These are the terms upon which Redalto Pty Ltd will provide the Service to the Customer. Customers are required to acknowledge that they have read and understood all articles in this document before service can be provided.
The terms and concepts set out below are defined within context of this agreement:
1.1. Acceptable Use Policy: A document defining the rules that the Customer is obliged to comply with when using the Service.
1.3. Commencement Date: The date specified by Redalto Pty Ltd as the day on which the Service is first activated for the Customer.
1.4. Customer: The individual or legal entity that has entered into an Agreement with Redalto Pty Ltd, or the individual or legal entity that makes use of the Service.
1.5. Maintenance Times: The hours during which the computer systems of Redalto Pty Ltd are not available due to the fact that technical maintenance is being carried out.
1.6. Contract Term: The period of time for which the Agreement is entered into.
1.7. Monthly Fee: The monthly fee paid by the Customer for the use of the Service. The Monthly fee is specified at www.redalto.com/pricing
1.8. Price Schedule: List of charges for any goods and services offered by Redalto including non-standard add-on services required to support the Customer. This schedule can be found at www.redalto.com/pricing
1.10. Redalto: Redalto Pty Ltd (ACN 619 147 063) as the trustee for Otlader Trust (ABN 71 729 935 688).
1.11. Service Delivery: All work relating to establishing Customer specific services by Redalto and is not limited to setting up of equipment, networks, domains and websites.
1.12. Service Description: Specification of products and services delivered to the customer and specified at the following url: www.redalto.com/services.
1.13. Service Order Form: The form the Customer uses to request Redalto for the provision of the Service. This form can be found at www.redalto.com/order.
1.14. Service: The delivery of web hosting, email, domain registration, and website development services by Redalto for business use, as specified at www.redalto.com/services
1.15. Setup Fee: The one-time fee charged to the Customer for the delivery of Service and/or additional services. The Setup Fee is specified at www.redalto.com/pricing and/or any other documents which make up the agreement at the date of signing the Agreement.
1.16. Terms & Conditions: A document specifying the reciprocal rights and obligations between the Customer and Redalto regarding delivery and use of the Service
1.17. Variable Fee: Fees which are not fixed and may be required to be paid by customer based on request of additional services and/or use of services above normal specification of Service Description.
2. Subject of the Agreement
2.1. The agreement sets out the reciprocal rights and obligations of Redalto and the Customer in relation to the delivery of the Service by Redalto .
3. Realisation of Agreement
3.1. The Customer will supply Redalto with all requested information and details including a valid identification, a correct ABN number and/or proof (in writing) of authorisation to enter into Agreement. The Customer guarantees that all presented information and details are correct and complete.
3.2. The Customer can only request the Service by submitting a Service Order Form either by fax or online at Redalto's secure online order facility; www.redalto.com/order
3.3. Redalto reserves the right to refuse, cancel or reject any order made by the customer without requiring to provide reason, but notably under the following conditions:
3.3.1. the Customer does not comply with a request as intended in article 3.1
3.3.2. there exists reasonable doubt that the Customer cannot or will not comply with the obligations resulting from the Agreement including those set out in the Acceptable Use Policy and
3.4. The Agreement is only realised when Redalto has sent a confirmation and acceptance to deliver service.
4. Obligations on the part of Redalto
4.1. Redalto will make every effort to ensure that the Commencement Date of the Service is within predefined or agreed target delivery date.
4.2. Outside of the Maintenance times Redalto will make every effort to ensure that the Service is available at all times.
4.3. Given the technical structure of the Internet Redalto cannot guarantee a certain bandwidth between the Customer’s computer system and any other computer system that is part of the Internet. Any mention of a certain bandwidth or capacity refers exclusively to infrastructure controlled by Redalto .
4.4. Redalto will make every effort to secure any customer data on any computer systems of Redalto so that it is protected from unlawful use or distribution. In this regard, Redalto accepts the requirements of the Commonwealth Privacy Act.
4.5. Redalto will implement the appropriate technical and organisational safety and security measures with a view to assuring an appropriate level of security in providing the Service. The Customer is aware of the fact that Redalto cannot in all fairness offer full protection against any safety risks inherent in any device or server connected to the Internet and that these risks are higher in the case of shared virtual hosting servers. Should the Customer wish to reduce or exclude risks the Customer must set up a dedicated server at the Customer’s expense.
4.6. Redalto reserves the right to introduce changes in the way the Service is accessed or used which is designed to promote improved security or use of the Service. In the event that the changes directly affect the way in which the Customer gains access to the Service, Redalto will ensure that the Customer is notified sufficiently in advance.
5. Obligations on the part of the Customer and Use of the Service
5.1. Unless determined otherwise in the agreement, the Customer is responsible for providing any other equipment, software and services provided by third parties that are necessary for the Customer to be able to gain access to the Service, such as Internet Access and a computer with up-to-date software. If requested to do so by the Customer, Redalto will see to it that the Customer is provided with information regarding the various requirements.
