Legal

2.1 Control Panel: “Control Panel” means a unique, live and interactive website page individualised for the Customer which the Customer may access at the NETCorp IT Solutions 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 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. 2.2 Password Access: NETCorp IT Solutions will provide Customer with User ID and Password to access the Control Panel for the purposes specified in clause 2.1. 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.

3.1 Sole Warranties: NETCorp IT Solutions 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. 3.2 Exclusion of All Other Warranties: With the exception of the warranties set out in clause 3.1 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. 3.3 Limitation of Liability: NETCorp IT Solutions’s liability for breach of the warranties set out in clause 3.1 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 NETCorp IT Solutions 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 NETCorp IT Solutions has been made aware or advised of the possibility of such damages.

4.1 Payment of 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, Text Messages and/or power usage by Customer; and (b) Additional license fees charged to NETCorp IT Solutions under software licenses where fees are calculated by reference to usage or number of users or mailboxes. 4.2 Usage Charges: Where applicable, Usage Charges for Bandwidth are measured by the billing data collection devices that measure data traffic at the NETCorp IT Solutions router interface at the edge of the NETCorp IT Solutions 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. 4.3 Refund of Initial Fees: Customer is solely responsible for selecting the Online Plan appropriate to its requirements. Once a Plan has been ordered, NETCorp IT Solutions 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) NETCorp IT Solutions 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. 4.4 Invoices: NETCorp IT Solutions 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 NETCorp IT Solutions from time to time. 4.5 Billing Periods: NETCorp IT Solutions 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, NETCorp IT Solutions may include such charges on a later invoice. 4.6 Payment Authorities: Customer hereby authorises NETCorp IT Solutions to debit all fees under any invoices rendered by it under this Agreement, as the Customer chooses, to its nominated Paypal Account or to Customer’s or Associates nominated credit card or card’s as listed in the NETCorp IT Solutions Control panel and all subsequent auto-renewals will be charged to the credit card which is listed within the NETCorp IT Solutions control panel and as marked default credit card for payment. The Customer acknowledges they can call NETCorp IT Solutions to update at anytime, credit card information, default payment method and suspend auto-renewal of a subscription at anytime. NETCorp IT Solutions accepts no liability for a Customer using an associates Credit card for payment within NETCorp IT Solutions control panel marked as default payment, the Customer assumes full liability for payment and authorises NETCorp IT Solutions to use an associates credit card. Additional transaction fees for the following credit cards types apply: – American Express (AMEX) & Diners – An additional 4.4% transaction fee will be applied to cover the merchant transaction fee – Visa MasterCard – An additional 2.2% transaction fee will be applied to cover the merchant transaction fee – Payer dishonour fee $9.90 – Administration Fee (once only) up to $5.50 – Transaction Fee (bank account) $1.10 4.7 Provisioning of Services: NETCorp IT Solutions 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 of registration or renewal of a Domain Name within 72 hours, Customer must promptly notify NETCorp IT Solutions. Failure to notify NETCorp IT Solutions 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, 4.8 Account Activation: NETCorp IT Solutions 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) NETCorp IT Solutions being satisfied in its sole discretion that Customer will use the services selected by it in accordance with its Acceptable Use Policy. 4.9 Account Maintenance Fee: where Customer’s authority to NETCorp IT Solutions to debit invoiced fees and charges against a nominated bank Account, debit card or credit card expires or is otherwise terminated, NETCorp IT Solutions may charge, and Customer agrees to pay, an account maintenance fee of $1.50 on each monthly or quarterly invoice rendered by NETCorp IT Solutions to Customer, including, where Customer has multiple services, on each invoice rendered for each of those services. 4.10 Downgrade Fee: where Customer requests a change to the specifications for its Services which results in lower monthly fees, and NETCorp IT Solutions agrees to such request, NETCorp IT Solutions may charge Customer a Downgrade Fee of $25. 4.11 Credit Information: The Customer hereby agrees and consents to NETCorp IT Solutions 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 NETCorp IT Solutions 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 NETCorp IT Solutions 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. 4.12 Transaction Currency: AUD – All transactions are processed in AUD 4.13 Transaction Security: When purchasing from NETCorp IT Solutions 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 (08) 6188 5900. 4.14 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. 4.15 Promotional Periods: From time to time NETCorp IT Solutions runs Promotions or Special offers such as discounts for paying Annually your subscription period. NETCorp IT Solutions reserves the right to change these promotions at any time and without notice. These promotions are generally for New Customers and not for existing Customers on Renewal Subscription periods. NETCorp IT Solutions may elect to run promotions to New and Existing customers as it sees fit.

