Hosting Terms

Please read the following terms, conditions, notices and disclaimers (Hosting Terms) relating to the web hosting services (Hosting Services) provided by Jamia Pty Ltd trading as Swish Online (A.B.N. 52 606 870 651) (we, us, our or Swish Online).

These Hosting Terms apply to all web hosting provided by Swish Online. Your decision to purchase the Hosting Services means you acknowledge that you have read, understood and agree to be bound by these Hosting Terms. Your access to the Hosting Services is conditional upon your acceptance and ongoing compliance with these Hosting Terms.

We may at any time and at our sole discretion, amend, revise or modify these Hosting Terms. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Hosting Terms. You agree to be bound by such changes, modification or revisions as made by us from time to time.

Hosting Packages

Our Hosting Services to you are displayed on the swishonline.com.au.com.au website (the Website) as Hosting Packages. Swish Online endeavors to accurately display the Hosting Services on the Website, including description, specification of bandwidth limits, disk space and other related specifications of the Hosting Services. However, slight variations in our Hosting Packages may occur, due to circumstances beyond our control affecting our ability or capacity to provide the Hosting Services.

To the fullest extent permitted by applicable laws, Swish Online does not warrant that our Service descriptions are accurate, complete, reliable, current or free of error. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice to you (including after you have submitted your request, or signed up, for the Hosting Services).

All prices indicated on the Website for the Hosting Services are exclusive of GST.

Signing Up

When you register for the Hosting Services, you agree to accept and be bound Hosting Terms:

  • by submitting your application for registration for the Hosting Services via the Swish Online website located at swishonline.com.au.com.au (the Website);
  • by checking the box I have read and agree to the terms and conditions of the Swish Online Website Terms of Use, which references the Swish Online Website Hosting Terms; and
  • by clicking the SEND button, you agree to accept and be bound by these terms and conditions.

We may elect to accept or reject your application to register for the Hosting Services for any reason and at our sole discretion.

Confirmation of Purchased Hosting Services

After signing up for the Hosting Services, Swish Online will send you an email confirming our receipt of your request, along with our initial invoice for the Hosting Services. Swish Online is only bound to provide the Hosting Services to you if we have accepted your request and received cleared funds as payment. Once your request has been accepted and payment for the Hosting Services has been received, we will send you an email with confirmation.

Payment

In accordance with your selected Hosting Package, you agree to provide a monthly or an annual payment for the Hosting Services. All payments are to be made in advance and must be made by credit card or any other payment method agreed by Swish Online from time to time. Payments are received when the funds for payment are cleared.

Failure to pay an invoice by 10 days after the invoice due date may result in suspension of the Hosting Services. The Hosting Services may be reinstated, subject to our receipt of $25 in cleared funds, being a reinstatement fee. Your Hosting Package will be cancelled if you fail to pay an invoice within 30 of the due date. Should this occur, all data relating to your Hosting Package will be deleted after 45 days of the invoice date, including backup data.

Term of Agreement

Unless otherwise agreed in writing by Swish Online and you, the initial term for our provision of the Hosting Services is 12 months from the date we receive the initial payment from you for the Hosting Services (Term of Agreement). You will be sent an invoice 30 days prior to the end of the initial Term of Agreement with the option to cancel your Hosting Package when the Term of Agreement ends. Any subsequent renewal of the Hosting Package will be made in accordance with these Hosting Terms.

Termination

Unless otherwise stated in a written agreement between Swish Online and you, our provision of the Hosting Services may be terminated by:

  • you, at any time upon giving us at least 30 days’ notice; or
  • Swish Online, if you have committed any material breach of these Hosting Terms, and in the case of a breach capable of being remedied, has failed to remedy the breach within seven (7) days after the receipt of a written request from Swish Online; or
  • Swish Online, if you fail to make any payment due and such payment remains unpaid for 30 days after a due date.

If you terminate the Hosting Services within the initial 12 month term, you will not be entitled to a pro rata refund for any lump sum payment that you have made with respect to the initial term.

Effect of termination

Upon termination of these Hosting Terms, Swish Online will immediately stop providing you with the Hosting Services.

Compliance with the Law

In using the Hosting Services, you must abide by all applicable Local, State, Federal and International laws. Swish Online does not permit pornographic materials of any form, nor do we permit any illegal, discriminatory, or hate materials to be hosted on our servers. Any violation of this provision may result in the immediate termination of the Hosting Services to you, without notice to you.

Client Content, Backups and Data Loss

Swish Online performs backups of client content weekly and makes every effort to ensure that these backups are valid.

Swish Online assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted by us. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Swish Online and any such contract will be subject to additional charges.
Swish Online assumes no liability for lost content in the event that a hardware or system failure occurs, and data maintained on the effected servers cannot be recovered from our backups.

It is your sole responsibility to ensure that you at all times maintain your own backup copies of any materials placed on our servers operated by Swish Online.
Swish Online will not, at any time, be liable for any content that you may lose as a consequence of using the Hosting Services.

Disclaimer

Swish Online will make all reasonable efforts to provide the Hosting Services to you and without interruption. However, we cannot warrant that you will receive continual and uninterrupted Hosting Services during the Term of Agreement. In no event shall Swish Online be liable for damages resulting from, or in relation to, any failure or delay of Swish Online to provide the Hosting Services to you, if such delays or failures are due to circumstances beyond our control.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Hosting Terms, is limited, at our option, to one or more of the following:

  • the resupply of the Hosting Services; or
  • the payment of the cost of having the Hosting Services resupplied.

Indemnity

To the extent permitted by law, including but not limited to any act or omission on your part, you agree to indemnify Swish Online for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you, which result from any use or access of, or any inability to use or access, the Hosting Services.

Severability

Should any part of these Hosting Terms be or become invalid, that part shall be severed from the remainder of the Hosting Terms and such invalidity shall not affect the validity of the remaining provisions.

Privacy and Spam

By agreeing to and accepting these Hosting Terms, you also agree to the terms of our Privacy Policy and Terms of Use.

Applicable Law

These Hosting Terms are governed by and construed in accordance with the laws of the State of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Courts of Appeal for determining any dispute concerning these Hosting Terms.

Hosting Terms last updated on 31st September 2015.