5.2. The Customer undertakes only to use the Service in accordance with the Acceptable Use Policy. In using the Service the Customer undertakes not to violate the rights of any third party, not to act indecently in relation to any third party or in any way that is in conflict with good morals or public order, and not to cause damage to any third party. In particular the Customer must undertake:
5.2.1. To respect the intellectual property rights of third parties.
5.2.2. Not to distribute data contrary to statutory regulations.
5.2.3. Not to attempt to gain access to computer systems without being authorised to do so.
5.2.4. Not to alter, delete, render unusable or add data to data belonging to a third party without the consent of the third party in question.
5.2.5. Not to spread computer viruses or any other computer programs or data with a view to causing damage to computer programs data belonging to third parties.
5.2.6. Not to use the Service in such a way as to obstruct the correct functioning of the computer systems of Redalto or to hinder other users of the services provided by Redalto in their use of the services in question.
5.2.7. Not to use the Service in such a way that IP data traffic is obstructed as a result.
5.3. Without thereby affecting any other rights to which it may be entitled, Redalto reserves the right to suspend the fulfilment of its obligations in relation to the Customer, among other things by denying the Customer access to the Service with immediate effect in the event that the Customer fails to act in accordance with the provisions set out in article 5.2 and/or in the event that the Customers' sanctions justify such a move. Redalto can never be obliged to provide compensation on account of the fact that it has suspended the fulfilment of its obligations under the terms of the agreement. The Customer is to indemnify Redalto from any claims made by third parties as a result of the fact that the Customer has failed to act in accordance with the provisions set out in article 5.2.
5.4. The customer is responsible for all the data contained within the website. Redalto assumes no
liability for consequences resulting from loss of data. Redalto will not assume responsibility for posting of unlawful content or data, including data uploaded by Redalto employees on instruction from the client, or data posted to the website via external sources using web based software.
5.5. Should it come to the knowledge of Redalto that a publication produced by the Customer and published by the Customer by means of the Service is unmistakably unlawful, Redalto is within its rights to demand that the Customer must remove the publication in question from its systems as soon as possible, and certainly within the immediate twenty four (24) hour period. In the event that the Customer fails to comply with the said demand, Redalto will remove the publication from its systems itself or suspend service. Redalto can never be obliged to provide compensation on account of the fact that it has removed an unlawful publication from its systems.
5.6. In the event that the Customer is relocating premises, the Customer is to notify Redalto as soon as possible of the new address of the Customer. Redalto will make every effort to ensure that its records will be updated in accordance with this move.
5.7. The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service. The Customer is not permitted to make the Service available to third parties outside of the Customer’s organisation.
5.8. The Customer assumes responsibility for ensuring there is no excess use of the Service such that it will degrade the performance of the service for other Customers. Excessive use of limited resources such as, web server CPU and bandwidth can result in temporary suspension of service. Redalto will make reasonable effort to inform the Customer of intent to suspend service in this instance so that the customer may take necessary steps to improve the situation. However, Redalto reserves the right to intervene if necessary.
6. Domain names and IP addresses
6.1. In the event that it has been agreed that Redalto is to act on the Customer’s behalf in applying for a domain name and/or IP addresses, the provisions set out in this article apply.
6.2. The application for and use of a domain name and/or IP addresses are governed by the rules and procedures of the bodies in question, which include but are not limited to; the AFNIC, Network Solutions, InterNIC, RIPE NCC, and auDA. The body in question will decide whether or not the domain name and/or the IP addresses that have been applied for is to be assigned. In applying for a domain name and/or IP addresses on the Customer’s behalf Redalto is simply acting as an intermediary and cannot guarantee that the domain name and/or the (class of) IP addresses that the Customer wishes to apply for will actually be assigned.
6.3. Domain names are registered in the Customer’s name or in the name of the Customer’s company. Under certain circumstances (a member of staff employed by) Redalto may be registered as the contact person for the domain for the purpose of maintaining that domain. Regardless of this, Redalto has absolutely no involvement in the use of the domain name. The Customer is to indemnify Redalto from any claims made by third parties regarding the use of the domain name. The obligation to indemnify Redalto from any claims made by third parties applies regardless of the fact that the domain name may have been acquired without the intervention of Redalto .
7. Support and Service
7.1. Redalto will support the Customer in the use of the Service. The Customer can call upon Redalto in writing, by telephone or by e-mail. The hours during which the telephone lines of Redalto are open are noted on the contact page of the website www.redalto.com/contact. Redalto is free to change the time during which telephone contact can be made.
7.2. As part of its undertaking to provide support, Redalto will make every effort to solve any problems that the Customer may encounter when using the Service. The Customer is to provide Redalto with any assistance that may be necessary to solve the problem.
