| Desert Crystal Solutions Terms and Conditions as at December, 1st 2006-2008. This agreement represents the complete agreement and understanding between Desert Crystal Solutions and the account holder and supersedes any other written or oral agreement. Upon notice published on-line via Desert Crystal Solutions, Desert Crystal Solutions may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. |
| If you do not agree to these terms and conditions, please notify our accounting manager at 0400 602 217, or at 10 Cleo Court, Hervey Bay, QLD 4655 so we may initiate the closure of your account. |
| 1 | Term & Definitions |
| 1.1 | The term "Desert Crystal" refers to Desert Crystal Solutions (A.C.N. QLD BN20543396, A.B.N. 47 674 973 495). The "Client" is any person nominated by the Customer who is authorised to use the Account. The "account" means the Customer and the Designated Customers right to use the service. |
| 1.2 | This agreement commences on the date the application is approved and continues until expiry of the Term, or until earlier termination in accordance with this agreement. |
| 2 | Service |
| 2.1 | Desert Crystal Solutions will assign the Client a logon name and password which will provide the Client with access to the services agreed to by the Client and Desert Crystal Solutions. Desert Crystal Solutions will provide the Client with Web and Email Services as per the Web Host service level they have selected and as defined under http://www.desertcrystal.net/ |
| 2.2 | Desert Crystal Solutions will advise the Client of correct operational procedures via the support web pages located both with Cpanel and on the Desert Crystal Solutions website http://www.desertcrystal.net/contact/. |
| 2.3 | The Client must pay to Desert Crystal Solutions the Hosting Fee and Setup Fee in advance. The Hosting Fee is inclusive of all government taxes or charges and inclusive of any registration or delegation charges imposed by domain name authorities. |
| 2.4 | Scheduled Maintenance - Desert Crystal Solutions must perform scheduled maintenance to servers from time to time. Desert Crystal Solutions will attempt to perform all scheduled maintenance at times which will affect the least number of Clients. If scheduled maintenance requires the service to be off-line for more than 30 minutes Desert Crystal Solutions will post details of the scheduled maintenance to the Desert Crystal Solutions website at least 24 hours before the scheduled maintenance commences. |
| 2.5 | Unscheduled maintenance may need to be performed due to data corruption or equipment failure. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, Desert Crystal Solutions will post details of the event to the Desert Crystal Solutions website after the maintenance has been completed. |
| 2.6 | Archiving of Data - Desert Crystal Solutions will archive Client's data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, Desert Crystal Solutions will restore from the last known good archive. In the event of corruption of all Desert Crystal Solutions's archives, or in the event that an old archive is used to restore data, the Client should be prepared to upload their data to their Web Site. This process requires that the Client maintains a recent copy of their data at their premises at all times. |
| 3 | Warranties and Liabilities |
| 3.1 | Desert Crystal Solutions does not warrant that: |
| 3.1.1 | the services provided under this agreement will be uninterrupted or error free; or |
| 3.1.2 | the services will meet the Client's requirements, other than as expressly set out in this agreement. |
| 3.2 | Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of Desert Crystal Solutions for any breach of the term will, if permitted by that statute be limited, at the option of Desert Crystal Solutions, to any one or more of the following:- |
| 3.2.1 | the supply of the services again; or |
| 3.2.2 | payment of the cost of having the services supplied again |
| 3.2.3 | The Client warrants that at the time of entering into this agreement it is not relying on any representation made by Desert Crystal Solutions which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by Desert Crystal Solutions. |
| 3.2.4 | The Client warrants that it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person. |
| 3.2.5 | The Client warrants that it will keep secure any passwords used to upload data to the Server. |
| 3.2.6 | The Client warrants that all data uploaded onto the Server under this agreement will not expose Desert Crystal Solutions to the risk of any claim, legal or administrative action or persecution. |
| 3.2.7 | Desert Crystal Solutions reserves the right (but is under no obligation) to "Remove from Internet Access" any part of the Client Data that, in Desert Crystal Solution's opinion, infringes any of the warranties set out in this agreement. |
| 3.2.8 | Desert Crystal Solutions has no obligation to review or edit content of the Client Data. |
| 3.2.9 | The Client is solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to the Client Data to Desert Crystal Solutions. |
| 3.2.10 | If there is any claim against Desert Crystal Solutions due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold Desert Crystal Solutions harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim. |
| 4 | Termination |
| 4.1 | Either party may terminate this agreement by 30 days notice in writing (written or fax) to the other party. If the client has paid a Yearly fee and terminates the agreement before the end of the term, then the contract shall revert back to a monthly payment schedule. Desert Crystal Solutions will calculate any refund to the Client based on Yearly Fees paid less the monthly payment schedule multiplied by the number of months the contact has operated. |
| 4.2 | On termination or expiry of this agreement for any reason, Desert Crystal Solutions may delete all Client Data from any storage media. |
| 5 | Miscellaneous |
| 5.1 | The Client grants to Desert Crystal Solutions a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. |
| 5.2 | A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. |
| 5.3 | This agreement and the transactions contemplated by this agreement are governed by the law in force in Australia. |
| 5.4 | The Client may not assign its rights and obligations under this agreement without the prior written consent of Desert Crystal Solutions. |
