Terms And Conditions

This is an important document. It sets out the Terms and Conditions on which Control Network Management Services Pty Ltd [ABN 81 117 598 802] (“Control Network Management Services”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a product through Control Network Management Services Store and our Control Network Management Services Control Panel. When you have accepted these Terms and Conditions, they become a legal agreement between you and Control Network Management Services Pty Ltd. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the Control Network Management Services Website and its contents are owned and operated by Control Network Management Services.com Pty Limited (“CNMS”).

Services

1.1These Terms and Conditions cover all Cloud Hosting Services and (if appropriate) Domain Name Services (together or separately referred to as “Services”).

1.2 Cloud Hosting Services: includes:
(a) internet connectivity services (“Bandwidth”),
(b) use of equipment including the server and other equipment used in internet connectivity services (“Hardware”), and
(c) licensing of the associated operating system and web server applications (“Software”), all as detailed and for the Fees set out in the Cloud Plan which Customer has selected.

1.3 Cloud Hosting Service Levels: Control Network Management Services will provide the Services in accordance with the Service Level Agreement applicable to the Plan selected by Customer – Cloud SLA or Cloud SLA.

1.4 Domain Name Services: includes the registration and maintenance of domain names through Control Network Management Services’s preferred domain name registrar’s (Melbourne IT & TPP Wholesale) for top level domains (“TLD’s” and gLTD’s

Domain Name Regulation

2.1 The registration and administration of domain names is conducted pursuant to general policies determined and promulgated by the Internet Corporation for Assigned Names and Numbers (”ICANN”).

2.2 ICANN has delegated the registration and administration of particular TLD’s (au, uk etc) to accredited Domain Name Registrars who conduct the registration and administration of domain names in those TLD’s according to general ICANN policies, as interpreted by each Domain Name Registrar. There may accordingly be significant differences in administration of domain names for particular TLDs.

2.3 In order to purchase a domain name, Customer enters into a registration agreement with Control Network Management Services’s domain name registrar, Melbourne IT relating to the relevant TLD and its administration of that TLD. As there may be significant differences between agreements relating to each TLD, Customer must carefully review and agree to, and accept sole responsibility for agreeing to, each particular registration agreement.

Domain Names

3.1 Registration: Control Network Management Services accepts no responsibility for the refusal of a domain name registrar to register a particular domain name, and Customer irrevocably waives any rights of any kind whatsoever against Control Network Management Services arising out of the refusal of a domain name registrar to register a particular domain name.

3.2 Renewal: ICANN policies do not permit domain name registrars to solicit nor pay fees on behalf of Customers for renewal of domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a domain name, to promptly pay all fees for renewal or risk loss of the domain name. Neither Control Network Management Services nor Melbourne IT accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis.

3.3 Cancellation: ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties and other grounds. A Customer is not entitled to a refund of registration fees, in whole or in part, on any such cancellation. Control Network Management Services does not, under any circumstances, refund any registration fees, in whole or in part, on any cancellation of a domain name by a domain name registrar. It is the sole responsibility of Customer to review and adhere to the terms and conditions of the agreement for each domain name, including without limitation the terms and conditions which may lead to cancellation of domain names.

3.4 How to Cancel a Domain Name Renewal: We DO NOT accept telephone cancellations, a cancellation must be in writing or submitted via a ticket within the control panel.

Control Panel

4.1 Control Panel: “Control Panel” means a unique, live and interactive website page individualised for the Customer which the Customer may access at the Control Network Management Services Website after supplying its User ID and Password. When accessed, the Control Panel enables Customer to:

(a) Review the status of its account, and pay outstanding invoices;

(b) View the registration status of its domain names and dates for renewal of registration;

(c) view the current status of its Shared Web Hosting Services and reports of operation of those Services;

(d) perform maintenance and other functions on components of Services, Hardware and Software, including configuring website and email services; and

(e) access Customer support services.

