Web-Hosting and Related Services

Web-Hosting and Related Services

Melbourne IT Web-Hosting and Related Services B Terms and Conditions

Date: July 2009

These are the standard terms and conditions of supply of the Melbourne IT web-hosting and certain other services offered from time to time on the Melbourne IT Website at http://www.melbourneit.com.au/help/?questionid=1056(individually, a "Service" and collectively the "Services").

Please read these terms and conditions carefully. It is a condition of your use of the Service(s) that you ("you") comply with these terms and conditions.

1. Terms and Amendment Procedure

1.1You agree that Melbourne IT or its third party service provider (a "Supplier") will supply the Service(s) to you on the terms set out in this agreement.

1.2This agreement commences on the date upon which Melbourne IT confirms to you by email or any other written medium that a Service has been activated ("Commencement Date").

1.3The parties agree that the initial period that Melbourne IT or its Supplier will supply the Services(s) to you for the "Initial Period" specified in the written confirmation by Melbourne IT to you of receipt of payment by you of the Plan Cost applicable to the Service(s) for the Initial Period ("Initial Period Payment Confirmation"). Thereafter, the Service(s) will be automatically renewed indefinitely for the same period as the period specified in the Initial Period Payment Confirmation (each a "Renewal Period") unless you have terminated the provision of any Service(s) in accordance with clause 14, upon your payment of the applicable renewal fees and charges prior to the expiry of the relevant period and subject to the terms and conditions of this agreement.

1.4We may vary these terms (including the Acceptable Use Policy or the Privacy Policy referred to in clause 5 below), the amount we charge for any Service(s), or the terms of the operation of any Service(s), at any time by general notice on a page of the Internet referred to on the home page of our Website at http://www.melbourneit.com.au/policies/. Changes other than price changes will become effective upon publication of the notice.

Where we vary the prices for any Service(s), we will give at least 30 days notice of the change by the same means, and the new prices will apply at the end of that period.

1.5If you use any of our Service(s) after publication of any change in accordance with clause 1.4, your use will constitute acceptance of the amended terms.

1.6Following the Commencement Date, you may at any time upgrade the Plan applicable to a Service acquired by you by written notice to Melbourne IT in accordance with the process specified in the Initial Period Payment Confirmation ("Upgraded Service"). You agree that Melbourne IT will supply you with the Upgraded Service in accordance with this agreement and you agree to at all times comply with this agreement in connection with any Upgraded Service (including, without limitation, paying any additional, or increased fees or charges that may apply to any Upgraded Service).

1.7These terms constitute the agreement in its entirety and supersede all prior agreements.

2. Services

2.1You shall at all times keep your password and log-in details secure. You agree that Melbourne IT cannot and does not know whether you have given access to your account and to the Service(s) to other people (whether knowingly or not). You therefore agree that you are totally responsible for:

2.1.1when and how your account with Melbourne IT is used (including, without limitation, if your Accounts and/or the Service(s) are terminated pursuant to clause 14 (if applicable)); and

2.1.2the actions of the people (if any) you allow to access, or transmit information through the systems of Melbourne IT or its Supplier, or otherwise utilise the Service(s).

2.2You agree that you are solely responsible for any of your content residing on the Supplier's servers.

2.3You agree that you are solely responsible for the back-up of your content and any other files (including, without limitation, email files, if applicable) unless otherwise agreed with Melbourne IT.

2.4You agree that data transfer bandwidth usage and/or disk space usage shall not exceed the number of megabytes per month for the Service(s) ordered by you, as published by Melbourne IT on its website located at http://www.melbourneit.com.au/help/?questionid=1056("Agreed Megabytes"). Melbourne IT shall monitor your usage of the Service(s). If data transfer bandwidth usage and/or disk space usage exceeds the Agreed Megabytes, you agree that you will be responsible for purchasing any additional data transfer bandwidth and/or disk space that you determine may be required at your own cost and that your failure to do so may result in the Service(s) ceasing to operate or function. In addition you also agree that if at any time your data transfer bandwidth usage and/or disk space usage exceeds the Agreed Megabytes, Melbourne IT or its Supplier may charge you additional fees with respect to the additional megabytes used by you, suspend any and all Service(s), or, in the case of Melbourne IT, terminate this agreement. In the event that any such action is taken by Melbourne IT or its Supplier (as the context requires), you agree that you shall not be entitled to a refund of any fees paid in advance of such corrective action.

