Small Business Website Hosting

These terms and conditions set out the terms on which we will provide the BigPond Family Hosting and Small Business WebSite Service ("Service") to you. These Services are only available to current BigPond customers.

Some of the words used in these terms have particular meanings, which are set out in clause 10.

1 BigPond Hosting Service

1.1 We will provide you with the Service using shared infrastructure. The features of your Service, and the levels of storage space and traffic that are permitted, depend upon your selected Plan and are specified in the Plan Table.

1.2 We will provide you with at least one logon name and password ("VS" number) to allow you to access the Mission Control panel (which may be used by you to configure various features of your Service).

1.3 We will archive your Data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will use reasonable endeavours to restore your Data from the last known good archive. Notwithstanding our backup regimes, you must maintain a recent copy of your Data at your premises at all times. You will ensure that all of your Data is accessible by us at the time that a backup is to be carried out (including ensuring that files are not locked or in use during this time). You acknowledge that any of your Data that is not accessible by us at the time that a backup is carried out will not be backed up. Due to technological limitations, we cannot promise that, and despite our reasonable care, backups will: (a) occur on every scheduled occasion, (b) be complete; or (c) be uncorrupted. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Data recovered from our backups where we have acted with reasonable care.

1.4 You are responsible for developing, installing and maintaining your Data. You must have appropriate and compatible equipment, software and Internet access to upload your Data to our systems.

1.5 You are solely responsible for dealing with persons who access your Data, and must not refer complaints or inquiries in relation to your Data to us.

1.6 You must adopt appropriate measures to ensure the security of your logon name, password and Data.

1.7 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this agreement.

1.7A We encourage you to use appropriate warnings and labelling systems for any of your Data that is likely to be considered unsuitable for children under Australian law and associated classification guidelines. For more information please consult the Internet Industry Association guidelines at http://www.iia.net.au/guideuser.html or the Australian Communications and Media Authority at http://www.cybersmartkids.com.au/.

1.8 The Service is provided from data centres in Australia. We will determine, in our absolute discretion, the location from which your Service is provided from time to time.

1.9 You grant to us all rights, consents, permissions and licences necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Data for the sole purpose of performing our obligations under this agreement.

1.10 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time.

1.11 If we provide you with software and terms and condition accompany the software, then we provide that software to you on the terms and conditions that accompany it.

1.12 If we provide you with software and no terms and conditions accompany the software, then:

(a) We grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this agreement;

(b) You must not use, or permit any person to use, the Software in any way that is not permitted by this agreement; and

(c) Without limiting clause 1.12(b), you must not:

(i) use the Software on behalf of, or for the benefit of, any other person; or

(ii)disassemble, reverse engineer or create more than one copy of the Software (unless you have a statutory right to disassemble, reverse engineer or create more than one copy of the Software, in which case you must only do so to the extent permitted by your statutory right)

2 Domain Name Management Service

2.1 If you request us to register a .com, .net, .org, .biz, or .info domain name ("TLDs" or "Top Level Domains") on your behalf, you agree that you have read and accept the General Registrar Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar TPP Internet located at http://www.tppinternet.com/pub/dotau/terms.php#au, as amended from time to time.

2.2 If you request us to register a .com, .net or .org domain name on your behalf, you agree that you will comply with any Policy applicable to .com, .net and .org domain names issued by the Internet Corporation for Assigned Names and Numbers ("ICANN") from time to time. For more information, see http://www.icann.org/.

2.3 In the event of a dispute in registering a TLD, or a dispute about a TLD after registration, you will:

(a) submit to and be bound by Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/, as amended from time to time; and

(b) be subject to arbitration, suspension or cancellation by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy, relating to:

(i) the correction of mistakes by us or the registry administrator in registering the domain name; or

(ii) the resolution of disputes concerning the domain name.

2.4 If you request us to register a .com.au, .id.au, .net.au or .org.au domain name (.au Domains) on your behalf, you agree that you have read and accept:

(a) the policies applicable to Terms and Conditions for .au Domain Name Licences issued by the registrar TPP Internet located at http://www.tppinternet.com/pub/dotau/terms.php#au, as amended from time to time; and

(b) the .au 2LD Domain Name Eligibility and Allocation Policy Rules issued by .au Domain Administration Limited (auDA) located at http://www.auda.org.au/policies/auda-2005-01/, as amended from time to time.

