1. Definitions

1.1. “Customer” means the person or entity who ordered services provided by AIC Technologies.

1.2. “Customer Service” means the relationship between AIC Technologies staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.3. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

1.4. “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our hosting environments and a connection to and from the internet for web, email hosting, domain name registration or transfer or renewal, SSL, website design and client service (care) plan services. These product(s) and service(s) are identified in full within one or more quotes, invoices, contracts or proposals as well as “sign up” and “service provision” emails AIC Technologies has sent after the Customer requests the service or as communicated by phone or in person.

1.5. “AIC Technologies” is the trading name of ABN 97 218 217 009.

2. Acceptance

2.1. The Customer signified acceptance of our Terms of Service,as well as our Acceptable Use Policy, Privacy Policy, and any applicable Registrant Agreement, when they submitted their order to AIC Technologies for Services, and that order was accepted.

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3. Communication

3.1. The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from AIC Technologies to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only.

3.2. Customers with eligible services may receive service specific notifications (including, but not
limited to suspension notices) via SMS to their mobile device.

3.3. If the Customer does not want to receive these mandatory service-specific emails and/or SMS messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 11 of this policy.

4. Availability of Services

4.1. While AIC Technologies will endeavour to provide continuous availability of all Service(s) to the Customer, AIC Technologies will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

4.2. Scheduled maintenance will be performed at a time which is deemed suitable by AIC Technologies, and should it require any Services to be offline for greater than thirty (30) minutes, AIC Technologies will post details of the scheduled maintenance at least two (2) days prior.

4.3. Unscheduled maintenance will be performed as required by AIC Technologies.

5. Domain Names

5.1. The Customer acknowledges that any domain name registration, transfer or renewal will be processed through the vendors Synergy Wholesale or Dreamscape Networks.

5.2. The Customer acknowledges that they have read, and agree to any applicable Registrant
Agreement before purchasing any Domain Name(s) from AIC Technologies.

5.3. The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by AIC Technologies.

5.4. AIC Technologies does not warrant or guarantee that a Domain Name registration will be
approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been paid. The Customer should take no action in respect of the requested Domain Name(s) until
they have been notified by AIC Technologies that the Domain Name(s) have been successfully
registered and the Customer has verified the registration through public WHOIS lookup.

5.5. The registration and on-going use of the Domain Name(s) are subject to the relevant naming
authority’s terms of service and any applicable Registrant Agreement. The Customer is
responsible for ensuring awareness of these terms and that they are adhered to.

5.6. The Customer waives any right to make claim against AIC Technologies in respect to a
decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or
continued use of a Domain Name.

5.7. The Customer acknowledges that AIC Technologies is not obligated to renew a Domain Name
if the Customer has;

a. not confirmed to AIC Technologies that the domain name is to be renewed, or

b. the invoice for renewal has not been paid in full, or

c. it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name license.In these circumstances, AIC Technologies will not be held liable by the Customer for any loss or damages. All renewal requests must be made by email and it is the Customer's responsibility to confirm that the renewal request has been successfully processed in full.

5.8. Domain Name registration, renewal or transfer may be declined by AIC Technologies if the
Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy
or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.

5.9. It is the Customer's responsibility to ensure that the Registrant, Technical and Administrative
contact information is kept up to date on every domain name. As per registry-registrar policy
and agreements, AIC Technologies will use the Registrant contact information to advise the
Customer of any pending expiry, renewal or transfer requests relating to the domain name.

5.10. Should the Customer choose to terminate all Service(s) with AIC Technologies, but does not
transfer a Domain Name to another registrar, the Customer agrees that AIC Technologies may
contact the Customer after the Account closure to advise of any domain name expiry, renewal
or transfer request.

5.11. The Customer warrants that AIC Technologies is authorised to act as the Designated Agent to approve any changes to made to registrant contact details on behalf of the old or new registrant for any generic top-level domains governed by ICANN.

5.12. Enabling ‘ID protection’ on any generic top-level domain governed by ICANN is not considered a material change the registrant data given that as per ICANN requirements the registrar holds all original registrant data.

