Blacklight Productions (“Blacklight Productions Pty Ltd”) STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES (“STANDARD TERMS”) 1.APPLICATION OF THESE STANDARD TERMS 1.1 A person or company that accepts an order from Blacklight Productions for the provision of internet services (“the Services”) enters into a binding legal agreement with Blacklight Productions (“User Agreement”) which consists of: the order; these Standard terms of Service ; and the Service Level Agreement which can be viewed at http://www.web24.com.au/web24/205/service_level_agreement.html. 1.2 By, accepting the order, the Customer agrees to be bound by the User Agreement. 2. INTERPRETATION 2.1 In the User Agreement, unless the context requires otherwise: The singular includes the plural and vice versa. A reference to any gender includes all other genders. A reference to a statute means that statute as in force from time to time, and to any statute passed in substitution for that statute. The word “includes” means “includes but is not limited to”. Where one part of speech of a word is defined, other parts of speech of that word have corresponding meanings. A reference to A$, $A, dollar or $ is to Australian currency. If a day on or by which an obligation must be performed or an event must occur is not a business day in the place where it is to be performed, the obligation must be performed or the event must occur on or by the next business day. Headings are for ease of use and reference only, and do not affect interpretation. 3. USE OF THE SERVICES 3.1 The Customer is responsible at its own expense for the provision of all equipment, including computer hardware and telecommunication connections, needed to use and access the Services. 3.2 The Customer must comply with: all laws and all reasonable directions from Blacklight Productions in relation to the use of the Services; and any other reasonable policies Blacklight Productions may notify to the Customer from time to time in connection with the provision or use of, or access to the Services. 3.3 If the Services include hosting services which incorporate material created by third parties, the Customer must obtain, at its own expense, all necessary authorisations for Blacklight Productions to use or reproduce the material to the extent necessary to provide the Services. 3.4 The Customer must not, and must use its best efforts to ensure any person who accesses the Services does not, use or attempt to use, the Services: to infringe the intellectual property rights of any person, including use, sale or transmission of software or other material which infringes copyright; to publish, distribute or issue any information or material which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons; for any purpose or activity which is illegal, or to promote any such activity; to sell or offer to sell pornography or sex-related merchandise; to provide links to another website which contains any content referred to in paragraph (b) or is used for the purposes set out in paragraphs (c) and (d); to interfere with or disrupt Blacklight Productions or its business, other Internet users or other service providers, or their computers, software or hardware, including by the propagation of computer worms and viruses; or to access without authorisation any other computer accessible via the Services. 3.5 The Customer shall take all reasonable steps to ensure that the Customer’s hardware, software or network configuration (including IP addresses) are not used to cause any security breach or attack on Blacklight Productions’s or other Customers’ hardware, software or network configurations. 3.6 The Customer may use CGI-Scripts with the Services, unless Blacklight Productions considers a CGI Script not provided by Blacklight Productions adversely affects Blacklight Productions Server performance or the integrity of the Blacklight Productions computer network. The Customer may not share CGI-Scripts with domains not hosted by Blacklight Productions. 3.8 The Customer must use passwords of a least eight characters, which include at least one of each of a number, an uppercase letter and a lowercase letter, for the purpose of the Services. 3.9 The Customer must ensure that the information it provides to Blacklight Productions is complete, accurate and up to date throughout the period that Blacklight Productions provides Services to the Customer. 6. SUSPENSION OF SERVICES AND REMOVAL OF CUSTOMER CONTENT 6.1 Blacklight Productions may from time to time without notice to the Customer suspend the Services or disconnect or deny the Customer access to the Services if: it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of Blacklight Productions’s computer systems and software; in Blacklight Productions’s reasonable opinion, it is required by law to do so; or in Blacklight Productions’s reasonable opinion, the Customer’s use of the Services adversely affects Blacklight Productions Server performance or the integrity of the Blacklight Productions computer network. 6.2 Blacklight Productions may in its absolute discretion suspend the Services or disconnect or deny the Customer access to the Services if: the Customer breaches the User Agreement; the Customer provides Blacklight Productions with false, incomplete or out of date information; or a Customer’s Account is more than 15 days in arrears. 6.3 Services suspended under paragraph 8.2 will not be reinstated until the breach is remedied if capable of being remedied, or the account and interest is paid in full, and a fee of $25 for the administrative costs of reinstatement is paid. 6.4 Blacklight Productions shall compensate the Customer for suspension of service pursuant to paragraph 6.1(a) only, in accordance with the Service Level Agreement. 