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Angel Web Designs Terms of Service

Angel Web Designs (“Angel Web Designs”)


1.1 A person or company that accepts an order from Angel Web Designs for the provision of internet services (“the Services”) enters into a binding legal agreement with Angel Web Designs (“User Agreement”) which consists of:

  1. the order;
  2. these Standard Terms of Service ; and
  3. the Service Level Agreement which can be viewed at http://http://www.angelwebdesigns.com.au/hosting-sla.html.

1.2 By, accepting the order, the Customer agrees to be bound by the User Agreement.


2.1 In the User Agreement, unless the context requires otherwise:

  1. The singular includes the plural and vice versa.
  2. A reference to any gender includes all other genders.
  3. A reference to a statute means that statute as in force from time to time, and to any statute passed in substitution for that statute.
  4. The word “includes” means “includes but is not limited to”.
  5. Where one part of speech of a word is defined, other parts of speech of that word have corresponding meanings.
  6. A reference to A$, $A, dollar or $ is to Australian currency.
  7. If a day on or by which an obligation must be performed or an event must occur is not a business day in the place where it is to be performed, the obligation must be performed or the event must occur on or by the next business day.
  8. Headings are for ease of use and reference only, and do not affect interpretation.


3.1 Angel Web Designs will commence supplying the Services to the Customer within seven days of the date of first payment for the Services unless otherwise agreed with the Customer.
3.2 Angel Web Designs will continue to provide the Services until the User Agreement is terminated in accordance with paragraph 10.
3.3 Angel Web Designs will provide the Customer with all identification and log-in information necessary for the Customer to access and use the Services.


4.1 Charges for the Services (“Charges”) will be calculated according to the billing option and pricing structure for the Services selected by the Customer.
4.2 Charges for Services not prepaid by the Customer will be invoiced monthly or as otherwise agreed with the customer.
4.3 Charges are exclusive of taxes, duties and government charges, other than income tax (“Taxes”) imposed or levied in Australia or overseas in relation to the supply of the Services.  GST and other Taxes imposed on Angel Web Designs shall be added to the Charges, and shall be paid in accordance with paragraph 5.
4.4 The Customer is liable for all Charges for Services accessed through the Customer’s identification or log-in information whether authorised by the Customer or not, other than unauthorised access resulting from the negligence or wrongful conduct of Angel Web Designs or its employees or agents.
4.5 Charges may be modified in accordance with paragraph 12.


5.1 The Customer must pay any Charges which have not been prepaid by the Customer by the due date specified on the invoice sent to the Customer (“Customer Account”).
5.2 All overdue Customer Accounts will incur interest at the rate set out in the Penalty Interest Rate Act (Vic.).
5.3 Angel Web Designs may refer Customer Accounts (which it has notified to the Customer are more than 30 days in arrears) to a debt collection agency, without further notice to the Customer.
5.4 The Customer must pay Angel Web Designs on demand any expenses incurred by Angel Web Designs as a result of the Customer’s failure to pay the Charges by the due date, including debt collection fees and Angel Web Designs’s legal costs on an indemnity basis, regardless of whether Angel Web Designs has commenced legal proceedings to recover the amount due.
5.5 If the Customer disputes the Charges payable on the Customer’s Account (“Dispute”), and has notified Angel Web Designs of the Dispute and the reasons for it, the Customer may withhold the disputed amount of the Charges until the Dispute is resolved, but must not withhold any other part of the Charges.
5.6 The Customer must pay Angel Web Designs the disputed amount of the Charges within 60 days of the due date for payment unless the Dispute has been resolved or referred by a party to a court, tribunal or other body with authority to resolve it.


6.1 The Customer is responsible at its own expense for the provision of all equipment, including computer hardware and telecommunication connections, needed to use and access the Services.
6.2 The Customer must comply with:

  1. all laws and all reasonable directions from Angel Web Designs in relation to the use of the Services; and
  2. any other reasonable policies Angel Web Designs may notify to the Customer from time to time in connection with the provision or use of, or access to the Services.