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.

6.1 NETCorp IT Solutions Hardware: NETCorp IT Solutions will maintain and support Hardware in accordance with best industry practice or, where applicable, vendor specifications. 6.2 Scheduled Maintenance: NETCorp IT Solutions will perform all regularly scheduled maintenance to maintain Hardware and the NETCorp IT Solutions network outside Business Hours. NETCorp IT Solutions will give Customers notice by email, Twitter, and will be posted on our Service Status site – http://status.netcorp.net.au at least 48 hours in advance if scheduled maintenance requires interruption to Services for more than 30 minutes. 6.3 Replacement of Hardware: NETCorp IT Solutions 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. 6.4 Technical Support: NETCorp IT Solutions 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 NETCorp IT Solutions Website. Customer acknowledges that technical support is limited to hardware/network failures and utilities provided by NETCorp IT Solutions.

7.1 Operating System and Web Server Software License: During the Term NETCorp IT Solutions grants the Customer a non-transferable, non-exclusive license to use and install the Software specified with the service. NETCorp IT Solutions 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 NETCorp IT Solutions to use and sub-license the Software. NETCorp IT Solutions 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. 7.2 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. 7.3 Exclusions: Customer acknowledges that breach of clause 7.2 may result in invalidation of warranties relating to Software, including the benefit of third party Vendor warranties. 7.4 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 NETCorp IT Solutions to install and run that software during the Term solely in connection with providing Services under this Agreement. 7.5 Termination: in pursuant to clause’s 11, Customer will immediately cease using and destroy any Software which NETCorp IT Solutions has granted a non-transferable, non-exclusive license to use.

8.1 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 NETCorp IT Solutions servers; and (d) ensure the confidentiality of your password. NETCorp IT Solutions’s servers are not an archive and NETCorp IT Solutions shall have no liability to you or any other person for loss, damage or destruction of any of your content. 8.2 Hosted Exchange Business Email: alone is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. NETCorp IT Solutions 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. NETCorp IT Solutions expressly disclaims any liability or responsibility for any loss, damage or destruction of your emails, contacts, distribution lists, or any other content. 8.3 Backup & Restoration: We use best efforts to maintain backups of all NETCorp IT Solutions’s products services, however we cannot guarantee backup restores for individual websites, databases or Hosted Exchange Business Email. 8.3.1 Restoration Fees: A fee of $66 per 30 minute period will apply for any requested restoration of individual websites, virtual server’s or databases.

9.1 Acceptable Use Policy: Customer agrees and acknowledges that it has read NETCorp IT Solutions’s Acceptable Use Policy published on the NETCorp IT Solutions Website at: https://www.netcorp.net.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 NETCorp IT Solutions Website. 9.2 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. 9.3 Removal of Offending Content: Customer acknowledges that NETCorp IT Solutions 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. 9.4 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. 9.5 Suspension: Customer acknowledges that NETCorp IT Solutions is entitled to suspend or cancel Services, permanently or temporarily, if Customer breaches clause 11.4, and that if at any time NETCorp IT Solutions 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. 9.6 Indemnity: Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions 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 NETCorp IT Solutions 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.

10.1 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, NETCorp IT Solutions 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. 10.2 Indemnity. Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions 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 NETCorp IT Solutions may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 10.1.

11.1 Term: This Agreement shall be effective for the term (“Term”) of the Plan selected by Customer. Unless Customer gives at least 30 days notice of termination in writing prior to the expiration of the Term, this Agreement shall automatically be extended for a further period identical to the period of the initial Term, which further period shall be referred to as “the Term” or “Subsequent Term”, and where appropriate any reference in this Agreement to Term shall be deemed to include a reference to a Subsequent Term. 11.2 Mutual Termination: This Agreement shall be terminated prior to the expiration of the Term in the following circumstances: (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. 11.3 Other Termination: NETCorp IT Solutions 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 NETCorp IT Solutions, and as a consequence NETCorp IT Solutions is unable to supply Service(s) to Customer through an alternative Supplier on reasonable commercial terms.

12.1 In the event of termination of the Agreement prior to the expiration of the Term by reason of a default by Customer under clause 11.2(a) or by reason of actions by or on behalf of Customer under clause 11.2(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, NETCorp IT Solutions 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. 12.2 In the event of termination of the Agreement prior to the expiration of the Term under clause 11.2, and on the expiration of the Term, NETCorp IT Solutions will bill Customer for all services up to date of termination, and Customer will immediately pay that invoice and any other outstanding invoices. 12.3 On the expiration of the Term or on termination of the Agreement pursuant to clause’s 7,11, NETCorp IT Solutions will immediately cancel Services, and Customer will immediately cease using Services and any Software and Hardware provided under this Agreement.

