------------------------------------------------------------------------ S T A N D A R D T E R M S & C O N D I T I O N S O F T R A D E for Internet Hosting Services ------------------------------------------------------------------------ version 1.4 prussia.net 15 March 2002 ABN 15 148 757 893 33/27-51 Palmer Street Woolloomooloo NSW 2011 Australia PREAMBLE These are the Standard Terms and Conditions of Trade under which prussia.net supplies Internet hosting services under the prussia.net brand or otherwise. These Terms and Condition apply to you as a user of the Service. Please read this document carefully as it outlines your rights and obligations as a Client of the Service. It is a condition of your use of the Service that you comply with these Terms and Conditions. 1. DEFINITIONS 1.1. The "Provider" refers to prussia.net, ABN 15 148 757 893. 1.2. The "Service" refers to the provision of any and all services which may be categorized as "Internet hosting", including web hosting, email hosting, shell (command line) accounts, ftp, and ongoing e-mail support. 1.3. The "Client" refers to any individual, business or group subscribing to the Service. 1.4. "Service Package" refers to a specific list of Services selected by the Client. A specific Service Package is identified by its item number, for example "pnh00901". 1.5. The "prussia.net website" is the site on the World Wide Web accessible through the URL http://www.prussia.net/. 1.6. In this document, "we" refers to the Provider, and "you" refers to the Client. 2. APPLICATION AND VARIATION 2.1. These Standard Terms and Conditions are the terms under which the Provider provides the Service to the Client. These terms constitute the agreement in its entirety and supersede prior agreements. 2.2. Use of the Service by the Client constitutes an agreement to these Terms and Conditions. 2.3. The Provider will issue to the Client a notice listing the starting date of this agreement, and identifying the Service package selected by the Client. 2.4. This agreement continues until terminated under the Terms and Conditions described herein, or upon 30 days written notice by either party. 2.5. The Provider may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation. Any such modification will be notified to the Client by email and on the prussia.net website. Any use of the Service by the Client after that publication will constitute an acceptance of that modification. 2.6. The Provider and the Client may agree to a variation of these Terms and Conditions. However, any such agreement must be in writing. 3. THE SERVICE 3.1. The Provider will assign to the Client a username and password which will provide access to the Service. We will provide the Client with web, email and other Services as described in the Service package you have chosen and as defined in the description of that package. The Provider has no obligation to the Client to provide any services other than those specifically listed. 3.2. Scheduled Maintenance. The Provider must perform scheduled maintenance to our systems from time to time. We will attempt to perform all scheduled maintenance at times which will affect fewest Clients. If the maintenance procedures require the Service to be offline for more than 15 minutes, we will give notice at least 72 hours in advance via email and on the prussia.net website. 3.3. Unscheduled Maintenance. We may also need to perform maintenance at unscheduled times, due to equipment failure or any other reasonable cause. If the maintenance procedures require the Service to be offline for more than 15 minutes, we will post details of the event within 24 hours of the end of the procedure via email and on the prussia.net website. 3.4. Archiving and Backups. The Provider will archive the Client's data onto our backup systems at regular intervals for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore the data from the last known-good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your website. This process requires that you maintain a recent copy of your data at your premises at all times. 3.5. The Provider will publish any further operational and technical information via email and on the prussia.net website. 4. PAYMENTS 4.1. The Client must pay for the Service as agreed from time to time. In particular, the Client must pay all Service charges incurred by the Client or any designated users, or incurred as a result of any use of your username and password, whether authorized or not, in accordance with the Service package selected. 4.2. All set-up and hosting fees must be paid in advance. Hosting fees are inclusive of any government taxes and charges, including Goods and Services Tax, but do not include any registration or delegation charges imposed by domain name registration authorities. 4.3. The Client is responsible for the provision of and payment for the installation and use of telephone lines and all other equipment needed to access the Service, and all government taxes and charges, duties and levies imposed on either the Client or the Provider in connection with any other services or goods supplied. 