6.3 If the Services include hosting services which incorporate material created by third parties, the Customer must obtain, at its own expense, all necessary authorisations for Angel Web Designs to use or reproduce the material to the extent necessary to provide the Services.
6.4 The Customer must not, and must use its best efforts to ensure any person who accesses the Services does not, use or attempt to use, the Services:

  1. to infringe the intellectual property rights of any person, including use, sale or transmission of software or other material which infringes copyright;
  2. to publish, distribute or issue any information or material which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons;
  3. for any purpose or activity which is illegal, or to promote any such activity;
  4. to sell or offer to sell pornography or sex-related merchandise;
  5. to provide links to another website which contains any content referred to in paragraph (b) or is used for the purposes set out in paragraphs (c) and (d);
  6. to interfere with or disrupt Angel Web Designs or its business, other Internet users or other service providers, or their computers, software or hardware, including by the propagation of computer worms and viruses; or
  7. to access without authorisation any other computer accessible via the Services.

6.5 The Customer shall take all reasonable steps to ensure that the Customer’s hardware, software or network configuration (including IP addresses) are not used to cause any security breach or attack on Angel Web Designs’s or other Customers’ hardware, software or network configurations.
6.6 The Customer may use CGI-Scripts with the Services, unless Angel Web Designs considers a CGI Script not provided by Angel Web Designs adversely affects Angel Web Designs Server performance or the integrity of the Angel Web Designs computer network.  The Customer may not share CGI-Scripts with domains not hosted by Angel Web Designs.
6.7 The Customer must not run Background Daemons, other than on Virtual Private Server (VPS) accounts.
6.8 The Customer must use passwords of a least eight characters, which include at least one of each of a number, an uppercase letter and a lowercase letter, for the purpose of the Services.
6.9 The Customer must ensure that the information it provides to Angel Web Designs is complete, accurate and up to date throughout the period that Angel Web Designs provides Services to the Customer.
6.10 The Customer must not run Game Servers or Game Server related applications on any Angel Web Designs service


7.1 Angel Web Designs will only perform backups of Customer Content if there is an agreement between Angel Web Designs and the Customer in writing for Angel Web Designs to perform backups of Customer Content.
7.2 If Angel Web Designs is not required to perform backups of Customer content under paragraph 7.1, the Customer agrees to perform any backups necessary to protect the Customer from incurring financial loss as a result of data loss.


8.1 Angel Web Designs may from time to time without notice to the Customer suspend the Services or disconnect or deny the Customer access to the Services if:

  1. it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of Angel Web Designs’s computer systems and software;
  2. in Angel Web Designs’s reasonable opinion, it is required by law to do so; or
  3. in Angel Web Designs’s reasonable opinion, the Customer’s use of the Services adversely affects Angel Web Designs Server performance or the integrity of the Angel Web Designs computer network.

8.2 Angel Web Designs may in its absolute discretion suspend the Services or disconnect or deny the Customer access to the Services if:

  1. the Customer breaches the User Agreement;
  2. the Customer provides Angel Web Designs with false, incomplete or out of date information; or
  3. a Customer’s Account is more than 30 days in arrears.

8.3 Services suspended under paragraph 8.2 will not be reinstated until the breach is remedied if capable of being remedied, or the account and interest is paid in full, and a fee of $25 for the administrative costs of reinstatement is paid.
8.4 Angel Web Designs shall compensate the Customer for suspension of service pursuant to paragraph 8.1(a) only, in accordance with the Service Level Agreement.


9.1 Angel Web Designs does not give any express warranties in relation to the Services, including warranties that:

  1. Customers will have continuous access to, or usage of the Services; or
  2. data stored on Angel Web Designs Servers will not be lost or corrupted;
  3. it will be possible to restore Customer Content from Angel Web Designs’s back up media; or
  4. it will be able to prevent unauthorised persons obtaining access to Customer Content.

9.2 Any condition or warranty which would otherwise be implied into this User Agreement is excluded, unless it would be unlawful to do so.
9.3 Angel Web Designs’s liability to the Customer in relation to the Services on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:

  1. the supplying of the Services again; or
  2. the payment of the reasonable costs of having the Services supplied again.