6. Customer General Warranties and Undertaking

6.1. The Customer warrants that any information supplied to AIC Technologies is true and correct.

6.2. The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.

6.3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by AIC Technologies, its staff, agents or affiliates, which has not been expressly stated in this agreement.

6.4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised
third parties accessing their Account and/or Service(s). These matters should be referred to the
Australian Federal Police for investigation as soon as possible.

7. AIC Technologies General Warranties and Undertaking

7.1. AIC Technologies shall not be liable to the Customer for harm caused by or related to the
Customer's Service(s) or inability to utilise the Service(s) unless caused by gross negligence or
wilful misconduct.

7.2. AIC Technologies shall not be liable to the Customer 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.

7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that AIC Technologies, 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.

7.4. AIC Technologies does not warrant that:
a. Any Service(s) provided will be uninterrupted or error-free;
b. The Service(s) will meet your requirements, other than as expressly set out in this
c. The Service(s) will not be subjected to external hacking attempts, viruses, worms,
denial of service attacks, or other persons gaining unauthorised access to the
Service(s) or any AIC Technologies system, or those of it's vendors.

7.5. AIC Technologies does not make or give any express or implied warranties including, without
limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a
course of dealing, usage or trade practice, with respect to any goods or services provided
under or incidental to this agreement.

7.6. In no event will AIC Technologies 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

7.7. Third party services engaged by the client through cPanel including but not limited to SEO and
web design tools are done so at the Customer(s) own undertaking. AIC Technologies does not
provide any express or implied warranty on the quality of their product(s) nor the outcomes
expected and is under no obligation to extend support for externally managed or purchased

8. Accounts and Billing

8.1. The Customer agrees to yearly contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The year to year contract for Service(s) is
automatically renewed each year in perpetuity subject to cancellation by the Customer.

8.2. Yearly Service(s) are established as part thereof, signifying the beginning of a new year
demotes commitment till the end of that year.

8.3. In relation to fees for Service(s):
a. Fees for Service(s) ordered by the Customer shall begin on the date of the initial order
and shall be prorated to include all days until the first day of the next month, and the
chosen billing cycle in advance. This may be monthly, quarterly, semi-annually,
annually, biennially or triennially.
b. The first day of the month will serve as the anniversary date for all future billings
including one time fees, upgrades, additional services, cancellations and service
credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain
name registrations, SSL certificates, et cetera).
c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten
(10) days prior to the due date. If a credit card is stored in the Account it will be
charged three (3) days prior to the due date to allow sufficient time for any potential
issues (such as insufficient funds, expired cards, et cetera) to be rectified before the
due date.

8.4. In relation to fees for upgrades to Service(s):
a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a
full cycle and will continue each cycle on the anniversary date, unless the Service(s)
only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).
b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to
the next anniversary date at the full monthly cost. Future fees will appear as the new
plan from your existing anniversary billing date.
c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If
a credit card is stored in the Account it will be charged three (3) days prior to the due
date to allow sufficient time for any potential issues (such as insufficient funds, expired
cards, et cetera) to be rectified before the due date.
d. Additional fees may be payable for upgrades where manual work is required by
AIC Technologies to process the upgrade request.

8.5. In relation to fees for downgrades to Service(s):
a. Downgrades will be processed when the request is received from the Customer, unless
otherwise specified in the request.
b. An Account credit will be issued to the Customer’s Account for the difference of any
prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.
c. Additional fees may be payable for downgrades where manual work is required by
AIC Technologies to process the downgrade request.

8.6. Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL
certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7)
days of the invoice being issued.

8.7. All published prices are inclusive of any government taxes and charges unless otherwise noted.

8.8. Any unpaid invoices in the Customer's Account must be paid in full before new Service(s) will
be provisioned.

8.9. Failure to pay any fees may result in the account being referred to an external collection
agency, which may include interest (calculated daily) and collection costs.

8.10. Service(s) with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, with full payment for all outstanding invoices required before the Service(s) can be reactivated.