4.2 Password Access: Control Network Management Services will provide Customer with User ID and Password to access the Control Panel for the purposes specified in clause 4.1. Customer is solely responsible for maintaining the secrecy and confidentiality of its User ID and Password assigned to it or its nominated representatives and is and remains liable for any fees or charges incurred by any person accessing the Control Panel by using that User ID and Password.

Warranties

5.1 Sole Warranties: Control Network Management Services warrants that the Services will be supplied with due care and skill in accordance with the applicable Service Level Agreement and that any material supplied in connection with the Service is reasonably fit for the purposes for which it is supplied.

5.2 Exclusion of All Other Warranties: With the exception of the warranties set out in clause 5.1 and to the full extent permitted by law, all other all express or implied warranties, representations, terms and conditions regarding Services, Hardware and/or Software and their use or regarding the Agreement are hereby expressly excluded.

5.3 Limitation of Liability: Control Network Management Services’s liability for breach of the warranties set out in clause 5.1 is limited at its option to the resupply of Services, or payment of the cost of having the Services supplied again. In no event shall Control Network Management Services be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory or liability, notwithstanding that Control Network Management Services has been made aware or advised of the possibility of such damages.

Payment of Fees

6.1 Payment of Cloud Hosting Fees: Customer agrees to pay the fees set out in the Online Plan selected by it (which are inclusive of GST), and such other charges and fees as may properly be incurred by it under this Agreement, including without limitation:

(a) Charges for excess data, traffic, bandwidth and/or power usage by Customer; and

(b) Additional license fees charged to Control Network Management Services under software licenses where fees are calculated by reference to usage or number of users or mailboxes.

6.2 Usage Charges: Where applicable, Usage Charges for Bandwidth are measured by the billing data collection devices that measure data traffic at the Control Network Management Services router interface at the edge of the Control Network Management Services network, and are calculated according to the Plan selected by Customer. In the event of a billing dispute, Customer acknowledges and agrees that it will accept these data traffic records as accurate and final records of the data traffic to which they relate..

6.3 Payment of Domain Names Fees: Control Network Management Services will notify Customer of fees for registration and/or renewal of domain names. Under ICANN policies Registrars are not permitted to solicit nor pay fees on behalf of Customers for renewal of Domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a Domain name, to promptly pay all fees for renewal or risk loss of the Domain name. Neither Control Network Management Services nor Melbourne IT accepts liability for any failure, for any reason whatsoever, to renew a Domain name on a timely basis.

6.4 Delays in Payment of Domain Name Fees: Control Network Management Services cannot take action to register or renew Domain names until in each instance it has received payment for the particular service. Customers must allow 3 business days to elapse after making payment and issuing instructions to Control Network Management Services to register or renew a Domain name before Control Network Management Services is able to process the application or renewal. Neither Control Network Management Services nor Melbourne IT accepts liability for failure to register or renew a Domain name through delays of Customer in making payments and/or arising out of administrative delays, acts or omissions of Customers or third parties or out of automated systems failures.

6.5 Refund of Initial Fees: Customer is solely responsible for selecting the Online Plan appropriate to its requirements. Once a Plan has been ordered, Control Network Management Services will not issue a refund of the initial payment of fees unless:

(a) Customer makes a request for a refund within 72 hours of the initial payment of fees; and

(b) Control Network Management Services has not irrevocably committed itself to expenses associated with the supply of services, including without limitation ordering of domain names and activation of services covered by the Online Plan selected by Customer.

6.6 Invoices: Control Network Management Services will issue and post invoices on the Control Panel in accordance with its billing cycle, as from time to time notified to Customer:

(a) For fixed or recurring charges, in advance;

(b) For variable charges including Usage Charges and excess Usage Charges, in arrears;

(c) Otherwise as notified by Control Network Management Services from time to time.

6.7 Billing Periods: Control Network Management Services will use its best endeavours to bill all charges for the relevant billing period in the invoice relating to that period. Where charges relating to that billing period arise for any reason after the invoice is issued, including without limitation late notification of a Supplier of billing errors, Control Network Management Services may include such charges on a later invoice.