13.1 Events of Suspension. NETCorp IT Solutions may, in its sole discretion and without derogating from its right to terminate this Agreement pursuant to clause 11, 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 NETCorp IT Solutions; (b) Customer breaches NETCorp IT Solutions’s Acceptable Use Policy and fails to rectify that breach immediately on written demand by NETCorp IT Solutions; (c) NETCorp IT Solutions 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 NETCorp IT Solutions will use its reasonable endeavours to ensure that the Service are resumed as soon as practicable; and/or (e) NETCorp IT Solutions deems it necessary for purposes of scheduled or unscheduled maintenance. 13.2 Consequences of Suspension. NETCorp IT Solutions will not reconnect or re-activate Services suspended pursuant to clause 13.1(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. 13.3 Indemnity. Customer agrees to and shall hold harmless and indemnify NETCorp IT Solutions 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 NETCorp IT Solutions may suffer, directly or indirectly, resulting from or arising out of any actions taken by it pursuant to clause 13.1.

14.1 Amendment of Agreement: This Agreement may be amended or varied as follows: (a) If this Agreement is automatically extended pursuant to clause 11.1, NETCorp IT Solutions 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 NETCorp IT Solutions 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) NETCorp IT Solutions 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 NETCorp IT Solutions Website. These amendments and/or variations shall take effect from the date they are published on the NETCorp IT Solutions Website.

NETCorp IT Solutions 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 NETCorp IT Solutions in accordance with the Privacy Policy Act, but will not use such information so as to breach any Privacy Law.

16.1 Subject to clause 16.2, 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. 16.2 Any notice to be served by NETCorp IT Solutions 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.

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

18.1 Assignment: The Customer may not transfer its rights or obligations under this agreement to, or share them with, anyone without prior written consent of NETCorp IT Solutions. NETCorp IT Solutions may transfer its rights or obligations under this agreement to, or share them with, anyone on notice to the Customer. 18.2 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. 18.3 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.

Acceptable Use Policy means the policy set out at URL https://www.netcorp.net.au/legal/ which defines acceptable and unacceptable use of the Services by the Customer. Activation means the first order through NETCorp IT Solutions Store or log on by a Customer to the NETCorp IT Solutions Control Panel with the User ID and password supplied by NETCorp IT Solutions which when successfully completed enables the services selected by Customer to be activated. Associates means a person who is connected with others in a business; director, employee, co-worker, family or friend. NETCorp IT Solutions or NETCorp means NETCorp IT Solutions PTY LTD. NETCorp IT Solutions Network or NETCorp IT Solutions IP Network means the data communications network (based on TCP/IP and other Internet protocols) between the NETCorp IT Solutions IP routers owned and operated by NETCorp IT Solutions. NETCorp IT Solutions Website means the website located at the URL, https://www.netcorp.net.au NETCorp IT Solutions Control Panel means the website located at the URL, https://www.netcorp.net.au NETCorp IT Solutions Store means the website located at the URL, https://www.netcorp.net.au Business Hours means the hours between 6:30 am and 6:30 pm on normal business days in the State of Western Australia, Australia. Customer means the end user of Services to whom NETCorp IT Solutions 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 NETCorp IT Solutions on the NETCorp IT Solutions 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 (WA) 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 NETCorp IT Solutions Privacy policy as set out from the main URL page https://www.netcorp.net.au/legal/ Provisioning in relation to services provided under the Plan selected by Customer means NETCorp IT Solutions 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 NETCorp IT Solutions. 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 NETCorp IT Solutions supplies in connection with the Service or Services. Service Level Agreement means the agreement set out at the URL https://www.netcorp.net.au/legal/ Supplier means any supplier of goods or services (including without limitation interconnection services) used directly or indirectly by NETCorp IT Solutions 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.

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 NETCorp IT Solutions’s domain name registrar, GoDaddy 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.

3.1 Registration: NETCorp IT Solutions 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 NETCorp IT Solutions 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 NETCorp IT Solutions nor GoDaddy 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. NETCorp IT Solutions 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 email.

