Packaged Products Agreement

Date: June 2014

These are the terms and conditions for the Packaged Products bundles ("Packaged Product Terms").

Certain words used in these Packaged Product Terms have special meanings, as set out in clause 9.

1. Applicable Terms

1.1 These Packaged Product Terms are comprised of:

  1. the below terms and conditions;
  2. the Package List set out below;
  3. each of the applicable Service Terms.

Should there be an inconsistency between provisions of these agreements, the provisions of these Packaged Product Terms will prevail. Additionally, our Universal Terms of Service apply to each of the Products identified in the Packaged Products bundles below.

1.2 The Service Terms are incorporated into these Packaged Product Terms by reference, as if set out in full. You acknowledge that you have read and understood each of the Service Terms relevant to your Package and the Universal Terms of Service, and agree to be bound by those terms. We are only willing to supply the Products and the Package subject to the applicable Service Terms and Universal Terms of Service and your continued receipt or use of the Products or the Package signifies your agreement to those terms.

2. Packages, Products and the Package List

2.1 The Package List sets out the Packages (and Products comprising those Packages) offered by us. It also describes the Service Terms that apply to each of the Products in each Package.

2.2 When you agree to these Packaged Product Terms by purchasing a particular Package, you also agree to be bound by the Service Terms for each of the Products that comprise the Package.

3. Variations to the Packages, Products and Package List

3.1 You may change between Packages by notifying us using the process described on our Website. Your new Package will take effect from the date of your next invoice (including a change to the amount you will be invoiced). The next invoice will reflect the Fees applicable to your new Package. We will charge you an administration fee to process the change in Package as described on our website.

3.2 Notwithstanding clause 3.1, you may not change a Package which includes a hosting Product to a Package which has a lesser, cheaper hosting Product.

4. Terms and Fees of the Package

4.1 These Packaged Product Terms commence on the date we confirm to you that the Package has been activated (Commencement Date), and continues for the Package Term (unless otherwise terminated). On expiry, the Package will then auto-renew for additional periods equal to the initial Package Term (unless otherwise terminated).

4.2 The Monthly Fees payable for each Package are set out at the time of sale, and are non-refundable. On the Commencement Date and the first day of the month thereafter you must pay the Monthly Fee to us. The Monthly fee is payable in advance and must be made by credit card acceptable to us at the time of payment. It is your responsibility to ensure that we have your most current and correct credit card details and that your credit card has sufficient funds to pay the Fees. You authorise us to charge the Fees to your credit card in accordance with these Packaged Product Terms.

5. Your Cancellation of the Package

5.1 You may cancel your Package at any time, but only by only by giving us prior notice using the online cancellation process available through your My Account. Cancellation of your Package terminates this agreement. On termination, you may be liable to pay an Exit Fee (as described below).

5.2 The cancellation will be effective from the next billing period. Melbourne IT is not liable to refund any money already paid by you in relation to the Package.

5.3 Redelegation or transfer of a domain name to another registrar does not constitute cancellation of the Package. If you choose to redelegate or transfer a domain name registered under your Package, you will be liable to continue paying the Monthly Fees for that Package.

6. Exit Fee

6.1 If your Package is terminated or cancelled (by you or us) during the Package Term, you must pay to us the Exit Fee within 30 days of termination. The Exit Fee is calculated as follows.

Exit Fee = Domain Name Licence Fee × Number of months remaining in Package Term
Total Number of months in Package Term

6.2 The Domain Name Licence Fee is the minimum amount payable by you in relation to the domain name licence Product in the Package. The Exit Fee is a proportion of the Domain Name Licence Fee which decreases over the Package Term.

6.3 The minimum payable by you in relation to the Package is the first Monthly Fee plus the Exit Fee.

7. Domain Name Licence on Cancellation

7.1 If you:

  1. cancel your Package within the Package Term; and
  2. pay the Exit Fee within 30 days of cancellation; or
  3. cancel your Package after the Package Term,

you may at your option retain the domain name licence on the Service Terms applicable to the domain name and for the remaining term of that domain name licence.

7.2 If you:

  1. do not pay the Exit Fee within 30 days; or
  2. cancel your Package and do not elect to retain the domain name licence,

we may deal with that domain name licence as described in the Service Terms applying to that domain name (including those rights of Melbourne IT after the domain name licence has expired).