6.5 Blacklight Productions may remove Customer Content in accordance with its Removal of Customer Content Policy available here http://www.web24.com.au/web24/257/site_content_policy.html 7. WARRANTIES AND LIMITATION OF LIABILITY 7.1 Blacklight Productions does not give any express warranties in relation to the Services, including warranties that: Customers will have continuous access to, or usage of the Services; or data stored on Blacklight Productions Servers will not be lost or corrupted; it will be possible to restore Customer Content from Blacklight Productions’s back up media; or it will be able to prevent unauthorised persons obtaining access to Customer Content. 7.2 Any condition or warranty which would otherwise be implied into this User Agreement is excluded, unless it would be unlawful to do so. 7.3 Blacklight Productions’s liability to the Customer in relation to the Services on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following: the supplying of the Services again; or the payment of the reasonable costs of having the Services supplied again. 7.4 The Customer acknowledges that Blacklight Productions does not and cannot control, supervise or edit any information or material accessed through the Services and that Blacklight Productions is not responsible for any content or information accessed via the Services. 8. TERMINATION 8.1 Either party may terminate the User Agreement by giving notice to the other if the other commits a material breach of any provision of the User Agreement which: can be rectified, and fails to rectify the breach within thirty days of notice being given by the party alleging the breach, describing the breach and the action which must be taken to rectify it; or cannot be rectified. 8.2 Blacklight Productions may terminate a User Agreement by giving notice to the Customer if the Customer knowingly provides false or misleading information to Blacklight Productions. 8.3 The Customer may terminate a User Agreement by giving Blacklight Productions notice at least two business days before the end of any period for which the Customer has paid for provision of Services (“Paid-up Period”) with effect from the end of that Paid-up Period. 8.4 Blacklight Productions may terminate a User Agreement by giving the Customer notice at least twenty one days before the end of a Paid-up Period, with effect from the end of that Paid-up Period. 8.5 If the User Agreement is terminated by Blacklight Productions under paragraph 8.1 or 8.2, all outstanding Charges will become payable upon the giving of notice of termination. 8.6 Blacklight Productions is not required to refund any prepaid Charges, unless the User Agreement is terminated by the Customer under paragraph 10.1. 9. SUB-CONTRACTS 9.1 Blacklight Productions may sub-contract the performance of its obligations under the User Agreement without obtaining the Customer’s consent. 9. VARIATION OF USER AGREEMENT 9.1 Blacklight Productions may modify the User Agreement (including by varying the Services or the Prices) by email sent to the last email address provided to Blacklight Productions by the Customer, or by changing a renewal order. Modifications shall not take effect until the later of the day following the last day of the Customer’s current Pre-paid Period, or thirty days after the Notice of Modification is given. Any use of the Services after the date on which modification takes effect will constitute acceptance of the modification. 9.2 The User Agreement may only be modified by a written agreement between Blacklight Productions and the Customer, or in accordance with paragraph 9.1. The User Agreement and any such written agreement constitute the entire agreement between Blacklight Productions and the Customer. 10. NOTICE 10.1 Any notice issued by Blacklight Productions or the Customer pursuant to the User Agreement shall be in writing. Notices may be delivered by hand, by receipted mail, or by email to the last email address provided to Blacklight Productions by the Customer, or Blacklight Productions’s address as identified on the www.Blacklight.com.au website. 10.2 Notice will be treated as given: in the case of hand delivery, on the date of delivery; in the case of postal delivery, on the date of delivery recorded by the postal authority; in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server, but if the delivery or receipt is not on a business day or is after 5.00pm on a business day in the place where it is received, the notice is taken to be received at 9.00am on the next business day. 10.3 It is the Customer’s responsibility to notify Blacklight Productions of any changes to its contact details. 11. GENERAL 11.1 The User Agreement (and the validity and enforceability of the User Agreement) are governed by and to be interpreted in accordance with the law of the State of NSW in the Commonwealth of Australia, without reference to its conflict of laws rules. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, and the federal courts of the Commonwealth of Australia. The parties irrevocably waive any right they may have to object to those courts exercising jurisdiction on the ground that the court is not a convenient forum. 11.2 If any provision of the User Agreement is illegal, unenforceable or void in any jurisdiction, then, with respect to that jurisdiction only: that provision shall be read down if possible so that it is no longer illegal, unenforceable or void in that jurisdiction; and if it is not possible to read down that provision, it shall be severed from the remaining provisions of the User Agreement, with respect to that jurisdiction only. 11.3 No act or omission by a party shall constitute a waiver of any of its rights under the User Agreement, other than an express waiver of those rights in writing signed by the party to be bound. 11.4 The User Agreement supersedes all prior agreements and understandings between the parties, and constitutes the entire agreement between the parties relating to the subject matter of the User Agreement.