2.5You agree that Melbourne IT or its Supplier may be required to perform maintenance to maintain the continuous operation of the Supplier's servers, which maintenance may affect the operation or functioning of the Service(s). We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Melbourne IT or its Supplier prevent either Melbourne IT or its Supplier (as the context requires) from doing so. You also agree that Melbourne IT or its Supplier may also be required to suspend the Service(s), or disconnect or deny you access to the Service(s), in accordance with clause 14.1.2.

2.6You agree to take all necessary or desirable steps to ensure that any content (including, without limitation, any content pertaining to Your Products and Services (as that term is defined in clause 9.1) that is or could be unsuitable for children is labelled appropriately.

2.7The Service(s) are for reasonable, legitimate web-hosting and e-mail hosting purposes deemed suitable for a shared server environment ("Legitimate Web-Hosting Purposes") only. Using the Service(s) for uses other than Legitimate Web-Hosting Purposes ("Non-Legitimate Web-Hosting Purposes") is prohibited. You agree that whether your usage constitutes Legitimate or Non-Legitimate Web-Hosting Purposes shall be determined solely at Melbourne IT's discretion. If Melbourne IT, in its sole discretion, determines that you are using Melbourne IT's Service(s) for Non-Legitimate Web-Hosting Purposes, Melbourne IT may suspend, disable, limit, or terminate your account without notice, which suspension, disablement, limitation, or termination shall not relieve you of your obligation to pay all applicable fees for the Service(s).

2.8As part of the registration process, you will be required to provide certain information, including without limitation contact information such as your full name, postal address, email address, telephone number and fax number, if available ("Personal Information"). You agree to update this information promptly as needed to keep it current, complete and accurate, and to add such additional information as Melbourne IT may reasonably require from time to time. You may access your Personal Information to review, modify or update such information through your â€\u201cMy Accountâ€� .

You agree that your wilful provision of inaccurate or unreliable information, wilful failure promptly to update information provided to Melbourne IT or failure to respond for more than seven (7) calendar days to inquiries concerning the accuracy of contact details associated with any services shall constitute a material breach justifying suspension or termination of such services.

2.9You agree and acknowledge that Melbourne IT will share Personal Information with third parties as applicable laws and/or policies may require or permit. You further agree and acknowledge that Melbourne IT be permitted (and in some cases may be required) to make the Personal Information directly available to third party vendors, for purposes of inspection, targeted marketing or other purposes as required or permitted by applicable laws and/or policies.

3. Billing and Payment

3.1You must pay for the Service(s) in accordance with the prices and charges published by Melbourne IT on its website located at http://www.melbourneit.com.au/help/?questionid=1056(as amended from time to time in accordance with clause 1.4).

3.2You must pay all prices and charges for the Service(s) and other amounts incurred by you or any designated users or incurred as a result of any use of the Service(s) (whether authorised or not) in advance, and, in accordance with the billing provisions specified in the Initial Period Payment Confirmation.

3.3Prices and charges published on Melbourne IT's Website are inclusive of any government taxes or charges unless otherwise stated.

3.4In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Melbourne IT) in connection with the payments of the Service(s), Melbourne IT may suspend or terminate your account immediately. Melbourne IT will reinstate your Service(s) solely at Melbourne IT's discretion, and subject to receiving Melbourne IT's then-current reinstatement fee.

3.5You consent to Melbourne IT or its Supplier obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Melbourne IT of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

3.6You agree that in the event of any action being taken by Melbourne IT to recover any overdue amount due to it under this agreement and/or the Initial Period Payment Confirmation (as evidenced for example by, without limitation, your credit card company notifying Melbourne IT of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed), any costs incurred by Melbourne IT in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Melbourne IT) are payable by you to Melbourne IT and shall be recoverable by Melbourne IT as a separate debt.

4. Cancellation

4.1You may cancel a Service(s) in accordance with this clause 4. This clause 4 shall not apply where you terminate this agreement and cease obtaining the Service(s) from Melbourne IT pursuant to clause 14.6.

