ones they require. Any Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. Scripts interacting with Services provided by Clickwork are not allowed unless explicitly permitted by Clickwork.
26. Backups
Clickwork performs backups on its systems on a regular basis and ensures its entire infrastructure is fully redundant. Clickwork makes every effort to insure that these backups and redundancies are kept valid. Clickwork assumes no liability for any information published to any server including all Client's content, related files, backup files, databases or mail belonging to any Client.
Clickwork does not backup up, and therefore may not restore, any particular Virtual Private Server when the client's have not subscribed to backups and without a written contract to do so.
Because the Clients have full control over most aspects of their Hosting Space, Clickwork assumes no liability in the operation or reliability of Clients' servers other than hardware failure.
At no time shall Clickwork assume any liability for lost client's content. It is the responsibility of Clients to insure that they maintain their own copy of any materials placed on Clickwork Infrastructure, or in the event Clickwork is unable to restore Clients content from backup.
27. Disaster
A disaster is defined as unforeseeable Acts including but not limited to fire, flood, earthquake, storm, hurricane, war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone Services.
Where Clickwork or its related third parties, including its clients are unable, wholly or in part, due to a disaster, to carry out any obligation under this Agreement, and:
prompt notice of that disaster, including the probable extent to which it will be unable to perform or be delayed in performing that obligation, is given;
all possible diligence is used to mitigate or recover from that disaster as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations; contractual requirements may be suspended or void for all parties.
28. Severability
The client agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.