6.8 Payment Authorities: Customer hereby authorises Control Network Management Services to debit all fees under any invoices rendered by it under this Agreement, as the Customer chooses, to its nominated Bank Account or to Customer’s nominated credit card and all subsequent renewals of that credit card.

An additional credit card transaction fee for the following credit cards types apply:

– American Express (AMEX) – An additional $1.60 transaction fee will be applied to cover the merchant transaction fee

6.9 Provisioning of Services: Control Network Management Services will provision services constituting the Plan selected by Customer within the following time frames:

(a) Domain Name services: within 24 hours of receipt of payment, provided however that:

(i) Payment for renewal must be received at least 72 hours before the expiration of the current registration; and

(ii) If Customer has NOT been notified by Melbourne IT of registration or renewal of a Domain Name within 72 hours, Customer must promptly notify Control Network Management Services. Failure to notify Control Network Management Services on a timely basis may result in loss of the domain name;

(b) Instant Applications: these applications are normally provisioned on average within 1 hour of receipt of payment, though external factors can sometimes cause delays of an hour or more. Instant Applications are those products and services designated on the Website as “Instant” and include Share-point Services, Web Hosting, Windows VPS, Linux VPS, Cold Fusion, Urchin, Application Vault and sub-applications and Site Builder;

(c) All other Applications/services: within 3 business days, depending on the particular services,

6.10 Account Activation: Control Network Management Services will forward details, including User ID and password, for activating services covered by the Online Plan selected by Customer to the contacts specified by Customer when registering so that Customer can activate the account within 24 hours of placing its order, subject to:

(a) Payment for that Plan having been received and cleared in full;

(b) No other accounts of Customer being outstanding;

(c) The domain name nominated by Customer being a valid, currently registered domain name; and

(d) Control Network Management Services being satisfied in its sole discretion that Customer will use the services selected by it in accordance with its Acceptable Use Policy.

6.11 Account Maintenance Fee: where Customer’s authority to Control Network Management Services to debit invoiced fees and charges against a nominated bank Account, debit card or credit card expires or is otherwise terminated, Control Network Management Services may charge, and Customer agrees to pay, an account maintenance fee of $1.50 on each monthly or quarterly invoice rendered by Control Network Management Services to Customer, including, where Customer has multiple services, on each invoice rendered for each of those services.

6.12 Downgrade Fee: where Customer requests a change to the specifications for its Services which results in lower monthly fees, and Control Network Management Services agrees to such request, Control Network Management Services may charge Customer a Downgrade Fee of $25.

6.13 Credit Information: The Customer hereby agrees and consents to Control Network Management Services acquiring a credit report from any credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for purpose of assessment by Control Network Management Services of an application for credit (whether commercial or private) or for the collection of payments which are overdue. The Customer also agrees and consents to Control Network Management Services reporting information to any credit reporting agency that the Customer is in default of the trading terms of this Agreement or that it has handed over collection of the Customer’s account to a collection agency.

6.14 Transaction Currency: AUD – All transactions are processed in AUD

6.15 Transaction Security: When purchasing from Control Network Management Services your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology.256-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our Customer Support Team on 1300 467 843.

6.16 Merchant Charge-backs: The Customer hereby agrees in the event of a Merchant Charge-back that the Customer Account which the Charge-back has occurred will be placed on Credit Hold and no further transactions will be processed until the outstanding amounts are settled. An additional fee of $25.00 per Charge-back will be applicable before Account is removed from Credit Hold. The Customer understands this may result in other services being disabled and not being renewed In event of a customer account being placed on Credit Hold.

Proprietary Rights in Hardware and Software

Customer shall have no right, title, or interest of any kind whatsoever in the Software, Hardware, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use the Hardware and Software provided in this Agreement.

