the standard terms and conditions which apply to all websites and projects,
hosted and managed by Cyber Factory. For the most part they should
not have any effect on the way you use our services, the conditions
outlined in this document are not intended to be more restrictive than
most other commercial IT services available in the Australian Market.
provided to protect both ourselves, you and other clients using our
services from having your level of service being down graded by the
actions of others. If you have any problems with any of the conditions
or terms please feel free to contact us as we are willing to discus and
resolve any problems you may have.
provided by Cyber Factory.
accepting these terms and conditions the client recognises that they are
also accepting to act within the bounds of the Acceptable Usage Policy
agrees to use Services according to the following terms and
client agrees to use the services according to the account selected or
as specifically stated on their invoice. In the case of developers or
where a single client holds multiple accounts these terms and conditions
will be taken as binding to all existing and subsequent accounts once
the client has provided acceptance of these terms and conditions.
All accounts are to be paid by DirDep on a monthly basis in advance
before the beginning of each month. Payments not received by the 10th
day of the month will be charged to the nominated C/C account, plus
a transaction fee of 3%. Cyber Factory will refund the proportional
value of any unused services less any outstanding charges owed by the
client. Excess usage charges will be billed and arrears must be paid
by the client. Suspended accounts will be charged a $20 fine for paper
work and processing fees.
of Agreement. Cyber Factory may from time to time vary the terms,
charges and conditions outlined in this agreement. The version of this
agreement that is published at www.Cyber Factory should always
be taken as the binding and most recent version of these terms and conditions.
4. Term of
Agreement. Subject to clause (5) This agreement will continue for a
period of 3-months unless otherwise stated. This agreement will automatically
be renewed on a monthly basis at the end of the initial Term unless
terminated in accordance with this Agreement.
Termination of agreement. Unless otherwise stated this agreement may be
terminated at any time by the client on the giving of 30 days notice.
Unless otherwise stated this agreement may be terminated by
Cyber Factory on the giving of 30 days notice. If this agreement is
terminated by either party, the proportional value of any unused prepaid
services will be refunded unless the use of service was illegal.
with Law. In using the services provided the client must abide by all
applicable Local, State (Queensland), Federal and International laws,
treaties and regulations and any violation of this provision can result
in termination immediately or with 30 days notice depending on the severity
of the violation at the absolute discretion of Cyber Factory.
Limitation of Liability. Cyber Factory does not warrant to the
client that the client will receive continual and uninterrupted services
during the Term of this agreement. In no event shall Cyber Factory
be liable to the Client for damages resulting from or in relation to any
failure or delay of Cyber Factory to provide services under this
Agreement if such delays or failures are due to circumstances beyond our
control. Such a failure or delay shall not constitute a default under
Cyber Factory, its directors, agents or
employees will not be liable in any way for any form of loss or damage
of any nature whatsoever suffered, whether arising directly or
indirectly, by the Client or any person related to or dealing with the
client out of, in connection with or reasonably incidental to the
provision of the services by Cyber Factory to the Client.
8. Disclaimer of Warranties. While Cyber Factory uses all
reasonable care in providing the Service, Cyber Factory shall
not have any liability whatsoever in respect of any loss or damage resulting
from the provision of the Service, errors or omission in information
provided in relation to the service. Cyber Factory's liability
in the event of failure to provide adequate service shall not extend
beyond the cost of providing a comparable service.
Indemnity. Client agrees to defend, indemnify and hold Cyber Factory
harmless from and against any and all claims, losses, liabilities and
expenses (including solicitors' fees) related to or arising out of the
Services provided by Cyber Factory to Client under this Agreement,
including without limitation claims made by third parties (including
customers of Client) related to any false advertising claims, liability
claims for products or services sold by Client, claims for patent,
copyright or trademark infringement, claims due to disruption or
malfunction of services provided here under, or for any content
published by Client using the Services, but excluding those directly
caused by the negligence of Cyber Factory.
of Service. Cyber Factory retains the right to refuse services
to the Client. Refusal of service may result if:(a) the client fails
to pay accounts within 7 days of the due date. (b) if the agreement
is terminated; or (c) if the client uses the misuses the services or
fails to comply with the customers obligations under the agreement.
servers. The Client understands the Service is provided on a shared
server and acknowledges that its web-site cannot overwhelm the server
through unnecessarily excessive use of CPU (such that other users/machine
performance are/is adversely affected). If a client is deemed to be
placing excessive usage on the server it will be deemed by Cyber Factory
that shared services are no longer appropriate and will need to relocate
their account to a dedicated service. In such a case, if required Cyber Factory
will refund any unused portion or prepaid services.