4.4 Clients must pay all amounts billed in accordance with the payment terms of the selected Service package or the terms indicated on the invoice, whichever is the lowest of the two. Late payments will be subject to a late payment charge as specified below: Up to 30 days overdue: $10 or 1% of the balance, whichever is greater 31-60 days overdue: $20 or 3% of the balance, whichever is greater 61+ days overdue: $30 or 5% of the balance, whichever is greater Clients experiencing difficulties should contact our office or admin@prussia.net to discuss payment terms. 4.5. If a Client's payments are in arrears, the Provider may suspend the Service without notice. If a Client's payments are more than 30 days in arrears, the Provider may terminate the Service without notice. 4.6. Acceptable payment methods are cash, or direct deposit to the Provider's bank. Cheque payments are only acceptable with prior approval. 4.7. The Client consents to the Provider obtaining a credit reporting agency report containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. 5. WARRANTIES AND LIABILITIES 5.1. The Provider does not warrant that the Service will be uninterrupted or error free, or that the Service will meet the Client's requirements, other than as expressly set out in this agreement. 5.2. Except as expressly provided to the contrary in these Terms and Conditions, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the Provider's liability for any breach of the term will, if permitted by that statute be limited, at the Provider's option, to the resupply of the services again; or payment of the cost of having the services supplied again. 5.3. The Client warrants that at the time of entering into this agreement you are not relying on any representation made by the Provider which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced. 5.4. The Client warrants that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Provider's computer systems does not contain any computer virus and will not, in any way, corrupt the data or systems of any person 5.5. The Client accepts full responsibility for keeping secure any passwords used to access the Service. 5.6. The Client accepts responsibility for all information and material you issue over any Service, and indemnifies the Provider and holds us harmless against any liability in relation thereto. In particular the Client undertakes that you shall not publish or issue any information which is illegal. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk. 5.7. The Client agrees to abide by our Acceptable Use Policy. 5.8. The Client is solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to the Provider. 5.9. Except as provided in section 5.2 the Provider 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 our supply or failure or delay in supplying the Service; or for the content, context or confidentiality of any communications made using the Service. 6. SUSPENSION OF SERVICE 6.1. The Provider may from time to time without notice suspend the Service or disconnect or deny your access to the Service. 6.2. If the Service is suspended for any technical failure, modification or maintenance involved in the Service, the Provider will use reasonable endeavours to restore the Services as soon as reasonably practicable. 6.3. The Provider reserves the right to suspend the Service if the Client fails to comply with any agreement (including failure to pay charges due), or does, or allows to be done, anything which in the Provider's opinion may have the affect of jeopardising the operation of the Service. The Provider may continue the suspension until the breach (if capable of remedy) is remedied. 6.4. Notwithstanding any suspension of any Service under this clause, the Client shall remain liable for all charges due throughout the period of suspension. 7. TERMINATION OF SERVICE 7.1. The Provider may terminate this agreement and the provision of Service immediately and without prior notice if the Client breaches these Terms and Conditions. 7.2. The Provider or the Client may terminate this agreement by giving 30 days written notice to the other party. 7.3. Upon termination of the Service, any outstanding fees shall be payable immediately by the Client. The Client shall not be entitled to any refund of payments made in advance. In addition, the Client is responsible for paying any cancellation fee applying to their Service Package. 7.4. Upon termination of the Service, the Provider may delete all Client data from any storage media. 8. NOTICES 8.1. Any notice served by the Provider to the Client shall be deemed to have been duly served when sent via electronic mail to the Clients's electronic mailbox on the Service, or by post or facsimile to the contact address provided by the Client. 8.2. Any notice served by the Client to the Provider shall be deemed to have been duly served when sent via electronic mail to the Provider's electronic mailbox on the Service, or by post or facsimile to the Provider's business address. 9. MISCELLANEOUS 9.1. The Client grants to the Provider a license to use and reproduce all Client data in order to fulfil the Provider's obligations under this agreement. 9.2. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. 9.3. This agreement and the transactions contemplated by this agreement are governed by the law in force in New South Wales and the Commonwealth of Australia. 9.4. The Client may not assign its rights and obligations under this agreement without the Provider's prior written consent. ------------------------------------------------------------------------ ENDS