Responsibility of the Customer
1. The Customer can be an individual or an entity.
2. The Customer must be 18 years of age or older.
3. The Customer is responsible for the setting up of any website content and or the uploading of any files.
4. The Customer is responsible for the content of any postings, data or transmissions.
5. The responsibility is extended to any individuals or entities given access to the account by the customer.
6. The Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly. Our assistance will be given at any time if requested.
7. It is the responsibility of the Customer to make sure their own web space data is backed up unless the customer has otherwise agreed to and paid for backups as part of a backup plan.
Service Terms and Conditions
- The terms of a hosting agreement is strictly between Bayside Solutions Pty. Ltd. ("the company") and the customer indicated in an agreement.
- Upon payment and or use of the services provided by the company, the Customer understands and indicates their ageement to the terms, conditions, responsibilities and the service contract to be provided by the company.
- The company will do its best to ensure web space and server performance, are kept at optimal operating levels at all times.
- Any of the services or prices may be modified or updated at any time. The prices offered for the period of contract agreed to in the onset of the service will remain with the Customer until renewal of the contract or termination of the contract.
- A service may be cancelled before its end date via customer request, but there will be no refund for the period of contract not completed.
- The customer will be notified one month before the end of a contractual period, indicating a renewal is required to maintain the service. Up until the end day of the contract, the user has the ability to discontinue a further contract of the same service. If there has been no indication from the Customer that a new contract is not required for a period after the initial contract ended, a new contract under the same terms and conditions will be formed for a period equal in length to the initial contract.
- These service terms supersedes any agreements made orally between the Customer and the company.
- If the service provided requires upgrading to a higher level of service before the end of an agreed upon planned service period, the difference between the upgraded service plan cost and the current service plan cost, calculated over the remaining of the initial agreed upon service period (including the month the upgrade occurs in), must be paid for immediately.
- Downgrading a hosting plan can only occur after the end of the initial agreed upon hosting period.
- Bayside Solutions reserves the right to terminate a hosting service if the payment for such a service is not received within the due date specified or 3 months after the invoice for that service was issued. Reminders via email and a final postal reminder before termination will be issued in this case.
Bayside Solutions Pty Ltd Rights.
The company reserves the right to seize a service upon unlawful use of the services being provided. Unlawful use may infringe upon the rights of the company and any third party.
Inappropriate Material
The hosting of the following material is not permitted on the company's servers: Discriminating hate propaganda, Nudity, Pornography, Adult material, Hacking material, illegally copied movies, music or software material that other third parties have copyright upon.
Viruses
In the event of a virus or data found of a destructive element, the customer must inform the company of their existence as soon as possible. The customer should make all efforts to remove the virus and if assistance is required from the company to do so an administration fee will apply.
Spam Mail and Mail Bombing
It is prohibited to use the company servers as a mail bombing or mass mailing medium.
Generation of mass mail or spam mailing using the company servers will result in immediate suspension of all the user's services and accounts of that customer. Legal action may be imposed.
The uses of the company servers as a Spam forwarding mechanism can deem the company as a spam source and appropriate action may be taken to prevent the further forwarding of spam. This may include the suspension services accounts that are used to forward spam.
Sub Hosting
Sub hosting is not permitted on the company servers. The re-sale of the company services are prohibited.
Backup and Restore
The company recommends that the customer maintain a local back up of their own data base and website data.
The company cannot guarantee a restore or back up will be made available if the customer is not placed on any backup plan. If the customer requests a back up or restore, an administration fee will apply which is indicated in all backup plans of the company.
If the customer requests a backup to their website or web-data when the customer has not been placed on or paid for any backup plan, a set cost of this restore is equal to the original cost of the website or web-data.
The company may or may not have an out dated backup of the website or web-data: In the case the company does have a backup available, the re-installation of such data is not guaranteed to be functional or to that of the website or web-data's last known state. ( Backup plans are recommended )
Quotation Period
Bayside Solutions Pty. Ltd quotations distributed to customers will remain fixed at the price stated on the quote for a period 90 days after day stated on the quotation unless the requirements for the services quoted change. Re-quoting is required after the 90 day period if the customer would like to use the quote.
Website Upgrades
Bayside Solutions Pty. Ltd website upgrades to structure, functionality, security updates, features enhancements or plugin installations should only be performed by the company. If the client chooses to perform these operations on their own site that has been supplied by the company and inadvertently requires a website recovery or repair, fees will be applied at the current service hourly rate for the repairs. If you are unsure ask us before any upgrades or new features are installed to your system.
Privacy
Email Addresses
The company does not redistribute, publish or sell the personal or business email addresses of its registered users or customers.
Personal Information
The company does not gather or collect personal information of its customers other than for the purposes of invoicing or in regards to client products or services they may have purchased or are going to purchase. The company does not collect credit card information or hold credit card information on any of its websites or servers.
Personal and copyrighted Data Collection
When given written permission, the company will store copyrighted data of its customers and will not store the copyrighted data on any server, secured server or any other distribution network unless given written permission to do so. The copyrighted data will be held by the company only for a period specified by the customer and if not stated, only for the period of time that the company may need it for the customer’s purpose.
At the point in time when the copyrighted data of the customer is to be removed, it will be removed from any storage device (including backup devices) or, if in the form of a hard copy, the data will be shredded appropriately. The company respects your copyright.
Policy Changes
The company reserves the right to change any policy at any time. The policies documentation will be published to the website.
Last Updated (Thursday, 17 September 2009 09:56)



