In order to become a user of any Firstclass services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by requesting a service or use of any Firstclass services, whichever occurs first.
   
Server means the computer server equipment operated by our Host in connection with the provision of the Services.
Web Site means the area on the Server allocated by Firstclass to you for use by you as a site on the Internet.
Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted.

Special terms of contracts
   
Domain name registration terms

• We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
              
• If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
              
• Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
              
• We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name.             

Website hosting/email/secure webpage/virus protection terms

1. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that: a. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation; b. you will not knowingly or recklessly post, link to or transmit any material: i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or ii. containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and c. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Firstclass Design reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
               
2. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Firstclass Design reserves it right to terminate services without prior notification.             
3. You warrant, undertake and agree that:                               

1. any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you.
2. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;                                 

1. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.             
2. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.             

6. You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified in the Service. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. This option must be selected at application for relevant plans, if additional traffic charges are not selected and your traffic allowance is met in any calendar month, you accept that your service will be suspended until the end of that calendar month. You will receive 1 notification prior to service suspension. These charges will fall due at the completion of the calendar month on normal trading terms of 7 days from invoice.

General terms and conditions

The following terms and conditions apply to provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:
   

Service availability    

1. We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.             
2. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.         

Intellectual property rights and other consents
        
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
   

Indemnity
        
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
   

Termination

1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
               
2. We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.           
3. On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.             
4. On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you without holding any backup data for retrieval by you.             
5. Firstclass Design will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.             
6. If you wish to terminate your account with Firstclass Design, you must do so by contacting accounts@firstclassdesign.com.au otherwise your account will be cancelled at the end of the agreed term. Specifically, Firstclass Design will not accept verbal instructions to terminate an account.
7. On receipt of your cancellation request, Firstclass Design will cancel your service at the first available opportunity.             
8. There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.         

   
Payment

1. All charges payable by you to us for the Services shall be in accordance with the relevant quote or charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within seven (7) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
               
2. The provision by us of the Services is dependent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.             
3. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection from the due date of the payment.             

   
Domain Management Fee

1. If you have selected to register a domain only, or you have moved only your website hosting to another provider during your registration period, you will required to pay a Domain Management Fee annually from either the date of domain Registration or date of hosting transfer. If payment is not received after seven (7) days from receipt of invoice you accept that your domain will be suspended and no technical support provided unless payment is received. If you wish to not pay a Domain Management Fee you can request your Domain Password, which will allow transfer of your domain from Firstclass to another provider of your choice.

   
Late payment fee   

• If you exceed our seven (7) day payment term after an invoice is issued, you will be charged a $20.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.