2.5 In the event of a dispute in registering a .au Domain, or a dispute about a .au Domain after registration, you will submit to and be bound by the .au Dispute Resolution Policy (auDRP) located at http://www.auda.org.au/audrp/audrp/, as amended from time to time.

2.6 By maintaining the registration of a domain name after changes to the applicable policies become effective, you accept those changes. We do not have control over these policies and you may not be notified that they have changed. It is very important that you check the most up-to-date version of the applicable policies regularly.

2.7 In the event of a dispute regarding a domain name, you will submit to the jurisdiction of the courts as provided in the applicable policies.

2.8 You must pay any registration or delegation charges to us in advance. A domain name cannot be registered unless you pay for it in advance.

2.9 We make no representations and give no warranties regarding the availability of your chosen domain name.

2.10 You authorise and direct us to nominate WebCentral Pty Limited ACN 084 429 318 as the authorised billing contact for your domain name.

2.11 You acknowledge that we are not liable for any loss or damage resulting from the non-renewal of your domain name if you fail to provide us with consent to renew the domain name registration or you delay in providing us with such consent.

2.12 By applying for a Requested Domain Name or providing us with your consent to renew the domain name registration, you warrant that you are, and will remain, eligible to register the domain name during the registration or renewal period.

2.13 You are responsible for all claims against us arising out of the registration, use or renewal of your Requested Domain Name, if the claim is based on conduct which would be a breach by you of these terms and conditions or the warranty statement you made when applying for, or renewing, a Requested Domain Name. You are not responsible to the extent that the claim arises out of our breach of this Agreement, or our negligent act or omission.

3 Service and Maintenance

3.1 If you experience a problem with the Service, you should report it to us by using the Mission Control panel.

3.2 We may perform scheduled maintenance to the systems that we use to provide the Service. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If the scheduled maintenance requires the Service to be unavailable for a continuous period of greater than 30 minutes, we will post details of the times during which the scheduled maintenance is due to occur on the Web Host System News at least 48 hours prior to the maintenance. It is very important that you check the Web Host System News regularly.

3.3 We may perform unscheduled maintenance to the systems that we use to provide the Service. If the unscheduled maintenance requires the Service to be unavailable for a continuous period of greater than 30 minutes, we will try to post details of the unscheduled maintenance on the Web Host System News beforehand (otherwise we post the details after the maintenance has been completed).

3.4 We may migrate your web site to a new operating system platform if any of our suppliers cease to provide support for the legacy operating system, if the server used to provide the Service fails, or if we determine that the server has (or may) become unreliable. We will notify you beforehand if we intend to migrate your web site to a new operating system platform.

4 Fees and Payment

4.1 You must pay the set-up fees and monthly fees set out in the Plan Table in advance. You must pay the additional fees set out in the Plan Table in arrears. The monthly subscription fee may not be reduced if your Service is cancelled part way through your billing cycle. If you have been migrated to BigPond’s new environment, the monthly fee will be pro-rated so that you will only pay the monthly fee for the part of the month for which you subscribed to the Service.

4.2 If we issue you with an invoice for any fees payable under this agreement, you must pay the invoice within 14 days after the invoice date. If you elect to receive online invoices from us, you acknowledge that: (a) we may provide you with the online invoices by making them available at the Mission Control panel; and (b) you must regularly check the Mission Control panel for your invoices.

4.3 You must pay all fees relating to the use of your logon name and password (whether or not that use was authorised by you).

4.4 You must also pay:

(a) all telecommunications costs and charges arising from or in connection with the Service; and

(b) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Service or any other service or goods supplied (excluding taxes payable on our overall income).

4.5 Without limiting clause 4.4(b), if GST is imposed on any supply we make to you under this agreement, and the fees payable by you for the supply are not inclusive of GST, you authorise us to charge you an amount of GST in addition to the fees payable by you, calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees are payable.

4.6 If you provide us with your credit card details, you authorise us to charge all fees and charges to your credit card, and to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You also authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees.

