Midland 9250 4554  |  Forrestfield 9359 1205
Contact PC Madness

Hosting Terms & Conditions

In consideration of the mutual covenants herein, the parties agree:
1. Definitions

" Customer " includes the person purchasing the Services or any agent or representative thereof.

" Registrant " includes the person applying for a domain name or any party acting on their behalf.

" Registry " means the relevant domain names Registry.

" Services " means domain name registration, website hosting, email and any other service or facility provided by PC Madness to the Customer.

" Server " means the computer server equipment operated by PC Madness in connection with the provision of the Services.

" Website " means the area on the Server allocated by PC Madness to the Customer for use by the Customer as a site on the Internet.

" PC Madnesst " includes PC MadnessPty Ltd or any party acting on PC Madness Internet Services' explicit instructions.
2. Domain Name Registration

2.1 PC Madness does not represent or warrant the availability or registrability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against PC Madness if a domain name cannot be registered

2.2 PC Madness will notify the Customer when the registration of a domain name is complete.

2.3 Any act or omission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by PC Madness occurs at the sole risk of the Customer.

2.4 Any administration charge paid by the Customer to PC Madness shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.

2.5 The registration and use of any domain name by the Customer is, at all times, subject to the terms and conditions of usage applied by the Registry, the PC Madness Registrant Agreement, the PC Madness Hosting Warranty Statement and the PC Madness General Terms and Conditions. It is the sole obligation of the Customer to ensure compliance with all such terms and conditions.

2.6 PC Madness will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.

2.7 In the event of a dispute, PC Madness will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:

(a) withhold or suspend a domain name; and or

(b) make any representations it deems fit to the Registry.

2.8 The Customer must not transfer a domain name to another Internet service provider unless it has first satisfied all PC Madness accounts in full.
3. Service Availability

3.1 The Customer agrees that PC Madness may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 48 hours, PC Madness will use its best endeavours to notify the Customer.

3.2 The Customer will not sell, transfer, licence, assign or otherwise create any legal or equitable rights or interests in any third party whatsoever, in relation to the PC Madness account of the Customer.

3.3 Any breach of clause 3.2 by a Customer will constitute a material breach and repudiation of this agreement by the Customer. Upon such breach, PC Madness shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to PC Madness shall immediately become due and owing.
4. Content Ownership

4.1 The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customer.

4.2 All information and data stored on any server by the Customer or its agents is the property of the Customer. PC Madness claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.

4.3 PC Madness will use its best endeavours to ensure that Customer information remains confidential in accordance with the PC Madness Privacy Policy .

4.4 The Customer agrees that PC Madness may access Customer information and data at any time and for any reason.
5. Indemnity

5.1 The Customer agrees to indemnify and hold harmless PC Madness and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use by the Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.
6. Termination

6.1 PC Madness may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. PC Madness will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.

6.2 PC Madness may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by PC Madness, PC Madness is entitled to treat the Customer as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Customer to PC Madness will immediately become due and payable.

6.4 In the event of a suspension and/or a termination of the Services by PC Madness the Customer agrees that PC Madness shall be entitled to:

(a) block the Customer website; and

(b) remove all data and or information located on it.

6.5 PC Madness shall retain the sole discretion as to whether any data and/or information removed is:

(a) immediately deleted from existence in its entirety; or

(b) held for such period to enable the Customer, at its expense and subject to payment of all monies owing to PC Madness, to collect the data and or information.

6.5 In the event of a termination or suspension, PC Madness may post such notice in respect of the non-availability of the Customer website as it deems fit.
7. Limitation of Liability

7.1 The Customer will not, under any circumstances, seek to hold PC Madness responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:

(a) loss of profits arising out of, or in connection with, this agreement;

(b) use, misuse, suspension and or loss of any Customer domain registrations;

(c) interruption to the business and operations of the Customer;

(d) access delays or interruptions to any website accessed by registered domain name of the Customer;

(e) non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;

(f) events beyond the control of PC Madness; and or

(g) processing of an application for domain name registration;

7.2 PC Madness shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Customer or any third party.

7.3 In the event, PC Madness is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of PC Madness to the Customer shall not exceed the total amount paid by the Customer to PC Madness for:

(a) domain name registrations; and

(b) hosting services applying to any relevant domain name registered to the Customer.
8. Notices

8.1 The Customer acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Customer accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.

8.2 The Customer agrees that it is solely liable for ensuring that all Customer details on registered domain records remain current. PC Madness will not be held liable for any loss or damage arising from interruption to Services that occur as a result of Customer non-compliance with the matters referred to in clause 8.1, including obsolete contact details.

8.3 The Customer shall remain solely responsible for renewing a domain name. The Customer will not hold PC Madness liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Customer.

8.4 PC Madness will not reimburse or otherwise compensate the Customer for payments made by the Customer to third parties for domain name renewals.

8.5 PC Madness hosting support times are between 9:30 am and 5:00 pm Monday to Friday, Western Standard Time.

8.6 PC Madness standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by PC Madness are visible on the Internet. PC Madness does not provide design work, database administration, or installation of new services on Servers.

8.7 If PC Madness has been informed of illegal content stored under the Customer's domain name/user web, it will immediately request the Customer remove the data forthwith. If compliance with this notice is not achieved within 24 hours, PC Madness will be entitled to immediately terminate this agreement in accordance with clause 6.
9. Cancellations

9.1 The Customer may cancel an order for Services without reason within 7 days from the date of the order by written notice to PC Madness.

9.2 Upon receipt of such notice PC Madness shall refund all monies paid by the Customer in full within 30 days of the notice.

9.3 All domain name registrations and pre-registrations and domain name renewals supplied by PC Madness to the Customer within 7 days of the date of order shall not be subject to the 7-day cancellation period.

9.4 Upon receipt of a cancellation notice or otherwise upon the expiry or termination of this agreement PC Madness will be entitled to delete and not retain any records, data, programs or other content of the Customer.
10. Complaints

10.1 The Customer may lodge a complaint under this agreement to PC Madness by phone or email: admin@pcmadness.com.au .
11. Law

This agreement shall be governed by and construed in accordance with Western Australian law, and the parties hereto hereby submit to the non-exclusive jurisdiction of Western Australian courts.
12. Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.
13. Agreement

13.1 The Customer has not relied on any representation by PC Madness other than those expressly stated in this agreement.

13.2 Prior to entering into this agreement, the Customer represents and warrants to PC Madness that the Customer has read, understood and agrees to be bound in full by the PC Madness General Terms and Conditions