- General Terms & Conditions for the Supply of Goods
- 'Planet HomePage' is Planet HomePage, and its
employees, officers, agents and affiliates.
- The 'Agreement' means these Terms and Conditions
and the details on the Application for Hosting Service.
- The 'Customer' refers to all persons, companies,
or other entities identified on the Application
for Planet Homepage Hosting Service and to any person
nominated by the Customer who is authorised to use
- The 'Service' means the computing and communication
service known as the Planet HomePage Hosting Service,
as modified from time to time.
and Variation of these Terms
These terms and conditions are the terms on which Planet
Homepage provides services or goods to its customers,
modified by any written contract between Planet HomePage
and its customers in any particular case. The terms
so modified constitute the agreement in its entirety
and supersede any prior agreements. Planet HomePage
may modify these terms as applying to any agreement,
the pricing structure for any Service or the terms of
the operation by general notice on a page of the Internet
referred to on the Planet HomePage Home Page, and any
use after that publication will constitute an acceptance
of that modification.
The customer must pay the Hosting Fee and Set-up Fee
in advance. The Hosting Fee is exclusive of any government
taxes or charges and exclusive of any registration or
delegation charges imposed by domain name authorities.
Where a domain name is managed by Planet HomePage, annual
or biennial renewal fees will be automatically paid
to the registering authority and the customer will be
invoiced at the prevailing rate.
In addition the Customer must provide and pay for:
- any costs imposed on the customer or Planet HomePage
associated with establishment, transfer or renewal
of a domain name;
- the installation and use of telephone lines and
all other equipment needed to access the Service
at their own cost;
all government taxes, duties and levies (if any)
imposed on the customer or Planet HomePage in respect
- Services or goods supplied.
The Customer must pay all amounts billed in accordance
with their hosting agreement. Upon registration of a
Credit Card account, the Customer gives Planet HomePage
authorisation to debit their credit card for all charges.
Billing is in advance on a monthly or annual cycle.
at Customer's Risk
The Customer accepts responsibility for all information
and material issued by the Customer over any Service,
and indemnifies Planet HomePage against any liability
in relation thereto. In particular the Customer undertakes
that it shall not:
- post, publish, transmit or issue any information
which is unlawful, threatening, abusive, libellous,
defamatory, obscene, offensive, indecent, pornographic,
profane, or otherwise objectionable information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offence, give rise to civil liability,
or otherwise violate any local, state, federal or
international law, including without limitation
laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation
and anti-dilution laws;
- post, publish, transmit, reproduce or distribute
any information or software which contains a virus
or other harmful component;
- post, publish, transmit, reproduce, distribute
or in any way exploit any information, software,
or other material obtained through the service for
commercial purposes (other than as expressly permitted
by the provider of such information, software, or
- restrict or inhibit any other user from using
and enjoying the Internet.
The Customer also acknowledges that Planet HomePage
does not vet or approve any information or material
available through any service and that Planet HomePage
does not accept any liability. To the full extent
permitted by law the Customer accesses and uses such
information and material at his or her own risk.
The Customer agrees to abide by the Planet HomePage
Acceptable Use Policy which may be viewed at any time.
(view Planet Homepage Acceptable
The Service provided to the Customer is not fault free
and relies on factors outside the control of Planet
HomePage. The Service is provided to the Customer at
such times and by means as Planet HomePage decides from
time to time.
Scheduled Maintenance must be carried out on the servers
from time to time, and every attempt will be made to
carry out such maintenance at times which will affect
the least amount of Customers. Unscheduled maintenance
may need to be performed due to data corruption or equipment
Customer data is archived onto backup mechanisms on
a regular basis for the purposes of disaster recovery.
In the event of equipment failure or data corruption,
Planet Homepage will restore from the last known good
archive. In the event of corruption of all Planet HomePage
archives, or in the event that an old archive is used
to restore data, the Customer should be prepared to
upload their data to their Web Site. This process requires
that the Customer or it's agent maintains a recent copy
of their data at all times.
Planet HomePage does not warrant that the services provided
under this agreement will be uninterrupted or error
free or that the services will meet the Customer's requirements,
other than as expressly set out in this agreement.
Planet HomePage reserves the right (but is under no
obligation) to remove from Internet access any part
of the Customer data that, in Planet HomePage's opinion,
infringes any of the warranties set out in this agreement.
Planet HomePage has no obligation to review or edit
content of the Customer data.