7.3 You acknowledge and agree that each domain name in each Package will be registered and renewed for the minimum period allowed by the relevant domain name registry.

8. Suspension, Termination, Cancellation and Reactivation by Melbourne IT

8.1 Melbourne IT may terminate is agreement:

8.1.1 at any time by giving you at least one month prior notice;

8.1.2 immediately on giving notice to you, if:

  1. one of the Products in your Package has been suspended for more than 24 consecutive days;
  2. one of the Products in your Package is terminated or cancelled during the Term, and Melbourne IT may terminate the other Products in your Package and this agreement;

8.2 In addition to our rights to terminate this agreement, we may also terminate particular Products in accordance with the Service Terms and the Universal Terms of Service. If we terminate a particular Product, it may also terminate the Package under which the Product is provided.

8.3 If you fail to make any payment when due (including by your credit card company notifying us of you disputing the payment or refusing to pay such Fee, or where your credit card payment has been declined or reversed), we may in our sole discretion:

8.3.1 suspend the use of and access to the Products (including public access to your web content and delivery of email); or

8.3.2 terminate this agreement.

8.4 If your usage of any of the Products is suspended, we may suspend your use of any other Products under the Package.

8.5 We are not liable to you to make any payment (whether by way of indemnity, damages or otherwise) in connection with termination or suspension of this Agreement, Products or Packages.

8.6 On termination, we may delete all content, configuration and settings in connection with your Package. It is your obligation to ensure that you have retained back-up copies.

8.7 We may at our sole discretion resume your suspended or terminated Products and Package on the terms and conditions of these Packaged Product Terms.

9. Definitions

  • Domain Name Licence Fee means the fees payable for the domain name licence part of each Package as described on Melbourne IT's website at http://www.melbourneit.com.au/. The Domain Name Licence Fee is payable as part of the Monthly Fees or, if the Package is cancelled or terminated during the Package Term, a combination of part of the Monthly Fees and the Exit Fee.
  • Exit Fee means the fee payable in accordance with clause 6.
  • Fees means the fees payable for the provision of the Package (and each of the Products in the Package) in accordance with clause 4 above, the Exit Fee and any other fees described (including data recovery fees and reconnection fees).
  • Monthly Fee means the fee payable by you each month for Melbourne IT's provision of the Package as described at the time of sale.
  • Package means the one collection of Products as described in the Package List selected by you.
  • Package List means the list of Products and Packages set out below.
  • Package Term means the minimum term of the Package as described below. Unless otherwise stated, the Package Term for each Package is 12 months.
  • Product means each product described in the Package List which together forms a Package.
  • Service Terms means those specific terms and conditions related to the particular Product you have purchased, as currently located at https://www.melbourneit.com.au/policies/
  • Term means the term of this Agreement.

Package List

Current

None. There are no Packages currently available.

Discontinued

Package - Personal Pack

Product Service Terms
gTLD Domain Name gTLD Registration Agreement
One Page Website, Email Forwarding and Web Forwarding Hosting & Other Related Services

Package - Communicator Pack

Product Service Terms
gTLD Domain Name or .au Domain Name gTLD Registration Agreement or .au Registration Agreement
One Page Website and Email20 Hosting & Other Related Services

Package - Starter Pack

Product Service Terms
gTLD Domain Name or .au Domain Name gTLD Registration Agreement or .au Registration Agreement
One Page Website and Starter Hosting Hosting & Other Related Services

Package - Business Pack

Product Service Terms
gTLD Domain Name or .au Domain Name gTLD Registration Agreement or .au Registration Agreement
One Page Website and Standard Hosting Hosting & Other Related Services

Package - Business Plus Pack

Product Service Terms
gTLD Domain Name or .au Domain Name gTLD Registration Agreement or .au Registration Agreement
One Page Website and Advanced Hosting Hosting & Other Related Services

Package - gTLD Add On

Product Service Terms
gTLD Domain Name gTLD Registration Agreement
Email Forwarding and Web Forwarding Hosting & Other Related Services

Package - .au Add On

Product Service Terms
.au Domain Name .au Registration Agreement
One Page Website, Email Forwarding and Web Forwarding Hosting & Other Related Services