Terms & Conditions

1. This agreement commences when Administry accepts the Customer’s order to proceed and continues until terminated by either party in accordance with this agreement.
2. Where applicable Administry agrees to use its best endeavours to provide Internet Access to the Customers Website. The Internet Access will be generally available 24 hours a day, seven days a week, except for service maintenance times, of which Administry will endeavour to notify the Customer in advance. However, Administry does not warrant that the service will be uninterrupted or error free. Hosting is provided 24/7 provided there are no interruptions, software failures or power cuts. Such cases have been less than 1% in the past 2 years and with the recent upgraded of hosing software we anticipate it being less. In such an event of failure beyond our control, (power, provider connections or telstra) we will endeavour to keep you updated. In the event of your website or database failure we will be on hand normal business hours to attend to its correction. Should you wish a mission critical or sub critical service we can offer a 24/7 service costed to suite your requirements.
3. Hosting charges are subject to change by Administry. Administry shall give not less than 30 days written notice to the Customer of any changes
4. The Customer agrees to pay the Charges according to the terms of payment schedule as presented with each proposal. Where no proposal or payment schedule is provided, the terms of payment shall be 14 days from date of invoice.
   A typical payment schedule will be payment of 1/3 of the total project before commencement of the work and than weekly or monthly payments as work is progressed.
   It is understood that all copyright and ownership of work done by Administry remains the property of Administry. Once full payment has been received for the system Administry grants the customer a non-exclusive licence to use the system provided under the contract. The deployment of the system may require licences for third party software. If the system is hosted by Administry the client will not be required to purchase licences for this third party software. If Administry does not host the system the client may be required to purchase licences for the third party software.
   The use and operation of any system created by Administry before payment has been made is at the total discretion of Administry.
5. Payments can be made by either credit card, cheque or direct credit. The Customer authorizes Administry to disclose the Customer’s credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details and to determine whether there is sufficient credit available in the account.
6. For hosting services the Customer is responsible for providing and paying for all telephone lines (including, where applicable, ISDN lines), modems, hardware and software and all other devices necessary to access the service and all telephone call charges.
7. The Charges are GST inclusive and the Customer will bear all taxes and duties.
8. The Customer must release and indemnify Administry and its suppliers from and in respect of any liability, loss, damage or expense suffered by Administry as a direct or indirect result of the use of the Internet Access, including without limitation the transmission of any illegal, fraudulent, or abusive material or any claim made against Administry by any of its suppliers.
9. The Customer warrants that the information supplied by the Customer in relation to the Internet Access is true and correct.
10. Advice, software and information given by Administry is given in good faith but Administry is not required to provide such under this agreement. Subject to this agreement, Administry shall not be responsible for loss occasioned by the Customer in reliance thereof.
11. THE CUSTOMER USES THE HOSTING SERVICE AT THE CUSTOMER’S OWN RISK. Administry DOES NOT MONITOR OR CHECK THE CONTENT OF THE SITE TO BE HOSTED. ILLEGAL, IMMORAL OR OFFENSIVE MATERIAL OR SOFTWARE VIRUSES. Administry SHALL NOT BE LIABLE WHATSOEVER FOR ANY SUCH MATERIAL UNLESS IT IS KNOWINGLY INTRODUCED BY Administry.
12. SUBJECT TO THIS AGREEMENT: (a) ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS WHICH ARE NOT EXPRESSLY PROVIDED OR INCLUDED IN THIS AGREEMENT ARE EXCLUDED FROM THIS AGREEMENT; AND (b) Administry ' MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE
13. Administry’ LIABILITY IS ENTIRELY EXCLUDED FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS, CORRUPTION OR DESTRUCTION OF DATA OR FOR ANY OTHER TYPE OF INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER.
14. This agreement includes terms implied by any statute which cannot be lawfully excluded, including those implied by the trade practices act 1974 (cth) and corresponding state and territory Legislation. However, in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Administry’ liability for breach of those terms (other than section 69 of the trade practices act and corresponding state and territory legislation) will be limited, at its option, to any one or more of: (a) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and (b) in the case of services, supplying the services again or payment of the cost of having the services supplied again.
15. If the Charges are not paid to Administry by the due date, then where applicable Administry may immediately suspend or disconnect the Internet Access. Administry may immediately suspend or disconnect the Internet Access if the Customer’s nominated payment method is refused or dishonoured by the Customer’s nominated financial institution. Further, Administry may suspend Internet Access while investigating any complaint of illegal or abusive behaviour and may monitor or limit the Customer’s Internet Access if required by direction of a competent law enforcement official.
16. Either party may, on giving 24 hours’ written notice to the other party, terminate the hosting agreement without cause. If Administry terminates the hosting agreement pursuant to this clause, the Customer may apply for a pro-rata refund of any pre-paid Internet HOSTING charges, but Administry s will have the right to levy a reasonable fee for any costs incurred as a result of the early termination of this agreement including charging for the period of pre-paid Internet HOSTING at the rates appropriate for the limited period actually used.
17. Notwithstanding any provision in this agreement, this agreement may immediately be terminated by Administry: (a) in the event of the Customer in Administry s’ reasonable opinion committing abusive behaviour; (b) if the Charges are not paid in accordance with this agreement; or (c) if there is a significant change or likely significant change in the Customer’s financial position including without limitation bankruptcy, insolvency, a winding-up application or the appointment of a receiver.
18. Where applicable Administry reserves the right to suspend the Internet Access in an emergency if Administry considers it necessary to do so to safeguard the provision of services to other customers or for any other reasonable reason.
19. Where applicable Administry may without notice delete any e-mail sent to the Customer if the e-mail is greater than 2 megabytes or if all of undeleted e-mails are greater than 10 megabytes. Administry may also without notice delete any e-mail if the e-mail has not been deleted within 90 days of becoming available to the Customer.
20. Administry reserves the right to delete the Customer’s personal files and e-mail at any time after suspension or termination.
21. Where applicable the forbearance on the part of Administry from terminating Internet Access on the first date Administry is entitled to do so shall not constitute any waiver of Administry’s rights to maintain strict time limits including without limitation for payment and insisting upon standards of Customer behaviour pursuant to this agreement.
22. Administry will not be responsible for any delay or failure to perform caused by acts beyond its control including but not limited to acts of God, wars, strikes, natural disasters, failures of any other carrier and network operator's services and interruptions to power supply.
23. This agreement contains the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations warranties (other than warranties set out in this agreement), or commitments in relation to the subject matter of this agreement are superseded by this agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect to those matters. No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this agreement or constitute a collateral agreement, warranty or understanding between the parties.
24. The Customer must not assign or purport to assign any of its rights or obligations under this agreement without the prior written consent of Administry. Administry may assign or novate any of its rights or obligations under this agreement and the Customer shall be deemed to have consented to such assignment or novation.
25. Administry may, from time to time, make reasonable variations to these terms and conditions if necessary to comply with any contract, regulatory requirement or on reasonable commercial grounds.
26. The Customer and Administry agree that the laws of NSW shall govern this agreement and each party irrevocably submits to the jurisdiction of NSW courts and tribunals.