4.1 Payment of Domain Names Fees: NETCorp IT Solutions 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 NETCorp IT Solutions nor GoDaddy accepts liability for any failure, for any reason whatsoever, to renew a Domain name on a timely basis. 4.2 Delays in Payment of Domain Name Fees: NETCorp IT Solutions 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 NETCorp IT Solutions to register or renew a Domain name before NETCorp IT Solutions is able to process the application or renewal. Neither NETCorp IT Solutions nor GoDaddy 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.

You must not use our Services to: Violate anyone’s copyright or intellectual property rights; Send Infringing Texts. Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or rights of publicity; Tamper with the Carriers’ networks. Interfering with or disrupting networks connected to the Service or violating the regulations, policies or procedures of such networks; Publish or transmit defamatory, obscene, threatening, abusive or offensive material or content which breaches the ratings of the Classification Board; Publish content which is unsuitable for minors without using appropriate warnings and/or labeling systems for that content; Enable minors to access content inappropriate for a minor or to make contact with minors other than minors known to you; Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email or text messages sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers or Carriers, or any activity which is prohibited under: (a) the Spam Act 2003 (Cth); (b) any other applicable legislation and regulations; and (c) policies or regulations of any regulatory authority or body having jurisdiction over such activities; Breaches of the SPAM Act 2003 (Cth) carry heavy penalties (up to $220,000 per day for individuals and up to $1,100,000 per day for companies). Facilitate or engage in the sending of solicited broadcast, bulk or commercial email or otherwise utilize our Services in a manner which may, in our opinion, compromise or adversely affect server performance or network integrity. Create or propagate Internet viruses, worms and other types of malicious programs; Facilitate or engage in “Hacking” which we regard as including gaining illegal or unauthorized access to any computers, accounts or networks accessible through the Internet; Misrepresent transmission information by forging, deleting or altering message headers, return mail information and/or Internet Protocol addresses in order to conceal or misidentify the origin of a message; Interfere with, disrupt or jeopardise or threaten to interfere with, disrupt or jeopardise our Services and/or the ability of our customers or any of them to use the Services; or Breach any relevant law, Federal, State or international. Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers, or any activity which is prohibited under: If you have Cloud Hosting or other Shared Web Hosting, you also must not: Distribute, File-share or store multimedia files if those files account for more than 20% of the disc space usage on your website in terms of total space and/or number of files. For these purposes multimedia files comprise any graphic, pdf, audio and video files; Use our Services for development purposes; Use our Services for CGI script sharing; or Run background programs without our prior written permission.

You agree to comply with the service usage limitations of the plan or product selected by you. Service usage limitations apply to: Bandwidth Traffic (inbound, outbound and aggregated) Data storage Text Messaging Server resources Mailboxes It is your responsibility to be aware of the usage limitations under the plan or product selected by you, and to observe them. These limitations enable us to operate our network at optimal efficiency for the benefit of all customers and users, and to ensure that all our customers enjoy internet services of the highest quality. If you exceed the service usage limitations applicable to your plan, we may at our option shape your services, charge additional fees and/or take other actions to restrict use of the services until the service usage limitations are observed. If excessive use in breach of the service usage limitations in your Plan adversely affects server performance or network integrity, we reserve the right to shut down your service without notice to you. NETCorp IT Solutions reserves the right to refuse service or shut down a service if your peak usage of resources exceeds 10x the usage of an average NETCorp IT Solutions customer. This includes but is not limited to total mail domain allocated space, the number of mail users under unlimited user plans, email hosting, shared web hosting and virtual server data usage under unlimited plans. Additional fees and charges may apply for usage outside these terms.

We exercise no direct supervision or control whatsoever of content and software transmitted through our network or hosted on our infrastructure, and we do not monitor your websites, the content published them or your activities to determine whether they fail to comply with this Usage Policy or with any relevant law. We do monitor usage limitations using various tools to ensure that our network and infrastructure is operating at optimal efficiency. When we become aware of any breach or threatened breach of this Usage Policy, we may take whatever action we deem necessary, in our sole discretion and without notice to you, to correct such breach or threatened breach, including: Monitoring your website and traffic; Shutting down a website or Service; Suspending or denying access to the Services or to the Internet on a temporary or permanent basis; and/or Deleting or removing content or software stored on our infrastructure. In certain circumstances we can be required to remove content from our network infrastructure by third parties, including on receipt of a Take Down Notice under the Copyright Act of 1968 (as amended)(Commonwealth of Australia). In all cases you will indemnify us against, and we will not be held liable for, any loss or damage which you may suffer through the suspension, unavailability or removal of the Services or which we may suffer where your use of the services causes loss or damage to a third party.