7.3. Redalto reserves the right to charge for support provided to a Customer which is deemed above and beyond a normal level of support. The Customer will be notified of any charges in advance. In the event that the Customer unnecessarily calls upon Redalto for support without merit, costs related to providing that support may be passed on to the Customer at the discretion of Redalto.
7.4. Redalto will not maintain, manage or repair equipment and/or software that is not supplied by Redalto or by a Redalto designated party.
8. Software & Scripts
8.1. The use by the Customer of any software that may be provided by Redalto is subject to the licence conditions of the software in question. The Customer undertakes to comply with the said licence conditions. Redalto assumes no responsibility for the use or defect of this software.
8.2. Use of certain web scripts on the hosting servers as defined in www.redalto.com/support is strictly forbidden and breach of this may result in immediate termination of the Agreement. Specifically, implementation of chat room scripts other than those provided for the customer in their control panel is not allowed on Redalto's hosting servers.
9. Website Development
9.1. Where the customer requests service which includes development of a website, the following articles will be applicable.
9.2. Authorisation. The Customer authorises Redalto to develop and publish a website on behalf of the Customer. The Customer authorises Redalto to publicise their completed website to web search engines as well as other web directories.
9.3. Ownership of Website: Custom built websites provided free-of-charge as part of the Service will remain the property of Redalto within the first 12 months of service. If the Customer Terminates the Agreement within 12 months of Commencement Date, the Customer cannot transfer the website another ISP / web host provider without the prior written consent of Redalto . The ownership of the website will automatically transfer after 12 months of service.
10.1. The Customer will be charged an Installation Fee for connection to the Service. The Installation fee specified in the Price Schedule includes a fee for intermediary services for applying and/or relocating and maintaining the domain name and/or IP addresses.
10.2. From the Commencement date onwards the Customer is obliged to pay a Periodic Fee for the use of the Service. The Periodic Fees specified in the Invoice are to be paid no later than the start date of the service and will be invoiced 14 prior to service start date for Monthly recurring services, or 28 days prior to start date for Yearly or Two Yearly recurring services.
10.3. If, at the Customer’s request, Redalto provides any additional services such as provision of additional disk space or the forwarding of e-mail, Redalto will charge the Customer the rates that currently apply for the services in question. The Customer will be notified of the costs of the said services in advance.
10.4. Unless otherwise indicated, the rates and fees charged by Redalto are always specified in Australian Dollars including Goods and Services Tax (GST).
10.5. Redalto is entitled to change the Periodic Fee at any time. Fee changes mid Contract Term will result in a cancellation of a contract, enabling the Customer the choice to renew or cancel the Service.
11. Invoicing and Payments
11.1. The Customer must pay the Set-Up Fees And Monthly Fees in advance. Any additional fees such as variable or usage fees accrued during the billing month will be invoiced and charged in arrears.
11.2. Redalto primarily charges by use of credit card or direct debit. The Customer acknowledges this and will provide correct and up-to-date information that will enable Redalto to charge the Customer using these methods in a timely manner.
11.3. Customers are responsible for the provision of sufficient funds in their bank account and will be held responsible for any bank charges resulting from insufficient availability of funds
11.4. The Customer acknowledges and specifically agrees that charge backs are unlawful if Redalto's Service has been rendered. If customer has a billing dispute with Redalto, the Customer must settle such dispute with Redalto directly without initiating any chargeback procedures. Any unlawful chargeback will invoke without exception a one-hundred-fifty dollars ($150) service fee.
11.5. Invoices and Statements will be emailed, customers requiring paper invoice will accept additional charge relating to printing and post charges, as outlined in the Price Schedule
11.6. All invoice or statement fees will be denominated in Australian Dollars. Any payment processing that results in currency conversion for the customer are subject to market rate at the time of transaction. Redalto Communication assumes no liability in currency fluctuations. Any prices quoted in currencies other than Australian Dollars are provided only as a guide and it remains the responsibility of the Customer to monitor exchange rates.
11.7. At the discretion of Redalto some Customers may be offered a line of credit and be invoiced for payment on a periodic basis. Should this occur, the following terms will apply;
11.7.1. Redalto will send the Customer an invoice on a monthly basis specifying fees applicable for the forthcoming calendar month. If the Commencement date does not coincide with the first day of a calendar month, Redalto will calculate the fee for that period on a pro-rata basis.
11.7.2. The Customer is to pay all invoices within fourteen (14) days of the invoice issue date
11.7.3. Returned cheques will be assessed a $25.00 charge.
11.8. The Customer is not entitled to suspend payment, unless an attributable shortcoming can be shown to be due to wrongful intent or gross negligence on the part of Redalto or its managerial personnel.
11.9. The Customer is not entitled to offset any claim it may have against Redalto against a claim on the part of Redalto .