4.2You may cancel a Service(s) in accordance with clause 14.3. Where you cancel a Service(s) in accordance with clause 14.3, you shall be required to pay Melbourne IT the following cancellation fees:

4.2.1if you cancel the Service(s) within 30 days of the Commencement Date, or, within 30 days of the date upon which Melbourne IT confirms by email or other written medium that the Service(s) has been renewed for an additional period, as referred to above in clause 1.3 (each a "Renewal Commencement Date"), you will pay Melbourne IT a cancellation fee equal to the Set Up Fee applicable to the Service(s), which Melbourne IT may deduct from any payments you have previously paid Melbourne IT with respect to the Service(s); and

4.2.2if you cancel the Service(s) at any time following 30 days from the Commencement Date or Renewal Commencement Date (as the context requires), you will pay Melbourne IT a cancellation fee equal to:

4.2.2.1the Set Up Fee for the Service(s), if applicable; and

4.2.2.2an administrative fee which shall be either a fee of AUD$25, or, a fee equivalent to the Plan Cost payable with respect to the Service(s) for two months, whichever is the greater, which Melbourne IT may deduct from any payments you have previously paid Melbourne IT with respect to the Service(s.

4.3Where you have cancelled any Service(s) pursuant to clause 4.2, subject to your payment of the applicable cancellation fee as specified in clause 4.2, and any payments required by clause 14.7, Melbourne IT will refund you for any other payments you have previously paid to Melbourne IT with respect to the Service(s) being cancelled unless otherwise expressed to the contrary in this agreement (including, without limitation, pursuant to clauses 2.4 or 5.1).

5. Acceptable Use Policy and Privacy Policy

5.1You agree to comply with Melbourne IT's Acceptable Use Policy located at http://www.melbourneit.com.au/policies/acceptableusepolicy.php, as varied from time to time by Melbourne IT in accordance with clause 1.4 ("AUP"). If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, in addition to any other rights of Melbourne IT under this agreement, you agree that Melbourne IT or its Supplier may immediately take corrective action, including suspension of any and all Service(s), or, in the case of Melbourne IT, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, Melbourne IT shall not refund to you any fees paid to Melbourne IT prior to such corrective action.

5.2You agree to comply with Melbourne IT's Privacy Policy located at http://www.melbourneit.com.au/privacy/, as varied from time to time by Melbourne IT from time to time in accordance with clause 1.4 ("Privacy Policy").

5.3You agree that the AUP and the Privacy Policy form part of the terms and conditions of this agreement.

6. Supplier Agreements and Licences

6.1You agree that Melbourne IT or its Supplier shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Melbourne IT's Supplier and Melbourne IT or its Supplier may, in each of their respective sole discretions, change or remove any and all such IP numbers and addresses.

6.2You expressly grant to Melbourne IT and its Supplier a licence to cache the entirety of your Website, including data and content supplied by you and/or third parties, hosted by Melbourne IT's Supplier under this agreement. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Melbourne IT and its Supplier. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

7. Supplier's Equipment

7.1You acknowledge that Melbourne IT's Supplier is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered to you under this agreement that was manufactured by a third party.

7.2You agree that you shall only be entitled to use any Equipment provided by Melbourne IT's Supplier in connection with any permitted use of the Service(s) as specified in this agreement or as notified to you by Melbourne IT from time to time.

7.3You shall not resell, transfer, export or re-export any Equipment, or any technical data derived from any Equipment, in violation of any law applicable to you.

7.4You agree that:

7.4.1neither Melbourne IT nor its Supplier shall be responsible for any changes in the Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s);

7.4.2any malfunction or manufacturer's defects of Equipment either sold or provided by Melbourne IT or its Supplier to you or purchased directly by you used in connection with the Service(s) will not be deemed a breach of the obligations by Melbourne IT and/or its Supplier under this agreement; and

7.4.3any rights or remedies you may have regarding the performance or compliance of Equipment are limited to those rights extended to you by the manufacturer of such Equipment.

