These are the standard terms and conditions of service which apply to all websites and website services hosted with MIXR. They are provided to protect both ourselves, you and other clients using our services. If you have any problems with any of the conditions or terms of service please feel free to contact us as we are willing to discuss and resolve any problems you may have. This agreement governs the terms of use by the Customer of all Hosting Services provided by Mixr.
The Customer agrees to the following terms of service:
Customer agrees to a minimum 3 month contract term for services unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period ( 3 , 6 , 12 or 24 months) in perpetuity subject to written cancellation by the Customer.
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle ( 3 , 6 , 12 or 24 months) and will be billed on the anniversary date of rebilling period.
Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date.
Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
If for any reasons you to want to cancel your service with MIXR, please be aware that you must officially and formally cancel your account by logging into your account area at http://my.mixr.com.au/. Please use the client area username and password predefined in your welcome email!
Once logged in, click on "My Services", click on the icon next to the service you wish to cancel, then scroll down to the bottom of the page and click on "Cancellation Request".
Once we receive the cancellation, the billing will be cancelled and the accounts suspended.
MIXR requires a seven (7) day formal cancellation notice prior to the anniversary billing date for discontinuance or downgrades of services.
Failure to supply the requisite seven (7) days written notice of cancellation will result in a full billable cycle prior to cancellation.
Notice of written cancelation needs to be performed through the online customer portal located at http://my.mixr.com.au/
Failure to fulfil the required cancelation process will result in the account being re-billed as per the current service cycle and no refunds can be issued.
All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by MIXR. Transferring your domain away from MIXR does not mean your account is automatically cancelled. You must notify MIXR to cancel your account, using one of the methods listed above.
All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees ( 3 , 6 , 12 or 24 months), upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at http://my.mixr.com.au/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge (see Chargeback Fee in our Fee Schedule) and will be subject to collection by an authorized collection agency.
All payments are due in full on the anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for three (3) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. A reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected (see Reconnection Fee in our Fee Schedule.). Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.
The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
The backup of customer data is the customer's responsibility. MIXR is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible.
MIXR must have access to the servers we are renting to our clients at all times; we may request your server root username and password from our clients to carry out routine monitoring and maintenance.
These terms and conditions are governed by the law in force in Queensland and you submit to the non-exclusive jurisdiction of the courts of Queensland and courts which may hear appeals from those courts.
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
In no event shall MIXR be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) reliance on the materials presented, (2) loss of use, data or profits, (3) delays or business interruptions, (4) and any theory of liability, arising out of or in connection with the use or performance of information) whether or not MIXR has been advised of the possibility of such damages.
MIXR assumes no responsibility for inaccuracies, errors or omissions in the information or software or other documents which are referenced by or linked to this web site.
MIXR may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify MIXR immediately of any unauthorized use of your account or any other breach of security. MIXR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MIXR or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to MIXR's display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or MIXR has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, MIXR may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof.
You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.
The client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single client holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.
The Client understands that Hosting Services are provided on a shared server and acknowledges that its web-site cannot overwhelm the server through unnecessarily excessive use of CPU or Memory (such that other users/machine performance are/is adversely affected). If an account utilizes high levels of server resources (such as CPU or memory) to the point where there is a negative impact upon other clients, the following procedures will be adhered to:
MIXR reserves the right to suspend or cancel an account at our discretion. In extreme breaches of excessive resource usage, MIXR reserves the right to suspend accounts without prior warning.
Activities which are explicitly forbidden include running the following:
If you have requested that MIXR registers a .com, .net or .org domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net or .org domain names issued by the registrar Melbourne IT Limited at http://www.melbourneit.com.au/policies. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.
If you have requested that MIXR register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited at http://www.melbourneit.com.au/policies.
You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind MIXR. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at http://www.melbourneit.com.au/policies.
You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.
MIXR makes no representation and gives no warranty about your chosen domain name being available for registration or use by you.
You agree that you have no lean or rights over IP address space and DNS namespace used by MIXR. Any DNS space registered by MIXR on your behalf, including each specific DOM and SLD (second level domain x.tld or x.autld.au) requires a contract for ownership to be granted to you. In the absence of a contract, you relinquish all claims and acknowledge MIXR as the sole owner and manager of said namespace.
You indemnify MIXR against all claims arising out of your registration and use of your chosen domain name.
The Client must not send Unsolicited bulk email via MIXR mail servers. The Clients site must not be referenced or linked to in Unsolicited email.
Forging or modifying email headers to hide or mislead your identity will not be accepted.
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation. MIXR may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees! This policy is to promote proper Internet etiquette.
In the normal course of business MIXR will not monitor, intercept or interfere with information stored or passing through our system. Clients should be aware that the Internet is not a secure place and should utilise the tools provided (encryption of data transfer including SSH, SCP) to maintain security of the information transferred through our system.
The Terms of Use constitute the entire agreement between you and MIXR and govern your use of the website, superseding any prior agreements between you and MIXR on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and MIXR in effect as of the date of your use of the website and specifically regarding your use of the website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other MIXR services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.
Queensland State law and controlling Australian. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
The failure of MIXR to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
MIXR may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at http://www.mixr.com.au/hosting/terms-of-service-for-hosting-clients should always be taken as the binding and most recent version of these terms and conditions.