STANDARD TERMS OF SERVICE

("Fireworks Websites Pty Ltd")
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES ("STANDARD TERMS")

1.APPLICATION OF THESE STANDARD TERMS

1.1 A person or company that accepts an order from Fireworks Websites for the provision of internet services ("the Services") enters into a binding legal agreement with Fireworks Websites ("User Agreement") which consists of:

1. the order;
2. these Standard terms of Service ; and
3. the Service Level Agreement

1.2 By, accepting the order, the Customer agrees to be bound by the User Agreement.

2. INTERPRETATION

2.1 In the User Agreement, unless the context requires otherwise:

1. The singular includes the plural and vice versa.
2. A reference to any gender includes all other genders.
3. A reference to a statute means that statute as in force from time to time, and to any statute passed in substitution for that statute.
4. The word "includes" means "includes but is not limited to".
5. Where one part of speech of a word is defined, other parts of speech of that word have corresponding meanings.
6. A reference to A$, $A, dollar or $ is to Australian currency.
7. If a day on or by which an obligation must be performed or an event must occur is not a business day in the place where it is to be performed, the obligation must be performed or the event must occur on or by the next business day.
8. Headings are for ease of use and reference only, and do not affect interpretation.

3. PROVISION OF THE SERVICES

3.1 Fireworks Websites will commence supplying the Services to the Customer within seven days of the date of first payment for the Services unless otherwise agreed with the Customer.
3.2 Fireworks Websites will continue to provide the Services until the User Agreement is terminated in accordance with paragraph 10.
3.3 Fireworks Websites will provide the Customer with all identification and log-in information necessary for the Customer to access and use the Services.

4. CHARGES

4.1 Charges for the Services ("Charges") will be calculated according to the billing option and pricing structure for the Services selected by the Customer.
4.2 Charges for yearly website and email hosting services are on yearly contract cycles and are non-refundable once paid.  Refunds are not provided if the service is no longer required or cancelled mid term.
4.3 Charges are exclusive of taxes, duties and government charges, other than income tax ("Taxes") imposed or levied in Australia or overseas in relation to the supply of the Services.  GST and other Taxes imposed on Fireworks Websites shall be added to the Charges, and shall be paid in accordance with paragraph 5.

4.5 Charges may be modified in accordance with paragraph 12.

5. PAYMENT

5.1 The Customer must pay any Charges which have not been prepaid by the Customer by the due date specified on the invoice sent to the Customer monthly ("Customer Account").
5.2 All overdue Customer Accounts will incur interest at the rate set out in the Penalty Interest Rate Act (Vic.).
5.3 Fireworks Websites may refer Customer Accounts (which it has notified to the Customer are more than 30 days in arrears) to a debt collection agency, without further notice to the Customer.
5.4 The Customer must pay Fireworks Websites on demand any expenses incurred by Fireworks Websites as a result of the Customer's failure to pay the Charges by the due date, including debt collection fees and Fireworks Websites's legal costs on an indemnity basis, regardless of whether Fireworks Websites has commenced legal proceedings to recover the amount due.
5.5 If the Customer disputes the Charges payable on the Customer's Account ("Dispute"), and has notified Fireworks Websites of the Dispute and the reasons for it, the Customer may withhold the disputed amount of the Charges until the Dispute is resolved, but must not withhold any other part of the Charges.
5.6 The Customer must pay Fireworks Websites the disputed amount of the Charges within 60 days of the due date for payment unless the Dispute has been resolved or referred by a party to a court, tribunal or other body with authority to resolve it.

6. USE OF THE SERVICES

6.1 The Customer is responsible at its own expense for the provision of all equipment, including computer hardware and telecommunication connections, needed to use and access the Services.
6.2 The Customer must comply with:

1. any other reasonable policies Fireworks Websites may notify to the Customer from time to time in connection with the provision or use of, or access to the Services.

6.4 The Customer must not, and must use its best efforts to ensure any person who accesses the Services does not, use or attempt to use, the Services:

1. to infringe the intellectual property rights of any person, including use, sale or transmission of software or other material which infringes copyright;
2. to publish, distribute or issue any information or material which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons;
3. for any purpose or activity which is illegal, or to promote any such activity;
4. to sell or offer to sell pornography or sex-related merchandise;
5. to provide links to another website which contains any content referred to in paragraph (b) or is used for the purposes set out in paragraphs (c) and (d);
6. to access without authorisation any other computer accessible via the Services.

6.5 The Customer shall take all reasonable steps to ensure that the Customer's hardware, software or network configuration (including IP addresses) are not used to cause any security breach or attack on Fireworks Websites's or other Customers' hardware, software or network configurations.
 The Customer may not share CGI-Scripts with domains not hosted by Fireworks Websites.
6.7 The Customer must not run Background Daemons, other than on Virtual Private Server (VPS) accounts.
6.8 The Customer must use passwords of a least eight characters, which include at least one of each of a number, an uppercase letter and a lowercase letter, for the purpose of the Services.
6.9 The Customer must ensure that the information it provides to Fireworks Websites is complete, accurate and up to date throughout the period that Fireworks Websites provides Services to the Customer.

7. BACK-UPS

7.1 Fireworks Websites will perform daily backups of Customer Content and retain these backsup for a 14 day period.
7.2 If Fireworks Websites is not required to perform backups of Customer content under paragraph 7.1, the Customer agrees to perform any backups necessary to protect the Customer from incurring financial loss as a result of data loss.

8. SUSPENSION OF SERVICES AND REMOVAL OF CUSTOMER CONTENT

8.1 Fireworks Websites may from time to time without notice to the Customer suspend the Services or disconnect or deny the Customer access to the Services if:

1. in Fireworks Websites's reasonable opinion, the Customer's use of the Services adversely affects Fireworks Websites Server performance or the integrity of the Fireworks Websites computer network.