Maintenance of Hardware and Network

8.1 Control Network Management Services Hardware: Control Network Management Services will maintain and support Hardware in accordance with best industry practice or, where applicable, vendor specifications.

8.2 Scheduled Maintenance: Control Network Management Services will perform all regularly scheduled maintenance to maintain Hardware and the Control Network Management Services network outside Business Hours. Control Network Management Services will give Customers notice by email at least 48 hours in advance if scheduled maintenance requires interruption to Services for more than 30 minutes.

8.3 Replacement of Hardware: Control Network Management Services may substitute, change or modify the Hardware at any time, but shall not thereby substantially alter the technical parameters of the Services without the prior approval of Customer unless the effect of the substitution, change or modification is to enhance the capacity or specifications of the Hardware.

8.4 Technical Support: Control Network Management Services will provide technical support by enabling Customer access through the Control Panel to correct operational procedures for tools and modules specified in this Agreement and to links to operational resources on the Control Network Management Services Website. Customer acknowledges that technical support is limited to hardware/network failures and utilities provided by Control Network Management Services.

Software

 

9.1 Operating System and Web Server Software License: During the Term Control Network Management Services grants the Customer a non-transferable, non-exclusive license to use and install the Software specified with the service. Control Network Management Services warrants that it has full right, title and interest in the Software to grant sub-licenses by virtue of a license granted by the vendor of the Software (“Vendor License”) to Control Network Management Services to use and sub-license the Software. Control Network Management Services does not warrant third party Vendor Software in any way whatsoever, but undertakes to pass onto Customer the benefit of all warranties and indemnities relating to use of the Software under the Vendor License.

9.2 Software License Restrictions: Customer agrees that it will not, directly or indirectly (and it will not allow others to):

(a) copy the Software, except as necessary to install on Hardware and for internal, archival purposes. In the event Customer makes authorized copies of the Software, Customer shall reproduce all proprietary notices on such copies;

(b) sell, rent, lease, license, transfer, give possession of, or sub-license the Software to others, other than as permitted in the Vendor License; and/or

(c) write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

9.3 Exclusions: Customer acknowledges that breach of clause 9.2 may result in invalidation of warranties relating to Software, including the benefit of third party Vendor warranties.

9.4 Software Provided by Customer: Where Customer provides or uses other software on or in connection with its website, Customer warrants that it has full right title and interest under a valid license to use that software and to grant a valid sub-license to Control Network Management Services to install and run that software during the Term solely in connection with providing Services under this Agreement.

9.5 Termination: in pursuant to clause’s 14, Customer will immediately cease using and destroy any Software which Control Network Management Services has granted a non-transferable, non-exclusive license to use.

 

Storage; data retention

10.1 Storage: At all times, you shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

(a) prevent any loss or damage to your website content;

(b) maintain independent archival and backup copies of your website content;

(c) ensure the security, confidentiality and integrity of all your website content transmitted through or stored on Control Network Management Services servers; and

(d) ensure the confidentiality of your password.

Control Network Management Services’s servers are not an archive and Control Network Management Services shall have no liability to you or any other person for loss, damage or destruction of any of your content.

10.2 Hosted Exchange Business Email: alone is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. Control Network Management Services performs daily disaster recovery backups on the entire Hosted Exchange Business Email Platform for restoration in the event of a disaster, individual mailboxes cannot be restored because of this backup process. Control Network Management Services expressly disclaims any liability or responsibility for any loss, damage or destruction of your emails, contacts, distribution lists, or any other content.

10.3 Backup & Restoration: We use best efforts to maintain backups of all Control Network Management Services’s products services, however we cannot guarantee backup restores for individual websites, databases or Hosted Exchange Business Email.

10.3.1 Restoration Fees: A fee of $60.00 per 30 minute period will apply for any requested restoration of individual websites, virtual server’s or databases.

