Terms & Conditions
This memorandum establishes operating principles and terms and conditions as they
relate to the Clients use of the Internet and the connection/services provided by
Mertech Solutions to the Client.
Account setup
Payment terms
Terms and conditions
Security and Backup
Confidential Information
Responsibility and Respect
Improper Uses
Compliance with Laws
Validation of Information
Discretion and Judgment
Net abuse
Excessive CPU usages
Service Cancellation
Contact Us
Account setup:
The services provided for under this agreement shall begin on the creation date
of your account and will remain in effect as long as your account is active.
Once the client approves of and pays for any outstanding balances owed for work
done, the work (design, scripts, databases, programming, etc.) becomes the property
of the client.
Payment terms:
The Client will be responsible for payment in advance of service provided. All accounts
will be billed on a fixed monthly basis (beginning and ending the first and last
days of the calendar month) or on one of the pre-paid plans.
Both parties agree to accept electronic mail as legally binding documentation for
billing and notification purposes.
All invoices are due and payable upon receipt. Failure to pay any amount due within
ten (10) days of the due date shall constitute sufficient grounds for termination
of service without notice. A $5 site re-activation fee will apply.
Mertech Solutions reserves the right to change the rates and otherwise modify this
notice upon thirty (30) days notice to you. Use of Mertech Solutions services after
the effective date constitutes acceptance of the new terms and conditions/service
agreement.
back to top
Terms and conditions:
Mertech Solutions Services are provided on an "as is" basis. These services are
provided without warranty of any kind, expressed or implied, including programming
services, database services, any software or material provided to the client, or
any other type of service offered.
In no event will Mertech Solutions be liable for any direct, indirect, incidental,
or consequential damages, including but not limited to, loss of data resulting from
delays, non-deliveries, or service interruptions caused by Mertech Solutions or
by your own errors and/or omissions or by an act of God.
Mertech Solutions may only be used for lawful purposes. Transmission or storage
of any material in violation of any Australian law or regulation is prohibited.
This is included, but not limited to, copyright material, material legally judged
to be threatening or obscene or material protected by trade secret. The client agrees
to indemnify and hold harmless Mertech Solutions, from any claims resulting from
clients' use of the service.
Any access to other networks or systems through Mertech Solutions must comply with
the applicable rules of that service.
Mertech Solutions specifically denies any responsibility for the accuracy or quality
of information obtained though its services. Use of any information obtained via
Mertech Solutions is at your own risk. Mertech Solutions will not be responsible
for the reconstruction of any lost data, outside of that provided by and required
for the operation of Mertech Solutions itself.
Mertech Solutions will not be responsible for service interruptions beyond its control;
including but not limited to acts of nature, service interruptions by its providers,
or modifications to the clients system by the client or a third party.
Mertech Solutions reserves the right to bring the system down at any time without
notice for service or system upgrades. Clients will be notified by email at least
one (1) week prior to any scheduled major service/upgrades.
These terms and conditions represent the entire agreement between you (the client)
and Mertech Solutions. These terms and conditions shall be governed and interpreted
in accordance with the laws of the Melbourne, Australia.
Client consents and submits to the jurisdiction of any state or federal court located
within Melbourne, Victoria. Client hereby waives any right to change venue. Any claims
or causes of action arising out of or related to this agreement must be initiated
within one (1) year after the claim or cause of action has arisen or be barred.
Mertech Solutions will not monitor or regulate the content of information or data
passing through or temporarily stored on its system, except under court order or
where reasonable suspicion of a legal violation exists.
Mertech Solutions defines one gigabyte (GB) as 1000 megabytes.
Mertech Solutions reserves the right to discontinue all or any part of the provided
service at any time for any reason.
back to top
Security and backup:
The Client is responsible for implementing sufficient procedures and checkpoints
to satisfy its requirements for accuracy and security of data and access codes.
Although Mertech Solutions routinely backs up it's clients data, the client is also
responsible for maintaining a means external to Mertech Solutions for archiving
any data critical to the client.
The Client is required to protect the security of his or her service account and
usage. The client's password should be treated as private and confidential and not
disclosed to or shared with any third parties.
back to top
Confidential information:
The Client agrees to protect and treat as confidential all passwords, user names,
and proprietary information provided by Mertech Solutions for access to its systems.
Sharing of names/accounts is expressly forbidden. If a client believes their user
name or password has been compromised, immediate email or written notification must
be provided to Mertech Solutions. Client will be held responsible for all acts/communications
initiated or authorized by its user name.
back to top
Responsibility and Respect:
The Internet is a network intended for use by users that act in a mature manner.
The Client recognizes this principle and undertakes at all times to act with respect,
courtesy and responsible, giving due regard to the interests and rights of other
Internet user groups. This general guideline carries with it the following specific
responsibilities.
back to top
Improper Uses:
The Client will avoid violation of certain generally accepted guidelines on Internet
usage such as restrictions on mass mailings and mass advertisements, pirating or
copying of software, mail bombing or other methods of attempting to deny service
or access to other users, and attempts to violate security.
back to top
Compliance with Laws:
The Client will ensure that its use of the Internet complies with all applicable
federal, state and local law and regulation, including but not limited to those
principles of law which protect against compromise of copyrights, trade secrets,
proprietary information and other intellectual property rights, libel or defamation
of character, invasion of privacy, tortuous interference, and export of technical
or military data to prohibited countries.
back to top
Validation of Information:
The Client is responsible for validating the integrity of the information and data
he or she receives or transmits over the Internet.
back to top
Discretion and Judgment:
The Client is expected to use discretion in the treatment and handling of Internet
information and data and to take particular care to insure that adult information
is not transmitted to juvenile users of the Internet.
back to top
Net abuse:
Including but not limited to activities such as using a non-existent email return
address on a commercial solicitation, spamming (sending unsolicited advertising
to numerous email addresses or newsgroups and/or generating a significantly higher
volume of outgoing email than a normal user), allowing spamming by third parties
to promote a web site hosted by Mertech Solutions, trolling (posting outrageous
messages to generate numerous responses), mail bombing (sending multiple messages
without significant new content to the same user), subscribing someone else to a
mailing list without that person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization to enter into a secured
computer system. Mertech Solutions reserves the right to determine what constitutes
net abuse.
Furthermore, repeated offenders having been warned of unauthorized service usage
may be subject to a $51000.00 fee per incident covering the additional activity
needed to be performed by Mertech Solutions with regards to said unauthorized service
usage.
back to top
Excessive CPU usages:
Clients using excessive amounts of CPU processing on any of our servers will be
assessed accordingly or face immediate suspension.
back to top
Service Cancellation:
Although we regret to see our customers cancel service, we do understand that there
are circumstances that may arise. Service is billed in advance and is non refundable,
either in whole or part. In order to cancel service, you must inform us before your
next billing due date by emailing to
sales@mertech.com.au
. Be sure to include your name, company name, the service you wish to cancel and
your account "log-in" user name for verification purposes, sign and date.
Once you have informed us of your cancellation, services will be deactivated immediately.
Once deactivated we will be unable to restore prior data or settings.
back to top
Contact Us:
For more information, please email
support@mertech.com.au
for more information.
back to top