8. Your Warranties You warrant that:

8.1you have not entered into this agreement or obtained any Service(s) on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Melbourne IT or its Supplier concerning this agreement or any of the Service(s), other than any statement or representation contained in this agreement;

8.2you are at least 18 years of age or if you are entering into this agreement on behalf of a company, that you are a duly authorised representative of the company with full legal authority to bind the company to this agreement as of the effective date;

8.3all information provided in connection with your registration is and shall remain accurate;

8.4you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from the Server of Melbourne IT's Supplier by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Melbourne IT or its Supplier);

8.5the manner in which the Service(s) are directly or indirectly used will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Melbourne IT, its Supplier or any third party; and

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you will otherwise at all times use the Service(s) in accordance with this agreement (including, for the avoidance of doubt, the AUP or the Privacy Policy) and with all applicable laws;

8.7if you are providing information about a third party in the course of any registration, you have (i) provided notice to that third party of the disclosure and use of the party's information, and (ii) obtained that third party's express consent to the disclosure and use of that party's information.

8.8If you are setting up services for someone else, you have the authority to bind that person as a principal to all terms and conditions of this Agreement. If you license or otherwise permit third parties to use your account, you will remain the responsible contracting party, and will be responsible for all obligations under this agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information and accurate technical, administrative, and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with your account.

9. Our Disclaimer of Warranties

9.1You acknowledge and agree that neither Melbourne IT nor its Supplier exercises any control over, and accepts no responsibility for, the content of the information passing through the Supplier's host computers, network hubs and points of presence or the Internet, nor, for any products and/or services that you may determine to offer for supply, or supply via your website, the Internet or otherwise ("Your Products and Services").

9.2You agree that the Service(s) are provided on an "as is", "as available" basis. To the extent permitted by law, neither Melbourne IT nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of either Melbourne IT or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Service(s) or any equipment provided, and all such warranties are hereby excluded.

9.3In addition to clause 9.2, to the extent permitted by law, neither Melbourne IT nor its Supplier, or, any Relevant Party of either Melbourne IT or its Supplier:

9.3.1warrant that the Service(s) will meet your requirements;

9.3.1warrant that the Service(s) will be uninterrupted, timely, secure or error free;

9.3.2warrant that the Service(s) will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Melbourne IT or its Supplier;

9.3.3make any warranty concerning the results that may be obtained from the use of the Service(s) or as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Service(s).

9.4Neither Melbourne IT nor its Supplier shall be liable for the content or loss of any content, data or files (including, without limitation, email files, if applicable) transferred either to or from you or stored or backed-up by you or any of your customers via the Service(s).

10. Indemnification

You will indemnify and defend Melbourne IT and its Supplier and all directors, officers, employees, and agents of Melbourne IT and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or relating to, Your Products and Services (if applicable) and/or the use of the Service(s) by you, including the implementation of the AUP by Melbourne IT, any action taken by Melbourne IT or its Supplier in accordance with the AUP, or, any breach or violation of the AUP. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

11. Limitation of Liability

11.1You agree that neither Melbourne IT nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Melbourne IT or its Supplier (as the case may be) has been advised of the possibility of such damages.

11.2Subject to clause 11.1, you further agree that the aggregate liability of Melbourne IT and its Supplier, and your exclusive remedy, for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Service(s) which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

11.3You agree that where any statute implies any term into this agreement, 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 Melbourne IT and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

11.4We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Melbourne IT and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Melbourne IT and its Supplier) shall be limited to the greatest extent permitted by applicable law.

12. Intellectual Property

12.1You acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Service(s) and any trademarks or service marks of Melbourne IT or its Supplier (collectively, "Our Intellectual Property") is vested in Melbourne IT, its Supplier and/or the licensors of Melbourne IT or its Supplier (as the context requires).

12.2Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

12.3You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Service(s), or grant any other person or entity the right to do so.

