Terms and Conditions

Telligence Pty Ltd agrees to host a web site for you on the Internet (the “service”).

The provision of the service by Telligence Pty Ltd and your obligations in receiving the service are completely set out in this agreement (the “Agreement”).

This Agreement is a continuing agreement on a monthly basis. Telligence Pty Ltd may vary the terms of this Agreement at any time by giving you one month’s notice. You cannot impose on Telligence Pty Ltd any terms or conditions outside this Agreement.

Where this Agreement refers to a party giving notice or requesting information, that means a written notice or request hand delivered or delivered by mail or facsimile. The laws of New South Wales apply to this Agreement.

Telligence Pty Ltd will provide?

Telligence Pty Ltd will endeavour to provide the service on a continuous basis 24 hours a day, 7 days a week. However, you understand that factors including failure of Telligence Pty Ltd’s hardware, software, power supply or telecommunications link could result in the service being unavailable.

The service may also be unavailable from time to time (“outage”) due to emergency or scheduled maintenance by Telligence Pty Ltd. In the case of scheduled outage, Telligence Pty Ltd will publish expected outage times and duration and will, if requested by you, e-mail this information to you. You acknowledge that at times congestion of parts of the Internet will mean the service is more limited than at other times or temporarily not available for access by you or other users of the Internet.

You acknowledge that temporary unavailability of the service for these and any other reasons is not a breach of this Agreement by Telligence Pty Ltd.

Information and Content

You are solely responsible for the selection, dissemination and use of information made available via the service. Telligence Pty Ltd does not control or edit the content of information available in connection with the service in any way. You understand that some information may be offensive to, or leave you liable to, claims by other parties in Australian or other jurisdictions. You understand that making available some information may be illegal in Australian or other jurisdictions.

Telligence Pty Ltd does not accept, and excludes to the fullest extent it is legally able to do so, all responsibility and liability for information accessed through your Web site. You accept all responsibility and liability for information accessed through your Web site. You understand that the service and the Internet may not be secure or confidential and that information may be intercepted or read or interfered with by an unauthorised person.

You are responsible for the selection and use of any security features in relation to internet transmissions. Telligence Pty Ltd is not responsible for any disclosure of confidential information occurring through the service. You acknowledge that there is potential risk of damage to your software, hardware or stored information through computer malfunctions, viruses or worms, to which your computer may be exposed through provision of the service.

Telligence Pty Ltd is not responsible for any damage suffered as a result of exposure to these or other potential dangers. You are responsible for maintaining back-up copies of stored information. You are responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks. Except where this Agreement states otherwise, Telligence Pty Ltd excludes all warranties (whether express, implied or statutory) relating in any way to the service to the fullest extent it is legally able to do so.

Telligence Pty Ltd’s liability for breach of any warranty implied into this agreement by statute which cannot be excluded is limited to the supply of the service again or, at Telligence Pty Ltd’s option, to payment of the costs of having the service supplied again.

The Service

Telligence Pty Ltd will provide you the use of a server connected to the Internet to host your web site. You must not exceed the Disk Space or do anything which, in the reasonable opinion of Telligence Pty Ltd, causes a detrimental effect to any other general computing resources provided by Telligence Pty Ltd to operate the Web Server (“resources”), and if you do, Telligence Pty Ltd may (in addition to any other rights it may have under this Agreement) limit the Space to the amount specified, or limit the resources.

You will be responsible for all charges incurred in relation to your Space and any misuse of the Space. This liability applies whether it was you, a person authorised by you or an unauthorised person using your Space. You will be responsible for designing, loading and maintaining any content of your Web site. You are not permitted to transfer or resell your rights to use the service, any parts of your space or any other rights conferred on you by this Agreement.

Terms of Trade

Unless otherwise agreed Telligence's ongoing services (hosting and support) will be paid for by you in advance.  Our invoicing terms of trade are Net 15 days. Should your payment not be received in accordance with our terms of trade Telligence may end, or suspend, the provision of the service without prior notice. The decision to either end or suspend the service will be at Telligence's discretion and Telligence reserves the right to charge a fee to re-instate the service should you pay the outstanding debt.

Ending the Agreement

Either you or Telligence Pty Ltd may end this Agreement by giving one month’s written notice to the other.

Telligence Pty Ltd may also end this Agreement and the provision of the service immediately and without prior notice to you if you breach any provision of this Agreement or if it reasonably considers you have misused the service.

What are Your Duties in Relation to the Internet and to Other Users? You must not use the service in any way which might interfere with, disrupt or impair the Internet, the service, the equipment or access to the service by other users.

You must not transmit or disseminate on the Internet any viruses or worms. You must not transmit or disseminate on the Internet any material that is harassing or threatening or any material that is defamatory. You must not use the Internet or the service for any illegal purpose, transmit information illegally or do any act which is illegal under any law. You must not do anything which will or may constitute an infringement of copyright.

You must not make available any information which will or may leave Telligence Pty Ltd liable to any civil or criminal penalty or any claim by any person or which may cause loss or damage to Telligence Pty Ltd or to any person.

Telligence Pty Ltd may notify you from time to time of operating rules relating to use of the service. You agree you will observe these rules. Failure to do so will be a breach by you of the Agreement entitling Telligence Pty Ltd to immediately terminate the Agreement and the service.

Your Identity

You warrant the name and address and other identification details you provide to Telligence Pty Ltd are correct. You must notify Telligence Pty Ltd if any of these details change.

You authorise Telligence Pty Ltd to provide your name, address and other information identifying you to any person or government or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of Telligence Pty Ltd, disclosure is necessary to protect Telligence Pty Ltd against any actual or potential claim by another person which may, in the reasonable opinion of Telligence Pty Ltd, cause loss or damage to Telligence Pty Ltd.

Your Liability

You acknowledge that you will be liable for any damage caused by any breach of this Agreement by you or anyone else using your Web site. You indemnify Telligence Pty Ltd against any claims by any other party arising out of your actions or the actions of someone using your Web site.

This indemnity includes, without limitation, claims as a result of the transmission or propagation of any illegal, fraudulent or offensive material by you or another person using your account. The indemnity also includes claims as a result of any use of the service or action which infringes the copyright or other intellectual property rights of any other party.

PowerSites Product Ownership

You own the content, images, text and user inputted data in your PowerSites web site. Telligence Pty Ltd at all times retains the ownership and copyright to all ColdFusion code, templates, your My PowerSites administration area and any intellectual property arising from the development of the PowerSites product. Your PowerSites web site shall at all times be hosted on web servers under the control of Telligence Pty Ltd.