Date: May 2018
These are the terms and conditions that govern Melbourne IT Accounts.
The terms we, us, our or Melbourne IT refers to Arq Group Limited trading as Melbourne IT (ACN 073 716 793). The terms you and your refer to the individual or entity who accepts these terms and conditions or has access to your My Account.
In creating or using a My Account, you agree you have read, understood and are bound by these terms and conditions (Agreement).
Please take time to read this Agreement carefully. It is important for both of us that you understand the important conditions and obligations contained in this Agreement, which apply in respect of the provisioning of and access to Melbourne IT's My Account service (Service).
1.1 Access to your My Account is provided for your use alone, and not for use by any other party. You must keep your My Account login details and password (Login Details) secure at all times, and must not share Login Details with others.
1.2 You must maintain the confidentiality of your Login Details. You are fully responsible for all activities that occur in your My Account, and agree that we are entitled to treat instructions or orders processed through your My Account as instructions originating from you.
1.3 You must notify us immediately of any breach of security or unauthorised use of your Login Details or access of our systems. We will not be liable for any loss you incur due to any unauthorised use of your Login Details or access to your My Account. For security purposes, we recommend you change your password(s) at least once every 6 months.
2.1 You warrant you are not, and will not be, acting as agent or managing any domain names, products or services in your My Account on behalf of another party. This is a key contractual obligation for you, and any failure to comply will be considered a material breach of this Agreement.
2.2 In addition to clause 2.1, you warrant you are:
2.3 We may deactivate your My Account (at our sole discretion and without prior notice) if you are in breach of any warranties provided in this clause 2. Additionally, if you breach the warranty provided in clause 2.2(a), we may:
2.4 Any My Account deactivation will be without refund of any fees paid by you in respect of your My Account (or the domain names, products or services listed within).
3.1 You agree the use of your My Account is at all times subject to our Acceptable Use Policy(AUP). For clarity, a reference to ‘Service’ in the AUP will also be a reference to our My Account service which is the subject of this Agreement.
3.2 Any use of your My Account which breaches our AUP may result in suspension or deactivation of your My Account (with or without prior notice). Where any potential or actual breach of law has occurred, we may choose to notify the relevant law enforcement agencies or regulators.
3.3 We will comply with our Privacy Policy in processing and handling any personal information you provide to us.
4.1 Our My Account service is essentially based on a self-service model. However, if you require additional assistance, we may provide certain services (Platinum Services) for additional fees agreed with you prior to performance or delivery, including:
In addition to the terms of this clause 4, Platinum Services are provisioned on the applicable terms and conditions available at https://www.melbourneit.com.au/policies/. In requesting any of these Platinum Services from us, you agree you have read, accepted and are bound by the applicable terms and conditions. Domain Name Acquisition terms and conditions are available on request from our Platinum Service Team.
To request further information, or any Platinum Service, please contact our Platinum Service Team via platinum@melbourneit.com.au.
4.2 In respect of all Platinum Services, you acknowledge and agree that we will not provide any legal opinions or advice in relation to those Platinum Services or the subject matter to which they relate (including without limitation your potential rights against any third parties, or any potential rights held by third parties). You are solely responsible for seeking legal advice regarding any infringement, intellectual property or other law questions arising out of, or potentially relating to, any Platinum Service deliverable.
4.3 If we agree to any non-standard billing, we will invoice you the applicable fees (together with any applicable taxes relating to the products and services purchased) and you agree to pay those fees within the agreed timeline. Fees are as published at www.melbourneit.com.au, or as otherwise agreed in writing with us. Unless otherwise stated, all fees quoted are exclusive of taxes.
4.4 Subject to clause 4.3, if you wish to dispute an invoice or charge, then you agree to do so in good faith and within thirty (30) days of date of invoice or charge. If any undisputed fees have not been paid in full by the due date, we may suspend the performance of Platinum Services (and will not be liable in any way for not performing those Platinum Services) until that invoice has been paid in full. Interest is payable by you on late payments.
4.5 Where you request domain name registration or renewal, you appoint us as your agent in order to provide such registration or renewal services (for example, acceptance of registration agreements in order to register or renew domain names, which you will be bound by as registrant).
5.1 To the maximum extent permitted by law, and subject always to clauses 5.2 and 5.3, you agree:
Additionally, you agree we will not be responsible for any failure to meet any obligation under this Agreement or any other failure to comply with this Agreement to the extent that failure is caused by any event beyond our reasonable control.
5.2 To the maximum extent permitted by law, you agree we have no liability to you or any third party for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Agreement.
5.3 Certain provisions of the Competition and Consumer Act 2010 (Cth) and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, our liability for breach of such conditions, warranties or guarantees and your sole and exclusive remedy in relation to such breaches shall be limited to:
6.1 Entire Agreement
This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all other representations, negotiations, arrangements, understandings or agreements and other communications. Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
6.2 Change of Terms and Conditions
We may update the terms of this Agreement by giving you notice of the change or posting new versions online. All updated versions will become effective thirty (30) days’ after being posted online, and if you continue to operate your My Account after changes have become effective, you will be taken to have agreed to the change.
6.3 Assignment
Neither party may assign its rights or obligations under this Agreement without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Agreement to (a) a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Agreement relates, or (b) any Melbourne IT group company. Any attempted assignment in violation of the preceding sentence shall be void and without effect.
6.4 Relationship
The relationship of the parties is that of independent contracting parties. Nothing in this Agreement may be considered or interpreted as constituting the relationship of the parties as that of partners, channel partners, joint ventures or principal and agent. Each party must not at any time make any statement or representations which is inconsistent with this relationship.
6.5 Waiver
No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver.
6.6 Governing Law
This Agreement is governed by, and construed in accordance with, the laws of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.