Acceptable Use Policy and Use of Services

11.1 Acceptable Use Policy: Customer agrees and acknowledges that it has read Control Network Management Services’s Acceptable Use Policy published on the Control Network Management Services Website at: http://www.Control Network Management Services.com.au/legal/ and agrees and undertakes that it will at all times observe and comply with that Acceptable Use Policy, as may be amended from time to time by publishing of amendments on the Control Network Management Services Website.

11.2 Sole Responsibility: Customer acknowledges and agrees that it is solely responsible for all information, material, content or data (“Content”) of any postings, data or transmissions utilising the Services or any other use of the Services by Customer or User.

11.3 Removal of Offending Content: Customer acknowledges that Control Network Management Services has the right to remove Content in accordance with the terms of the Acceptable Use Policy, including without limitation and without notice to Customer any Content deemed by it in its sole opinion to breach or offend its Acceptable Use Policy, or to suspend Services or disconnect or deny access to Services if in its sole opinion it deems Content to breach or offend its Acceptable Use Policies.

11.4 Excessive Use: Customer covenants and agrees that it will at all times observe and comply with and not breach usage limitations, including bandwidth, traffic (inbound, outbound and aggregated), data storage and backup, server resources and mailboxes, applicable to the Plan chosen by the Customer. Customer also agrees and covenants that it will not use the Services in an excessive or unusual way.

11.5 Suspension: Customer acknowledges that Control Network Management Services is entitled to suspend or cancel Services, permanently or temporarily, if Customer breaches clause 11.4, and that if at any time Control Network Management Services does suspend or cancel the Services, the Customer remains liable for any charges incurred:

(a) through excessive or unusual usage; and

(b) where the suspension is temporary, during such suspension.

11.6 Indemnity: Customer agrees to and shall hold harmless and indemnify Control Network Management Services against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer) which Control Network Management Services may suffer, directly or indirectly, resulting from or arising out of Customer’s or User’s breach of the Acceptable Use Policy or the misuse or abuse of the Services in any way whatsoever by Customer or any User.

Release of Information to Authorised Agencies

12.1 Monitoring Use of Services. In order to comply with, and subject to, any applicable laws, including without limitation the Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, Control Network Management Services may at any time:

(a) When required by a warrant issued by a Regulatory Agency or an authorised law enforcement agency or court, intercept or monitor Services, or enable another person authorised by a warrant issued by a Regulatory Agency or an authorised law enforcement agency or court, to intercept or monitor Services, including data hosted on or being transmitted through Services;

(b) Monitor and/or examine use of Services, including email, records and other data in the course of installation, connection or routine maintenance of the Services, but only to the extent permitted by legislation;

(c) Suspend Services; and/or

(d) Release information obtained by any of these actions to any Regulatory Agency.

12.2 Indemnity. Customer agrees to and shall hold harmless and indemnify Control Network Management Services against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer or a User) which Control Network Management Services may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 12.1.

Term and Termination

(d) either party gives written notice of a material breach of this Agreement, and the breach is not remedied within 30 days after receipt of the notice; or

(e) if either party goes into administration or liquidation either compulsorily or voluntarily (save for the purpose of reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets or if either party makes an assignment for the benefit of or composition with its creditors generally or threatens to do any of these things, and in either event the other Party gives notice that it elects to terminate the Agreement which notice shall be effective immediately.

13.3 Other Termination: Control Network Management Services may terminate this Agreement by giving reasonable notice to the Customer prior to the expiration of the Term set out in the Service if:

(a) a Regulatory Authority directs it to do so; or

(b) a Supplier terminates an agreement to supply services to Control Network Management Services, and as a consequence Control Network Management Services is unable to supply Service(s) to Customer through an alternative Supplier on reasonable commercial terms.

