“Hatchet” means Hatchet Pty Ltd (ACN: 51 607 716 718) of Western Australia, Australia.
“Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has ordered for use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email and FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services.
“Customer” means the person, persons or entity who ordered our services.
By using these services, you agree to be bound by the terms and conditions; you agree to indemnify and hold harmless Hatchet from any loss, liability, claim, damage and expense arising from or related to your content or use of any services provided by Hatchet. If you are not satisfied with these terms and conditions then you must discontinue use of our hosting services.
No advice or information, whether oral or written, obtained by you from Hatchet, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
Unless you specifically request cancellation of your service, your service term will automatically renew for a further period of up to 12 months.
Hatchet reserves the right to refuse new orders or renewals to anyone at our sole discretion without prior notice.
Service, Marketing and Promotional Emails
The Customer agrees to receive Service, Marketing and Promotional emails from Hatchet to the email address registered to their account.
Emails from Hatchet to the Customer in regard to a Service, such as invoicing and other notices, will be sent from email@example.com and should always be read by the Customer as they will always contain important information.
Cancellation of Marketing and Promotional emails may be opted out at the time of receiving the email via the footer link within the campaign.
Availability of Services
While Hatchet will endeavour to provide continuous availability of all Services to the Customer. Due to the nature of the service we provide, it is not possible to guarantee, and we therefore we do not warrant that the service will be provided free of interruption or free from intrusion or hacking by external parties. Hatchet will not be liable for any service interruptions or down time.
Hatchet reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or Hatchet’s services. We reserve the right to discontinue any account or service where usage of the account or service is deemed to be an abuse, and we will charge the customer for costs incurred by us as a result of any such abuse.
Hatchet does not tolerate SPAM. If you use spam, unsolicited emails or message board posting, or any other similar method to promote your site, then your access to our services may be immediately suspended or in the case of repeat offenders, terminated.
Scheduled maintenance will be performed at times which is deemed suitable by Hatchet’s server provider/s which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes, Hatchet will post details of the scheduled maintenance at least 24 hours prior.
Unscheduled maintenance will be performed at times by Hatchet’s server provider/s, and should the Services be offline for greater than thirty (30) minutes, Hatchet will post details of the maintenance and any updates until it has been completed.
Limitation of Liability
Hatchet shall not be liable to the Customer for harm caused by or related to Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful 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.
Not withstanding anything else in this agreement, the maximum aggregate liability of Hatchet, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
Customer General Warranties and Undertakings
The Customer warrants that any information supplied for the purpose of creating an account with Hatchet, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date with Hatchet.
The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.
The Customer warrants that they hold and will continue to hold the copyright for data stored on Hatchet’s servers, or that they are licensed and will continue to be licensed to use that data.
The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Hatchet which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by Hatchet.
The Customer warrants that all due care has been taken to ensure data integrity on Hatchet’s servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person.
You are responsible for any misuse of our services, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your account or website. You are also responsible for any such misuse regardless of whether it was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account or website.
The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that you will not refer complaints or inquiries in relation to such access to Hatchet.
If you are aware of any violations of the terms and agreements, please report them to: firstname.lastname@example.org
General Assurances and Undertakings
Hatchet does not warrant that the Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, orother persons gaining unauthorised access to the Service or internal Hatchet systems.
In no event will Hatchet be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
You understand that no intellectual property rights are assigned to you in the use of a service provided by Hatchet unless otherwise specifically contracted.
Likewise none of your intellectual property rights are assigned to Hatchet via the use of a service provided by Hatchet unless otherwise specifically contracted.
Suspension and Termination of Services
Hatchet may suspend or terminate Services if the Customer is found to be in breach of any formal policy including but not limited to these Terms of Services.
Hatchet may suspend or terminate Services if the Customer has outstanding fees that are more than seven (7) or fourteen (14) days respectively, past the due date.
Hatchet may decide at its sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, Hatchet will refund any pre-paid fees for Services on the account.
Hatchet may suspend or terminate Services if a Customer’s account is closed for any reason, the Customer must pay all outstanding charges by the due dates.
Hatchet is under no obligation to provide the Customer with a copy of the data stored on our servers if Hatchet has suspended or terminated access to the service for any breach of terms 9.1 or 9.2 of this agreement. In this circumstance, a copy of the data may be provided to the Customer for an additional fee.
The Customer can request cancellation of any Service with us for any reason by contacting Hatchet. Only the designated primary contact for the Customer may cancel an account.
Any pre-paid fees for Services past the current billing month will have a credit applied to their account, except for Domain name purchases.
The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.
Cancellation requests must be received (3) days prior to the renewal date. An administration charge may be applied for requests passed this period.
Hatchet will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery.
In the event of hard disk failure or data corruption, Hatchet will restore data from the last known verified archive.
The Customer should always maintain a recent copy of all data at all times, as Hatchet will not be liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from our backups and archives.
Should the Customer require Hatchet to restore or supply a backup of the account data where no fault was caused by Hatchet, a restoration fee of $55 per account will be payable, prior to restoration.
Backups are performed nightly and securely across to separate servers and stored in three different data centers across a range of disks for durability. The data is also replicated in Singapore in the event of complete failure within Australia.
You understand that the email services provided with your hosting account are not to be used as a long-term archive. You must download all email collected by your account to your own computer as it arrives, you must not keep emails on our servers for more than 60 days.
Hatchet may revise these terms and conditions from time to time by posting a new version of this document on our website. Each account is bound by the version of this document that was active as of the date of the initial order or, if the account has been renewed, the version that was active as of the date of the latest renewal, even if the renewal was automated. By renewing or agreeing to have your account renewed, you affirm your acceptance of these terms.
In exceptional circumstances, Hatchet may be required to amend the Terms of Service and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.
Use of Identity
The Customer agrees to use the Hatchet logo, company information and related services in accordance with approved marketing guidelines.
These terms and conditions constitute the entire agreement between Hatchet and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.
All invoices issued by us are payable within 14 days of the invoice, or as indicated by the Due Date at the top of the invoice. If payment is not received within this timeframe, Hatchet can, and will issue reminder notices by way of email communication to you.
Once invoices are 7 or more days overdue, Hatchet may suspend any hosting, domain, email or other services related to your customer account without notice.
Once invoices are 7 or more days overdue, Hatchet may pass on the details of the unpaid invoices to our debt collectors who may act on our behalf. The invoice details passed on will be ammended to include any relevant debt collector fees as determined by our debt collection agency. These fees will ultimately be added to the outstanding amount on your account and be requested in full by our debt collector.
Failure to pay our debt collection agency may result in action being taken against your credit rating by them. Hatchet Pty Ltd will not be held liable for any implications that this credit rating has on your business or person.
The hosting services must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to Hatchet, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.
The Customer agrees that these terms and conditions are governed by the laws of Western Australia, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.