You should be aware that we may disclose information relating to you and your use of the Services, including website activity and Internet transmissions, in order to comply with any court order, subpoena, summons, discovery request or order made by any competent court or any warrant or request of any authorized government agency.

We reserve the right to investigate suspected violations of this Usage Policy, including the gathering of information from users involved and from complainants, as well as examination of materials and content which may have been stored on or transmitted through our network. In investigating breaches of this Policy, you authorise us to cooperate with law enforcement authorities and other regulators as well as other systems administrators at other Internet and carriage service providers.

NETCorp IT Solutions’s objective is to have Service Availability for Services covered by this SLA of at 100%. Service Availability is defined as the percentage of time Services are available to the Customer during the course of a month. Service Availability is calculated in accordance with the following formula: Service Availability for Month = ( (T – D) x 100 ) / T Where: T is the total number of minutes in the Month; and D is Downtime. Downtime means any interruption to availability of Services which exceeds 90 seconds, but does not include interruptions resulting from: (a) planned outages for scheduled maintenance; (b) network outages caused by other carriers; (c) Force Majeure (as defined in the Standard Terms and Conditions); (d) Any other circumstances outside the reasonable control of NETCorp IT Solutions, including without limitation interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; (e) Any acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding, any negligence, wilful misconduct, or use of the Services in breach of NETCorp IT Solutions’s Standard Terms and Conditions and/or Acceptable Use Policy; NETCorp IT Solutions measures Service Availability at the point (Service Delivery Point) where the Internet interfaces with the NETCorp IT Solutions router within the NETCorp IT Solutions Data Centre through which the Services are provided. Service Availability is determined primarily through the NETCorp IT Solutions Support Contact page at https://www.netcorp.net.au/support/. This page submits a form notifying NETCorp IT Solutions of the fault through the Support Contact page. Third Party Products or Services – NETCorp IT Solutions does not provide a Service Level Agreement for Products and Services hosted external from the NETCorp IT Solutions Data Centre facility. Service Level Guarantee (Cloud SLG) – NETCorp IT Solutions does not provide a Service Level Guarantee or Customer Rebates if our objective of 100% SLA is not achieved with our Cloud Products. You may however, upgrade or purchase a Service Level Guarantee (Cloud SLG) applicable to your Cloud Product.

NETCorp IT Solutions’s objective is to have Service Availability for Services covered by this SLG of at 100%. Service Availability is defined as the percentage of time Services are available to the Customer during the course of a month. Service Availability is calculated in accordance with the following formula: Service Availability for Month = ( (T – D) x 100 ) / T Where: T is the total number of minutes in the Month; and D is Downtime. Downtime means any interruption to availability of Services which exceeds 90 seconds, but does not include interruptions resulting from: (a) planned outages for scheduled maintenance; (b) network outages caused by other carriers; (c) Force Majeure (as defined in the Standard Terms and Conditions); (d) Any other circumstances outside the reasonable control of NETCorp IT Solutions, including without limitation interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLG; (e) Any acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the Services in breach of NETCorp IT Solutions’s Standard Terms and Conditions and/or Acceptable Use Policy; (f) Email delivery delay’s of any kind caused by Spam filtering, Delays with Third party Networks, 3rd Party Software, Telecommunication services and IP Blacklisting. NETCorp IT Solutions measures Service Availability at the point (Service Delivery Point) where the Internet interfaces with the NETCorp IT Solutions router within the NETCorp IT Solutions data centre through which the Services are provided. Service Availability is determined primarily through the NETCorp IT Solutions Support Contact page at https://www.netcorp.net.au/support/. This page submits a form notifying NETCorp IT Solutions of the fault through the Support Contact page.

NETCorp IT Solutions will provide the following rebates for service unavailability:

SLA Hours in Month	Equivalent %	Monthly Fee Rebate
0.00 – 0.73	100.000% – 99.900%	5%
0.74 – 4.5	99.898% – 99.384%	25%
4.60 – 12.5	99.385% – 98.288%	50%
12.60 – 14.5	98.289% – 98.014%	75%
14.60 or greater	98.015% – or Less	100%

Customers must submit a claim for a fee rebate within 10 working days after the end of the month in which the interruption to service availability occurred using the Support Contact page provided at https://www.netcorp.net.au/support/. A Customer is not entitled to claim a fee rebate where your account payments are not within Terms. A Customer is only entitled to the rebate if the interruption to service availability occurred when having the Cloud SLG Optional Add-on enabled for a particular service. Rebates will be applied in the way of a Credit to your account for use with future billing periods and are not redeemable for cash when cancelling a service.