Consequences of Termination

14.1 In the event of termination of the Agreement prior to the expiration of the Term by reason of a default by Customer under clause 13.2(a) or by reason of actions by or on behalf of Customer under clause 13.2(b), all amounts which would have become due and payable under the Agreement had it continued in effect until the expiration of the Term shall immediately become due and payable, and Customer shall immediately pay all amounts so becoming due and payable. If Customer has made a payment for services in advance, Control Network Management Services will apply the balance of any such payment remaining (calculated on a pro rata basis) against any amounts due and payable by the Customer, but in no other case shall Customer be entitled to a refund of such payment.

14.2 In the event of termination of the Agreement prior to the expiration of the Term under clause 13.2, and on the expiration of the Term, Control Network Management Services will bill Customer for all services up to date of termination, and Customer will immediately pay that invoice and any other outstanding invoices.

14.3 On the expiration of the Term or on termination of the Agreement pursuant to clause’s 9,13, Control Network Management Services will immediately cancel Services, and Customer will immediately cease using Services and any Software and Hardware provided under this Agreement.

Suspension of Services

15.1 Events of Suspension. Control Network Management Services may, in its sole discretion and without derogating from its right to terminate this Agreement pursuant to clause 13, at any time suspend, restrict or disconnect the supply of Services to the Customer and/or any of its customers or Users on the occurrence of any of the following events:

(a) Customer fails to pay any outstanding invoices within 7 days of written demand by Control Network Management Services;

(b) Customer breaches Control Network Management Services’s Acceptable Use Policy and fails to rectify that breach immediately on written demand by Control Network Management Services;

(c) Control Network Management Services is directed by any Regulatory Agency and/or authorised law enforcement agency to do so;

(d) During any technical failure, modification or maintenance of the Service, provided that Control Network Management Services will use its reasonable endeavours to ensure that the Service are resumed as soon as practicable; and/or (e) Control Network Management Services deems it necessary for purposes of scheduled or unscheduled maintenance.

15.2 Consequences of Suspension. Control Network Management Services will not reconnect or re-activate Services suspended pursuant to clause 15.1(a), (b) and (c) until Customer has paid any re-connection or re-activation fee then in effect for each Service. Customer will remain liable under this Agreement for all payments falling due within the period for suspension of Services, including without limitation for all fees accruing and accrued during the suspension.

15.3 Indemnity. Customer agrees to and shall hold harmless and indemnify Control Network Management Services against any loss, expenses, liability, damages or claim made against it by any party whatsoever (including without limitation Customer, a User or any party claiming through Customer) which Control Network Management Services may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 15.1.

 

Amendment of these Terms and Conditions

16.1 Amendment of Agreement: This Agreement may be amended or varied as follows:

(a) If this Agreement is automatically extended pursuant to clause 13.1, Control Network Management Services may, during the Subsequent Term or Terms, amend or vary the Fees charged for Services and terms relating to the operation of Services, by posting the amendments or variations on the Control Network Management Services website. Such amendment or variation shall become effective 24 hours after the date of posting, and the Customer shall be deemed to have accepted such amendment if it continues to use the Services after the amendments become effective.

(b) Control Network Management Services may from time to time amend or vary these Terms and Conditions, its Acceptable Usage Policy and its Privacy Policy by publishing such amendments or variations on the Control Network Management Services Website. These amendments and/or variations shall take effect from the date they are published on the Control Network Management Services Website.

Privacy

 

Control Network Management Services may collect, use and disclose information relating to Customer for purposes related to the supply of Services, including without limitation billing and account management, business management and product development, and to the provision of information about promotions, products and services of Control Network Management Services, in accordance with the Privacy Policy set out on the Truste Website https://privacy.truste.com/reseller/privacy-policy/Control Network Management Services.com-Pty-Ltd/certified/0667ee91-ae6d-4f9a-8ca8-31fd34a0f116, but will not use such information so as to breach any Privacy Law.

 

Notices

18.1 Subject to clause 18.2, any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting, within 24 hours if sent by facsimile to the correct facsimile number (with correct answer-back), or within 24 hours if sent by electronic mail to the correct electronic mail address of the addressee.