Except as provided in clause 9 below, Planet HomePage
is not liable to the Customer or any other person for:
- any cost, loss or liability (including loss of
profit or other consequential damage) arising from
Planet HomePage's supply or failure or delay in
supplying any goods or Services;
- the content, context or confidentiality of any
communications made using any Service. Planet HomePage
is not able to provide support for software not
supplied by Planet HomePage, this includes software
downloaded from the Internet
Except as expressly provided to the contrary in this
agreement, all warranties, undertakings, inducements
and representations relating to the provision of any
Service or goods are excluded and Planet Homepage will
not be liable for any loss or damage (including consequential
loss or damage) however caused (whether by negligence
or otherwise) in resect of any Service or goods. Where
any statute implies in this agreement any term, 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, Planet HomePage's
liability for any breach of such implied term or warranty
will be limited at Planet HomePage's option in any way
permitted by the legislation to:
- any cost, loss or liability (including loss of
profit or other consequential damage) arising from
Planet HomePage's the supplying of the Services again;
- the payment of the costs of having the Services
The Customer warrants that:
- at the time of entering into this agreement it
is not relying on any representation made by Planet
HomePage which has not been stated expressly in
this agreement, or on any descriptions or specifications
contained in any other document, including any catalogues
or publicity material produced by Planet HomePage.
- it will conduct such tests and computer virus
scanning as may be necessary to ensure that data
uploaded by it onto or downloaded by it from the
Server does not contain any computer virus and will
not, in any way, corrupt the data or systems of
- it will keep secure any passwords used to upload
data to the Server using Microsoft FrontPage®
or any ftp software.
- all data uploaded onto the Server under this agreement
will not expose Planet HomePage to the risk of any
claim, legal or administrative action or prosecution.
- it is solely responsible for dealing with persons
who access the Customer data, and must not refer
complaints or inquiries in relation to the Customer
data to Planet HomePage.
- if there is any claim against Planet HomePage
due to a breach of the Customer's warranties, or
otherwise attributable to the Customer data, the
Customer must indemnify and hold Planet HomePage
harmless against all liabilities, losses, damages,
costs and expenses (including legal fees and expenses)
associated with, or arising out of, the claim.
- it grants to Planet HomePage a license to use
and reproduce all Customer data in order to fulfil
its obligations under this agreement
The Customer shall indemnify Planet HomePage against
any loss (including any loss of profit) incurred by
Planet Homepage as a result of any breach of the terms
of any agreement with Planet HomePage including damages
in respect of any period between the date of actual
termination (including termination under clause 14.)
and the date on which the Customer was entitled to
terminate such agreement in accordance with its terms.
Either party may terminate this agreement by 30 days
notice in writing to the other party.
Planet HomePage may immediately terminate any agreement
or the provision of any Service if:
On termination or expiry of this agreement for any
13. Suspension of Service
Planet HomePage may from time to time without notice
suspend any Service or disconnect or deny the Customer
access to any Service:
during any technical failure,
modification or maintenance involved in the Service
provided that Planet HomePage will use reasonable
endeavours to procure the resumption of the Services
as reasonably practicable; or
if the Customer fails to comply
with any agreement (including failure to pay charges
due) until the breach (if capable of remedy) is
remedied, or does, or allows to be done, anything
which in Planet HomePage's opinion may have the
affect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under
this clause the Customer shall remain liable for all
charges due throughout the period of suspension.
Except as otherwise expressly permitted in writing,
no person may reproduce, redistribute, retransmit, publish
or otherwise transfer or commercially exploit any information
which they receive through the Service in any way which
is competitive to the Service.
The Customer cannot assign its rights under any agreement
with Planet HomePage without the prior written consent
of Planet HomePage.
If any provision of this agreement is determined to
be invalid or unenforceable, all other provisions shall
remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it
to exercise rights not a waiver
No failure of Planet HomePage to exercise any power
given to it or to insist upon the strict compliance
by the operator with any obligations or conditions hereof
and no custom or practise of the parties or variance
with the terms of this deed shall constitute a waiver
of Planet HomePage's right to demand exact compliance
with the terms of this deed nor shall a waiver by Planet
Homepage of any particular default affect or impair
Planet HomePage's rights as to the said default or any
Nothing herein contained shall detract from the rights
of either party to have any dispute judged by the appropriate
Courts of Law and it is agreed that this deed shall
be governed by the Laws of New South Wales, Australia
and each of the parties hereby submits to the jurisdiction
of the Courts of New South Wales, Australia and agrees
that all actions and proceedings to be taken to enforce
payment of any moneys payable hereunder or for or in
connection with any matter arising under this deed shall
be taken in the Courts of that State and not otherwise.