Terms of Service
Welcome to BEAMhosting.com.au, the affordable website builder for start up businesses through to SMEs.
By creating an account on BEAMhosting.com.au (“the Service” and “the company”), you (the User) agree to be bound by the following terms and conditions. Please read these Terms and Conditions carefully as they are the terms and conditions that you agree to when using the BEAMhosting.com.au service and the BEAMhosting.com.au website.
BEAMhosting.com.au ("BEAMhosting.com.au") makes the Services on this Website ("Site") including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by BEAMhosting.com.au from time to time (collectively, "Terms and Conditions"). By using any of BEAMhosting.com.au's Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access the Services.
You must be eighteen or over or represented by someone eighteen or over to purchase one of the products or services from BEAMhosting.com.au or use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
BEAMhosting.com.au will never sell, distribute or otherwise use your personal information that what is stated on your site. We have a very high regard for the privacy of our members, and we promise that we will protect any information that you provide during the use of our Services.
3. Trademarks / Copyrights.
You must own the intellectual property (copyright and trademarks) to any material uploaded to our servers. You must be the legal owner of any and all material included on your website, and by using the Services you affirm to abide by this. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Indemnification and Infringement.
If we receive a claim that the use of the content provided by you when used on your website is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us (and our respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us on demand for any payments made in resolution of any liability or claim that is subject to indemnification, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you hereunder in an amount reasonably related to the claim and potential expenses.
4. Account / Chargeback terms
To cancel your account, you must email us at email@example.com
Cancellation must be submitted 2 weeks prior to the rebilling date. All services are billed in advance, and are non-refundable. Websites will be permanently deleted after cancellation. Credit card or PayPal chargebacks will incur a fee of $100 to reinstate accounts. User’s sites that incur chargebacks will be permanently deleted, and domain ownership transferred to BEAMhosting.com.au. You may only hold one account.
5. Rights to Terminate Agreement.
You shall have the right at any time during the Term here of upon written notice to us to terminate this Agreement. If you decide to terminate this Agreement, simply send an email to: firstname.lastname@example.org requesting that this agreement be terminated. In the event of termination, we will not provide a refund of any amounts paid by you.
6. Domain Names.
Domain names may be registered on behalf of the user at the time of Services purchase. If you cancel the service, you can take your domain name with you covering all transfer fees and expenses. If you wish to cancel before that time and take your domain name with you, you must pay a transfer fee of $50.00 (Australian Currency).
- BEAMhosting.com.au will not renew your domain name after cancellation of the Services. BEAMhosting.com.au is not responsible for failed renewals or unavailable domains.
- Upon subscription we will register one new domain OR set up one existing domain per account. Additional domains incur a $20 per up charge.
- We will renew one domain per account per 2 years. Accounts must be fully paid for domains to be renewed. It will be up to the author to supply desired or preferred domain names.
- Domains will not be renewed after cancellation.
- Upon cancellation of your subscription to BEAMhosting.com.au, a $50 transfer fee is required to unlock and the transfer code. It is the responsibility of the user to transfer the domain to a new registrar.
- BEAMhosting.com.au will not be liable for issues related to domains on accounts that have been cancelled, have chargebacks, or have lapsed due to non payment for any period of time.
BEAMhosting.com.au is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Services. BEAMhosting.com.au is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Services. BEAMhosting.com.au assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. BEAMhosting.com.au is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will BEAMhosting.com.au be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and BEAMhosting.com.au expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BEAMhosting.com.au cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
8. Hosting Services.
All Beam Hosted websites are hosted in Sydney, Australia.
BEAMhosting.com.au does guarantee members of the Services an (access) uptime guarantee of 98%. If at anytime BEAMhosting.com.au does not provide this uptime, paying customers only will be eligible for proportioned compensation never to exceed the cost of (1) month of service.
10. CMS & Web Software
You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use BEAMhosting.com.au (which includes its software and documentation) except as explicitly provided for in this agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
11. Email Accounts
You may not use BEAMhosting.com.au to send unsolicited emails. We reserve the right to disable outgoing emails from your account if emails sent from it are marked as spam by recipients.
We reserve the right to limit or disable outgoing emails from your account if you exceed 20,000 emails in a 30 day period. We recommend using other email services such as Exchange or Google Gmail.
12. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will BEAMhosting.com.au be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Services, even if BEAMhosting.com.au has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BEAMhosting.com.au's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BEAMhosting.com.au for the Services during the term of membership.
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Victoria, Australia. For dispute resolution please email us at email@example.com or call 1300 099 795 during office hours.
You are responsible for maintaining the security of your account and password. BEAMhosting.com.au will not be liable for loss or damage due to failure to comply with this obligation. Even though BEAM Hosting websites takes the utmost care and practice into protecting our websites on our web hosting. Additional stronger security applications can be purchased to strengthen the protection, if content is highly sensitive.
As a client of Beam Hosting, it is recommended that you do your own website backups if you are making lots of changes to the website. However, we do provide an automatic backup & virus scan of your website each week. If a site is subject to hacking, security breach and/or data loss. We can retreive your website from a past backup at a fee of $350.
Your use of BEAMhosting.com.au is at your sole risk. BEAMhosting.com.au is provided on an "as is" and "as available" basis. Though we do everything possible to maintain a reliable service, we cannot guarantee that BEAMhosting.com.au will be error free or uninterrupted, and cannot be responsible data loss. Under no circumstances will BEAMhosting.com.au bear any responsibility for any damages arising as a consequence of such unavailability.
You agree to indemnify and hold BEAMhosting.com.au, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
If a breach of these terms results in damages or costs to BEAMhosting.com.au, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.) If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these terms of service shall continue in full force and effect.
Modification, Survival. We reserve the right to change, modify, add to or remove all or part of this Agreement. It is the users responsibility to check for any updates or changes to our terms and conditions of use. You agree to review the Terms and Conditions from time to time. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate this Agreement by written notice to us as provided herein, and your failure to do so within thirty (30) business days of the date of any such email from us to you shall constitute your acceptance of such changes.
This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.
This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
BEAMhosting.com.au reserves the right to transfer or assign any of its rights or obligations under these Terms and Conditions to another person (“new Licensee”) without giving you notice and without any need to obtain your consent (a “Licensee Change”). If you use the BEAMhosting.com.au service and/or the BEAMhosting.com.au website after a Licensee Change you agree that:
- Those rights and obligations which have been transferred to the new Licensee may be exercised and performed by the new Licensee;
- BEAMhosting.com.au is released from performing those obligations which have been transferred to the new Licensee;
- All applicable references in these Terms and Conditions to BEAMhosting.com.au shall be references to the new Licensee; and
- If BEAMhosting.com.au has transferred all of its rights and obligations under these Terms and Conditions then these Terms and Conditions form a new agreement between you and the new Licensee from the date of the Licensee Change.
Further, you agree that BEAMhosting.com.au shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by BEAMhosting.com.au in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.
BEAMhosting.com.au operates from its offices within the state of Victoria, Australia. The Service can be accessed from all states and territories of Australia and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the state of Victoria, by accessing the Service, you agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the state of Victoria and the federal laws of Australia applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the state of Victoria, Australia.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BEAMhosting.com.au regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The delay or failure of BEAMhosting.com.au to exercise or enforce any right available to it under these Terms and Conditions does not constitute a waiver of that or any other right.