11.10. The Customer is considered to be in payment default if the invoice is unpaid on the day of the invoice due date. The Customer will be charged interest on the outstanding amount from this day. Interest is calculated at a daily rate of 0.08% or $10/month, whichever is the greater amount. Furthermore, Redalto is entitled to deny the Customer access to the Service until such time as payment is received in full. The Customer is obliged to continue to pay the Monthly Fee for the period in question even if the Customer is temporarily suspended from the Service. Once payment has been received in full the Customer will be obliged to pay Redalto the appropriate reconnection fee of which the Customer will have been notified in advance.
11.11. In the event that the Customer fails to pay an outstanding amount within the agreed term Redalto is entitled to charge the Customer all of the judicial and extra-judicial costs incurred in the process of recovering its claim. Extra-judicial costs are set at a minimum of two hundred and fifty dollars ($250) or at least ten percent (10%) of the claim, whichever is the greater.
12. Force Majeure
12.1. In the event that Redalto is unable to fulfil its obligations in relation to the Customer as a result of force majeure, the obligations in question will be suspended for the duration of the situation of force majeure.
12.2. In the event that the situation of force majeure has persisted for six (6) weeks, the two Parties are entitled to cancel the Agreement for the future only. The Customer is not entitled to claim compensation or any other reimbursement as a result of the situation of force majeure, even if the situation of force majeure proves to be to the advantage of Redalto .
12.3. Within the context of the agreement, force majeure is understood to refer to any circumstance beyond the control of Redalto that makes it impossible for Redalto to fulfil any or all of its obligations in relation to the Customer or as a result of which Redalto cannot reasonably be expected to fulfil its obligations in relation to the Customer, regardless of the fact that the circumstance in question might have been foreseen at the time that the Agreement was concluded. Circumstances considered to constitute force majeure include but are not limited to disruption in systems that are part of the Internet, disruptions in the telecommunication infrastructure, including the Connection, and power failure experienced by Redalto .
13.1. The total liability of Redalto on account of attributable shortcoming in the fulfilment of its obligations under the terms of the Agreement is limited to the reimbursement of the maximum sum equivalent to the fee actually paid to Redalto by the Customer during the current contractual period. Redalto cannot be held liable for indirect losses, including consequential losses, loss of profit, lost savings and losses incurred as a result of stagnation of business operations.
13.2. With the exception of the cases specified in article 13.1, Redalto cannot be held liable for compensation, regardless of the grounds on which a claim for compensation is based.
13.3. The limitation of liability as defined in this article does not apply to the extent that the losses in question are due to wrongful intent or gross negligence on the part of Redalto or its managerial personnel.
13.4. Whenever Redalto uses a third party for delivery of the Service, the liability of Redalto is limited to the liability of the third party towards Redalto . Whenever other limitations on the liability of Redalto within the agreement are lower than the earlier mentioned limitation the lowest limitation applies. This applies specifically when a third party connection is used for the delivery of the Service.
14. Duration and Termination of the Agreement
14.1. The Contract Term is specified on the invoice and is agreed to by payment of the invoice. At the expiry of the Contract Term a renewal Period will be offered by payment of the renewal invoice. The Agreement will be tacitly renewed for an indefinite period, unless one of the Parties cancels the Agreement; in writing at least thirty (30) days prior to the end of the Contract Period, or by non-payment of an invoice.
14.2. Redalto is entitled to dissolve the Agreement with immediate effect:
14.2.1. In the event that the Customer fails to fulfil any of its obligations in relation to Redalto ’ Terms & Conditions and Acceptable Use Policy (AUP)
14.2.2. In the event that the Customer applies for a suspension of payment, or if the Customer files for, or is declared bankrupt, or files a petition for, or goes into involuntary liquidation.
14.3. In the event that the Agreement is dissolved in accordance with the provisions set out in article 14.2 all claims that Redalto has against the Customer are immediately due and payable in their entirety. No partial refund will be given for any remaining period in the contract.
15. Miscellaneous provisions
15.1. The Agreement is governed by Australian law.
15.2. All disputes ensuing from or related to the Agreement are to be brought before the court of competent jurisdiction in Australia exclusively.
15.3. Redalto is permitted to transfer the rights and obligations described in the agreement to a third party. The Customer is not entitled to transfer the rights that accrue to and/or the obligations incumbent upon the Customer under the terms of the Agreement to any third party without the prior written consent of Redalto .
15.4. General or specific terms and conditions issued by the Customer do not apply to the Agreement regardless of how the said terms and conditions may be termed.
15.5. Redalto has the right to make changes to these terms and conditions. A change will also apply in respect of Agreements that became effective before the moment of change of the terms and conditions. Redalto will make every effort to inform the customer, however the changes cannot be deemed void if the Customer claims not to have been notified.