4.7 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

4.8 Our commitment to privacy is set out in our "Protecting Your Privacy" statement located at http://telstra.com/res/docs/collectionstatement.asp. The statement summarises how we and our related companies may collect, use and disclose your personal information (including for marketing to you) and your rights in relation to accessing and correcting that information. To avoid doubt, we may appoint third parties (including our subcontractors and suppliers) to assist us provide the Service to you. These third parties may collect your personal information (either directly from you, or indirectly through us). It is very important that you have read and understand our privacy statement.

5 Warranties

5.1 While we use reasonable care and skill in providing the Service to you, due to the nature of the Service, we do not promise that:

(a) the Service will be uninterrupted or error free;

(b) the Service will meet your requirements; or

(c) the Service will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or our systems.

5.2 You warrant that:

(a) you have the power to enter into and observe your obligations under this agreement;

(b) you will conduct such tests and computer virus scanning as may be necessary to ensure that Data uploaded by you onto, or downloaded by you from, our systems does not contain any computer virus and will not in any way, corrupt the data or systems of any person;

(c) you will keep secure any passwords used with the Service; and

(d) you have, and will maintain, the necessary authority to grant the rights, consents, permissions and licences in clause 1.9.

6 Liability

Our liability to you

6.1 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.

6.2 Clauses 6.3, 6.4 and 6.5 apply to you only if you are a Residential Customer.

6.3 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except as set out in clauses 6.4 and 6.5.

6.4 As you have taken up the Service predominately for personal, domestic or household use,we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

6.5 We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

6.6 Clauses 6.7, 6.8, 6.9, 6.10 and 6.11 apply to you only if you are a Business Customer.

6.7 Given the nature of telecommunications systems (including the Service's reliance on systems not owned or controlled by us) we cannot promise that the Service will be continuous or fault free. Accordingly, we limit our liability to you for losses resulting from any interruption or delay to your Service to an amount equal to the service charges billed for the affected Service for the period of the interruption or delay.

6.8 Subject to clause 6.11, we accept liability arising from our breach of contract or negligence:

(a) for any personal injury or death to you, your employees, agents and contractors in relation to the supply of the Service;

(b) for any damage to your real or tangible property resulting from the supply of the Service, but we limit our liability to our choice of repairing or replacing the property or paying the cost of repairing or replacing it; and

(c) unless clause 6.7 applies, for any other cost or expense you reasonably incur that is a direct result of, and flows naturally from, such breach or negligence (but excludes loss of profits, likely savings and data), but we limit our liability for all such claims in aggregate to the total amount payable to us under this Agreement in respect of the first year of the term of the Agreement.

6.9 Other than for the liability we accept under this clause 6, we exclude all other liability whether to you or a third party for breach of contract, negligence or breach of any other law. For any liability which cannot lawfully be excluded as it is under this clause 6, our liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods.

6.10 Notwithstanding anything else in this clause 6, our liability will be reduced to the extent the loss or damage is caused by you, your employees, agents or contractors.

6.11 We will not be responsible for any loss or damage arising from circumstances outside our reasonable control.

Your liability to us

6.12 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

7 Term, Suspension and Termination

7.1 This agreement commences on the date specified on the Mission Control panel as the date that we accepted your order for the Services and continues until terminated in accordance with this agreement.

7.2 Either party may terminate this agreement at any time by providing the other party with at least 30 days written notice.

7.3 If this agreement is terminated for any reason.

(a) you must immediately pay all fees and charges owing up to the date of termination;

(b) we may delete all of your Data from our systems; and

(c) you must immediately delete from your systems all copies of all Software.

7.4 We may from time to time without notice:

(a) suspend the Service during any technical failure, modification or maintenance of the Service, provided that we use reasonable endeavours to resume the Service as soon as reasonably practicable. If this happens, our liability to you is set out under clause 6 of this agreement; or

(b) suspend or disconnect the Service or deny access to the Service if we reasonably consider that you have failed to comply with any provision of this agreement (including failure to pay fees or charges due), or you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service and either:

   (i) you do not remedy your non-compliance 14 days after we tell you to do so (if the non-compliance is of a kind that can be remedied); or

   (ii) immediately (if the non-compliance is of a kind that cannot be remedied),

or you do, or allow to be done, anything which in our reasonable opinion have the effect of jeopardising the operation of the Service.

7.5 If your BigPond Internet service to which these Services relate is suspended, disconnected or terminated, then these Services may also be suspended, disconnected or terminated.