Severability. Should any part of this Agreement be or become invalid,
that part shall be severed from this Agreement and such invalidity shall
not affect the validity of the remaining provisions of the Agreement.
The Client must ensure their password is only given to people whom they
give authority to access their account. Cyber Factory takes no
responsibility to damage or loss resulting from unauthorised access
to an account where access is gained with a valid username and password.
Cyber Factory systems will never request to be notified of the
Email. The Client must not send Unsolicited bulk email via Cyber Factory's
mail servers. The Clients site must not be referenced or linked to in
Permission to access data. The client is given the authority to access
data contained in their account only. With the exception of having
read-only access log files, users do not have the authority to access,
read or write data to any other location on the Cyber Factory
Accounts. Accounts may be suspended if they are not paid within 7 days
of due date and prior arrangements are not made. All data contained
in a suspended account will remain on the system, BUT account holders
will not be able to access it, the website will display a notice stating
that the account is in arrears. Accounts will be removed from the system
and all associated data deleted if the account is not paid within 1
month of due date. Whilst accounts are in arrears, clients will not
have access to data stored on Cyber Factory servers. Cyber Factory
reserves the right to delete data on cancelled accounts.
access. Attempt to use Cyber Factory's servers by the Client to
attack other networks/computers will result in cancellation of the account
at the discretion of Cyber Factory.
Agreement. The Client acknowledges and agrees that this Agreement is the
entire Agreement between the parties and excludes all oral or implied
representations and terms unless such terms are agreed between the
parties in writing.
Acceptable Use Policy
acceptable usage policy is designed to make clear exactly which
activities must not be engaged in whilst using services provided by
will in no way restrict your activities provided you act in a
considerate and law abiding manner.
of changes. Cyber Factory may from time to time vary the Acceptable
usage policy, charges and conditions outlined in this agreement. The
version of this agreement that is published at www.Cyber Factory
should always be taken as the binding and most recent version of these
terms and conditions.
Maintenance. From time to time we must take the service off-line to
perform maintenance in the form of software and hardware upgrades to
ensure the services continues to operate at its optimum. Maintenance
will be carried out in periods of low usage to minimise disruption. All
clients will be notified on their nominated contact email address in a
reasonable amount of time prior to such activities.
abuse. The act of sending unsolicited email ("spam" or "junk mail"), or
allowing other parties to send such email through you account is not
acceptable. Distributing, advertising or promoting software or services
that have the primary purpose of encouraging or facilitating unsolicited
E-mail or spam is also prohibited. Customers are also responsible for
ensuring that they do not advertise or promote themselves through
UBE/UCE. Upon receipt of complaints regarding such activities
Cyber Factory will act to prevent such further occurrences, This may
include account suspension or cancellation.
Headers. Forging or modifying email headers to hide or mislead your
identity will not be accepted.
or unauthorised access. Gaining or attempting to gain illegal access,
or access without authorisation to computers, networks or accounts owned
by Cyber Factory or any external party will not be accepted. Activities
related to attempts to gain access to Cyber Factory computer or
equipment, or such equipment owned by other parties will not be accepted.
Such activities may include (scans or other information gathering activities).
Copyright and intellectual property violations. Cyber Factory will
not monitor or interfere with content published on our servers unless
proper notice is served advising of an infringement of copyright or
intellectual property. Users of our services should at all times ensure
that all information published and made accessibly to the general public
is not in breach of any applicable copyright or intellectual property
of information. In the normal course of business Cyber Factory
will not monitor, intercept or interfere with information stored or
passing through our system. Clients should be aware that the Internet
is not a secure place and should utilise the tools provided (encryption
of data transfer including SSH, SCP) to maintain security of the information
transferred through our system.