12.4Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Melbourne IT and/or its Supplier (as the context requires); provided, however, that nothing in this clause 12.4 shall preclude you from using Our Intellectual Property as incorporated in the Service(s). This clause 12.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Service(s) solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

13. Confidential Information

13.1You acknowledge that, in the course of the performance of this agreement, you may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of Melbourne IT or its Supplier ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this agreement. Upon request of Melbourne IT or on termination or expiration of this agreement, you shall return the Confidential Information of Melbourne IT or its Supplier then in your possession to Melbourne IT or its Supplier. Nothing in this agreement shall prohibit or limit your use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in your possession, as evidenced by your records; (c) is disclosed to you without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by you without any breach of this agreement; (e) is the subject of a written permission to disclose provided by Melbourne IT and/or its Supplier (as the context requires); or (f) is required by law to be disclosed.

13.2You agree that Melbourne IT may disclose your account and other information in accordance with the AUP and Privacy Policy.

14. Suspension or Termination of this agreement

14.1In addition to any other rights of suspension under this agreement, Melbourne IT or its Supplier may from time to time without notice to you suspend a Service, or disconnect or deny you access to any Service:

14.1.1if you fail to comply with any provision in this agreement (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP or Privacy Policy), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied to the satisfaction of Melbourne IT or its Supplier (as the context requires);

14.1.2during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Service(s) as soon as reasonably practicable. Notwithstanding any suspension of any Service under this clause 14.1, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension;

14.1.3in response to an order from a court of competent jurisdiction, or arbitration award.

14.2In addition to any other rights under this agreement, you agree that Melbourne IT may without notice to you remove, amend or alter your data upon being made aware of:

14.2.1any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights;

14.2.2if directed to do so by the Australian Broadcasting Authority under a "take down notice", in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 (as amended or replaced from time to time) if we determine (acting reasonably) that such Act applies to you; or

14.2.3an outside party or outside device disrupting or attempting to disrupt the Service(s).

14.3In addition to any other rights of termination under this agreement. Melbourne IT may terminate this agreement and cease providing the Service(s) to you at any time on 30 days written notice to you. You may terminate this agreement and cease obtaining any Service(s) from Melbourne IT, or, terminate any Service(s) being provided by Melbourne IT to you, on 30 days' written notice to Melbourne IT in accordance with the process specified in the Initial Period Payment Confirmation.

14.4In addition to clause 14.3, and, in addition to any other rights of termination under this agreement, Melbourne IT may terminate agreement and cease providing the Service(s) to you at any time on written notice to you if Melbourne IT has at any time suspended any Service(s) or disconnected or denied access to any Service(s) under clause 14.1.1.

14.5Where Melbourne IT supplies Service(s) to you through a Supplier, Melbourne IT may terminate and replace such Supplier at any time without notice to you. Melbourne IT will, however, endeavour to replace such Supplier:

14.5.1with no or minimal disruption to the supply of the Service(s); and

14.5.2on substantially the same terms as are set out in this agreement.

14.6Where Melbourne IT is unable to comply with clause 14.5.2, you may terminate your agreement with Melbourne IT and cease obtaining any Service(s) from Melbourne IT within 30 days' of being notified of the new terms on which Melbourne IT intends to supply the relevant Service(s) to you. Where you terminate your agreement with Melbourne IT under this clause 14.6, Melbourne IT will refund you any fees previously paid by you on a pro rata basis.

14.7In addition to any other obligation under this agreement, if you terminate any Service or, either Melbourne IT or you terminate this agreement:

14.7.1you must pay all outstanding charges (including, without limitation, data transfer bandwidth over-usage charges and/or disk space over-usage charges) to Melbourne IT immediately;

14.7.2other than if the termination occurs under clause 14.6, you must pay any charges that Melbourne IT incurs from its Supplier in relation to any charges that Melbourne IT's Supplier incurs in connection with migrating your data or retrieving any of your emails following termination of this agreement;

14.7.3any licence issued to or by you in relation to the Service(s) will cease from the date of termination; and

14.7.4Melbourne IT or its Supplier may delete all data from any storage media.

15. Force Majeure

Neither Melbourne IT nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service(s).

16. Miscellaneous

16.1The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.

16.2In the event it is necessary for Melbourne IT to enforce its rights under this agreement, you agree to pay all fees incurred by Melbourne IT (including, but not limited to, legal fees and collection agency fees).

16.3This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Service(s) or assign your rights and obligations under this agreement without the prior written consent of Melbourne IT.

16.4A 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.

16.5If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.