8.2 Fireworks Websites may in its absolute discretion suspend the Services or disconnect or deny the Customer access to the Services if:

1. the Customer breaches the User Agreement;
2. a Customer's Account is more than 15 days in arrears.

8.3 Services suspended under paragraph 8.2 will not be reinstated until the breach is remedied if capable of being remedied, or the account and interest is paid in full, and a fee of $25 for the administrative costs of reinstatement is paid.
8.4 Fireworks Websites shall compensate the Customer for suspension of service pursuant to paragraph 8.1(a) only, in accordance with the Service Level Agreement.

9. WARRANTIES AND LIMITATION OF LIABILITY

9.1 Fireworks Websites does not give any express warranties in relation to the Services, including warranties that:

1. Customers will have continuous access to, or usage of the Services; or
2.  Servers will not be lost or corrupted;
3. it will be able to prevent unauthorised persons obtaining access to Customer Content.

9.2 Any condition or warranty which would otherwise be implied into this User Agreement is excluded, unless it would be unlawful to do so.
9.3 Fireworks Websites's liability to the Customer in relation to the Services on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:

1. the supplying of the Services again; or
2. the payment of the reasonable costs of having the Services supplied again.

9.4 The Customer acknowledges that Fireworks Websites does not and cannot control, supervise or edit any information or material accessed through the Services and that Fireworks Websites is not responsible for any content or information accessed via the Services.

10. TERMINATION

10.1 Either party may terminate the User Agreement by giving notice to the other if the other commits a material breach of any provision of the User Agreement which:

1. can be rectified, and fails to rectify the breach within thirty days of notice being given by the party alleging the breach, describing the breach and the action which must be taken to rectify it; or
2. cannot be rectified.

10.2 Fireworks Websites may terminate a User Agreement by giving notice to the Customer if the Customer knowingly provides false or misleading information to Fireworks Websites.
10.3 The Customer may terminate a User Agreement by giving Fireworks Websites notice at least two business days before the end of any period for which the Customer has paid for provision of Services ("Paid-up Period") with effect from the end of that Paid-up Period.
10.4 Fireworks Websites may terminate a User Agreement by giving the Customer notice at least twenty one days before the end of a Paid-up Period, with effect from the end of that Paid-up Period.
10.5 If the User Agreement is terminated by Fireworks Websites under paragraph 10.1 or 10.2, all outstanding Charges will become payable upon the giving of notice of termination.
10.6 Fireworks Websites is not required to refund any prepaid Charges, unless the User Agreement is terminated by the Customer under paragraph 10.1.

11. SUB-CONTRACTS

11.1 Fireworks Websites may sub-contract the performance of its obligations under the User Agreement without obtaining the Customer's consent.

12. VARIATION OF USER AGREEMENT

12.1 Fireworks Websites may modify the User Agreement (including by varying the Services or the Prices) by email sent to the last email address provided to Fireworks Websites by the Customer, or by changing a renewal order.  Modifications shall not take effect until the later of the day following the last day of the Customer's current Pre-paid Period, or thirty days after the Notice of Modification is given.  Any use of the Services after the date on which modification takes effect will constitute acceptance of the modification.
12.2 The User Agreement may only be modified by a written agreement between Fireworks Websites and the Customer, or in accordance with paragraph 12.1.  The User Agreement and any such written agreement constitute the entire agreement between Fireworks Websites and the Customer.

13. NOTICE

 Notices may be delivered by hand, by receipted mail, or by email to the last email address provided to Fireworks Websites by the Customer, or Fireworks Websites's address as identified on the www.Fireworks Websites.com.au website.
13.2 Notice will be treated as given:

1. in the case of hand delivery, on the date of delivery;
2. in the case of postal delivery, on the date of delivery recorded by the postal authority;
3. in the case of email, on receipt by the sender of notification that the email has been received by the recipient's email server, but if the delivery or receipt is not on a business day or is after 5.00pm on a business day in the place where it is received, the notice is taken to be received at 9.00am on the next business day.

13.3 It is the Customer's responsibility to notify Fireworks Websites of any changes to its contact details.

14. GENERAL

14.1 The User Agreement (and the validity and enforceability of the User Agreement) are governed by and to be interpreted in accordance with the law of the State of Victoria in the Commonwealth of Australia, without reference to its conflict of laws rules.  The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, and the federal courts of the Commonwealth of Australia.  The parties irrevocably waive any right they may have to object to those courts exercising jurisdiction on the ground that the court is not a convenient forum.
14.2 If any provision of the User Agreement is illegal, unenforceable or void in any jurisdiction, then, with respect to that jurisdiction only:

1. that provision shall be read down if possible so that it is no longer illegal, unenforceable or void in that jurisdiction; and
2. if it is not possible to read down that provision, it shall be severed from the remaining provisions of the User Agreement, with respect to that jurisdiction only.

14.3 No act or omission by a party shall constitute a waiver of any of its rights under the User Agreement, other than an express waiver of those rights in writing signed by the party to be bound.
14.4 The User Agreement supersedes all prior agreements and understandings between the parties, and constitutes the entire agreement between the parties relating to the subject matter of the User Agreement.

15. UPGRADING SERVERS & HOSTING PLATFORMS

15.1 Fireworks Websites regular upgrade the servers with latest versions of PHP, MySQL and other software. These upgrades are necessary to maintain the security, workability and performance of the servers.
15.2 Any software incompatibility of technical issues that arise from a hosting upgrade should be attended to by the website developer who originally set up the website. Depending on the situation this may or may not be covered by a Fireworks warranty. Refer to the terms & conditions of the warranty for more information.