18.2 Any notice to be served by Control Network Management Services in relation to the variation or amendment of the terms set out in the Plan selected by Customer, including prices for Services and terms relating to the operation of Services, during Subsequent Terms may be served by posting the amendment or variation on the Customer’s Control Panel, and such notice shall be deemed effective 24 hours after the date of posting of the notice.

Governing Law

This Agreement shall be governed by the law in effect in the State of Victoria Australia, and the parties submit to the jurisdiction of the Supreme Court of Victoria, Australia.

General Provisions

20.1 Assignment: The Customer may not transfer its rights or obligations under this agreement to, or share them with, anyone without prior written consent of Control Network Management Services. Control Network Management Services may transfer its rights or obligations under this agreement to, or share them with, anyone on notice to the Customer.

20.2 Severability: If any provision or portion of this Agreement is held to be unenforceable, it shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this Agreement shall continue in full force and effect.

20.3 Entire Agreement: This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings between the Parties with respect to the subject.

Definitions

Acceptable Use Policy means the policy set out at URL https://www.controlnetworks.com.au/acceptable-use-policy/ which defines acceptable and unacceptable use of the Services by the Customer.

Activation means the first order through Control Network Management Services Store or log on by a Customer to the Control Network Management Services Control Panel with the User ID and password supplied by Control Network Management Services which when successfully completed enables the services selected by Customer to be activated.

Control Network Management Services or CONTROL NETWORK MANAGEMENT SERVICES means Control Network Management Services.com Pty Limited.

Control Network Management Services Network or Control Network Management Services IP Network means the data communications network (based on TCP/IP and other Internet protocols) between the Control Network Management Services IP routers owned and operated by Control Network Management Services.

Control Network Management Services Website means the website located at the URL, https://www.controlnetworks.com.au/

Control Network Management Services Control Panel means the website located at the URL, https://my.controlnetworks.com.au/

Control Network Management Services Store means the website located at the URL, https://my.controlnetworks.com.au/domainchecker.php

Business Hours means the hours between 8.30 am and 5.30 pm on normal business days in the Victoria, Australia.

Customer means the end user of Services to whom Control Network Management Services sell Services, or to whom it’s authorised Resellers resell Services.

Plan or Online Plan means the particular business solution selected online by Customer from the range of solutions offered by Control Network Management Services on the Control Network Management Services website, and specifies each of the components of that solution, including disc space, data traffic volumes, mail box sizes and fees relating to the Plan.

Privacy Law means and includes the Privacy Act (Cth) 1988, the Privacy and Personal Information Protection Act (NSW) 1988, and any other law, statute or code in Australia that regulates the dissemination and use of information about or concerning an individual person or corporation.

Privacy Policy means the Control Network Management Services Privacy policy as set out from the main URL page https://www.controlnetworks.com.au/acceptable-use-policy/

Provisioning in relation to services provided under the Plan selected by Customer means Control Network Management Services doing everything necessary to set up and manage those services, and includes configuring and programming its equipment, networks and databases to enable all options selected by Customer.

Regulatory Authority means and includes the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman, the Internet Industry Association, the Asia Pacific Network Information Centre, authorised domain name registrars, and any other competent government or statutory body or authority having jurisdiction over Control Network Management Services.

Service or Services means the service or Services set out in the Plan selected by Customer and any related Hardware, Software and additional services which Control Network Management Services supplies in connection with the Service or Services.

Service Level Agreement means the agreement set out at the URL https://www.controlnetworks.com.au/terms-and-conditions/

Supplier means any supplier of goods or services (including without limitation interconnection services) used directly or indirectly by Control Network Management Services to supply Services under this Agreement.

Term means the period of the online Plan selected by Customer and Subsequent Term means any further period for which this Agreement is automatically extended pursuant to clause 12.1.

Usage Charges means any charges for services which are measured, calculated or determined by reference to use of the Services by Customer.

User means any person or entity authorised by Customer to access and/or use the Services, and includes any person accessing any Customer website.

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