7.6 You remain liable to pay all fees and charges set out in this agreement during any period of suspension.

7.7 We may remove, amend or alter any Data:

(a) upon being made aware of any claim or allegation, or any court order, judgment, determination or other finding of a court or other competent body, that the Data is illegal, defamatory, offensive or in breach of a third party's rights (including intellectual property rights and moral rights); or

(b) if we reasonably consider that you have failed to comply with any provision of this agreement.

We may not be able to notify you of this beforehand, but will give you notice within 14 days after the removed/amended or altered Data.

7.8 We are not required to provide you with a copy of your Data if:

(a) we suspend or disconnect your Service or deny access to the Service;

(b) remove, amend or alter your Data; or

(c) this agreement is terminated (for any reason).

If we provide you with a copy of your Data, then we are entitled to charge you an additional fee calculated at the hourly rate set out in the Plan Table for the time taken for us to recover and provide you with that data.

8 Additional Terms

8.1 You must comply with:

(a) the Plan Table that are applicable to your selected Plan;

(b) our Acceptable Use Policy; and

(c) our operational procedures for the Service which are set out in the Mission Control User Guide at https://mc-au.server-secure.com

8.2 If there is any inconsistency between a provision in a document listed in this clause 8.2 and a provision in another document listed in this clause 8.2, then the provision in the document listed first below prevails:

(a) these terms;

(b) the Plan Table that are applicable to your selected Plan;

(c) our Acceptable Use Policy; and

(d) our operational procedures for the Service which are set out in the Mission Control User Guide at https://mc-au.server-secure.com.

9 General

9.1 Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. Failure by a party to exercise, or delay in exercising, a right, power or remedy does not prevent its exercise.

9.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver.

9.3 Except as set out in clause 9.4, we can change this Agreement at any time without notice.

9.4 If we consider that a change would cause you detriment, we will notify you of the change by email, post or facsimile at least 30 days before the change will take effect.

9.5 If you do not notify us that you wish to terminate this Agreement or the Service within 42 days after receiving notice of a change under clause 9.4, then we will take your payment of charges for the Service provided to you after our notice as your agreement to the change.

9.6 For the purposes of notifying you of a proposed change under clause 9.4 it is sufficient that we provide you with a summary of the proposed change to the Agreement and that we post on the BigPond website a revised copy of these terms and conditions or the Rate Card showing the proposed change.

9.7 Notices can be provided under this agreement by email, post or facsimile. We may notify you by email of any matters relating to this agreement, including any changes to this agreement. You acknowledge that you must regularly check the email address that you provide to us.

9.8 If we change these terms, the online version of these terms (http://my.bigpond.com/hostingandstorage/familywebsite/default.do) will always be updated to reflect those changes.

9.9 You may not resell Services or assign any of your rights or obligations under this agreement without our prior written consent. We may assign or subcontract any of our rights or obligations under this agreement to a third party, but will try to tell you beforehand in most cases.

9.10 This agreement is governed by the law in force in the State or Territory of Australia in which you reside.

9.11 Clauses 1.10, 2.13, 4.3, 4.4, 4.5, 4.6, 4.7, 5, 6, 7.3, 7.8, 8, 9 and 10 survive the termination (for any reason) of this agreement.

10 Definitions and Interpretation

10.1 Unless the contrary intention appears, in this agreement, the following words have these meanings:

Acceptable Use Policy

means our policy about the acceptable levels and methods of use of the Service.

Agreement

means the documents referred to in clause 8.2.

Business Customer

means a customer who is not a Residential Customer.

Data

includes all information, data, material, software code, applications, files, text, logos, images, audio, movie clips and/or content in any form placed on our systems as a result of providing the Service to you.

Data Download

means data transferred from your website.

GST

means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth.

GST Act

means the A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time.

Plans

means different Service offerings made available by us from time to time as specified in the Plan Table.

Plan Table

means the terms that are applicable to the Plans and are annexed to these terms.

Software

means any software that you obtain from us under this agreement.

Residential Customer

means a customer who takes up the Service predominantly to use for personal, household or domestic use or consumption.

BigPond Hosting Website

means our website at http://my.bigpond.com/hostingandstorage/familywebsite/default.do and http://www.bigpond.com/internet-plans/additional/hosting/premium/.

We, us or our

means Telstra Corporation Limited ABN 33 051 775 556.