9.4 The Customer acknowledges that Angel Web Designs does not and cannot control, supervise or edit any information or material accessed through the Services and that Angel Web Designs is not responsible for any content or information accessed via the Services.


10.1 Either party may terminate the User Agreement by giving notice to the other if the other commits a material breach of any provision of the User Agreement which:

  1. can be rectified, and fails to rectify the breach within thirty days of notice being given by the party alleging the breach, describing the breach and the action which must be taken to rectify it; or
  2. cannot be rectified.

10.2 Angel Web Designs may terminate a User Agreement by giving notice to the Customer if the Customer knowingly provides false or misleading information to Angel Web Designs.
10.3 The Customer may terminate a User Agreement by giving Angel Web Designs notice at least two business days before the end of any period for which the Customer has paid for provision of Services (“Paid-up Period”) with effect from the end of that Paid-up Period.
10.4 Angel Web Designs may terminate a User Agreement by giving the Customer notice at least twenty one days before the end of a Paid-up Period, with effect from the end of that Paid-up Period.
10.5 If the User Agreement is terminated by Angel Web Designs under paragraph 10.1 or 10.2, all outstanding Charges will become payable upon the giving of notice of termination.
10.6 Angel Web Designs is not required to refund any prepaid Charges, unless the User Agreement is terminated by the Customer under paragraph 10.1.


11.1 Angel Web Designs may sub-contract the performance of its obligations under the User Agreement without obtaining the Customer’s consent.


12.1 Angel Web Designs may modify the User Agreement (including by varying the Services or the Prices) by email sent to the last email address provided to Angel Web Designs by the Customer, or by changing a renewal order.  Modifications shall not take effect until the later of the day following the last day of the Customer’s current Pre-paid Period, or thirty days after the Notice of Modification is given.  Any use of the Services after the date on which modification takes effect will constitute acceptance of the modification.
12.2 The User Agreement may only be modified by a written agreement between Angel Web Designs and the Customer, or in accordance with paragraph 12.1.  The User Agreement and any such written agreement constitute the entire agreement between Angel Web Designs and the Customer.


13.1 Any notice issued by Angel Web Designs or the Customer pursuant to the User Agreement shall be in writing.  Notices may be delivered by hand, by receipted mail, or by email to the last email address provided to Angel Web Designs by the Customer, or Angel Web Designs’s address as identified on the www.angelwebdesigns.com.au website.
13.2 Notice will be treated as given:

  1. in the case of hand delivery, on the date of delivery;
  2. in the case of postal delivery, on the date of delivery recorded by the postal authority;
  3. in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server, but if the delivery or receipt is not on a business day or is after 5.00pm on a business day in the place where it is received, the notice is taken to be received at 9.00am on the next business day.

13.3 It is the Customer’s responsibility to notify Angel Web Designs of any changes to its contact details.


14.1 The User Agreement (and the validity and enforceability of the User Agreement) are governed by and to be interpreted in accordance with the law of the State of Victoria in the Commonwealth of Australia, without reference to its conflict of laws rules.  The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, and the federal courts of the Commonwealth of Australia.  The parties irrevocably waive any right they may have to object to those courts exercising jurisdiction on the ground that the court is not a convenient forum.
14.2 If any provision of the User Agreement is illegal, unenforceable or void in any jurisdiction, then, with respect to that jurisdiction only:

  1. that provision shall be read down if possible so that it is no longer illegal, unenforceable or void in that jurisdiction; and
  2. if it is not possible to read down that provision, it shall be severed from the remaining provisions of the User Agreement, with respect to that jurisdiction only.

14.3 No act or omission by a party shall constitute a waiver of any of its rights under the User Agreement, other than an express waiver of those rights in writing signed by the party to be bound.
14.4 The User Agreement supersedes all prior agreements and understandings between the parties, and constitutes the entire agreement between the parties relating to the subject matter of the User Agreement.