8.11. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to AIC Technologies Terms of Service.

9. Payments by Credit Card

9.1. In the event a new Service is ordered by the Customer with payment via credit card, this credit card information may be stored against on the Customer's Account and may be used for future automatic invoice payments.

9.2. Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

10. Refunds

10.1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of AIC Technologies’s suppliers:
a. Domain names;
b. SSL certificates;
c. SMS credits; and
d. Software licences.

10.2. A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within forty-five (45) days of the date that the refund was requested for any of the following Service(s):
a. Any shared cPanel web hosting Service;
b. Any dedicated email hosting Service; and

10.3. A pro rata refund will be provided to account credit only if the refund request was made more than forty-five (45) days after the order was placed for any of the following Service(s):
a. Any shared cPanel web hosting Service;
b. Any dedicated email hosting Service; and

10.4. The Customer will not be entitled to a refund if any of AIC Technologies’s Terms, Policies and Agreements have been breached by the Customer.

10.5. All other refunds will be processed at the sole discretion of AIC Technologies, in-line with the Australian Competition & Consumer Commission's published policies and guidelines. More
information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.

11. Cancellation

11.1. The Customer can request cancellation of their Account or any Service(s) for any reason by by making a cancellation request via email.

11.2. Any prepaid fees for Service(s) past the current billing month will be refunded in accordance with the Refunds subsection of this agreement once a refund request has been made by the Customer.

11.3. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).

11.4. If the Customer requests cancellation of a Service after the invoice for the renewal of the
Service has been paid, a refund will be issued in accordance with the Refunds subsection of
this agreement.

12. Suspension and Termination of Service(s)

12.1. AIC Technologies may suspend or terminate Service(s) if:
a. The Customer is found to be in breach of any policy including but not limited to the
Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable
Registrant Agreement;
b. The Customer has become insolvent or bankrupt;
c. The Customer has unpaid invoices.

12.2. AIC Technologies may decide at its sole discretion to advise a Customer that their Account
and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any
applicable refunds will be processed as per the Refunds subsection of this agreement.

12.3. If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated,
the Customer must pay all outstanding invoices by the due dates.

12.4. If a web hosting, dedicated email hosting is suspended or terminated for any
reason, AIC Technologies is under no obligation to provide the Customer with a copy of any
data associated with the Service(s). AIC Technologies may provide the customer with a backup
of the data, if it is available, for a fee of $199.95.

13. Data Management

13.1. It is the Customer's sole responsibility to maintain regular offsite backups of their data. The Customer will not hold AIC Technologies liable for incomplete, out of date or corrupt data recovered from backups and archives.

13.2. For shared cPanel web hosting and dedicated email hosting Service(s), AIC Technologies makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the sole purpose of disaster recovery. AIC Technologies does not take automated system backups of any other Service(s) unless explicitly stated.

13.3. In the event of hard disk failure or data corruption of a shared cPanel web hosting or dedicated email hosting server, AIC Technologies will restore data from the last known verified archive. If backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service(s) from their own copy or an off-site backup; and re-create all mailboxes, databases, FTP accounts, et cetera.

13.4. If the Customer requires AIC Technologies to supply a backup of their data for an active shared cPanel web hosting or dedicated email hosting Service, for any reason or purpose that is not the direct fault of AIC Technologies, a fee of $49.95 per Service will be payable by the Customer before the data will be made available. Services in a suspended, cancelled or terminated state are not considered an active Service.

13.5. AIC Technologies is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason. 13.6. AIC Technologies holds no responsibility for any issues which arise during the use of third-party services including but is not limited to R1Soft, Softaculous, Installatron and RVSiteBuilder. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of AIC Technologies.

14. Use of Identity

14.1. The Customer agrees that the use of any AIC Technologies logo or company information is within approved marketing guidelines.

14.2. AIC Technologies agrees not to use a Customer name, logos or information without prior written consent of the Customer.

15. Governing Law

15.1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by AIC Technologies.

15.2. The Customer agrees that these and all AIC Technologies Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

16. Changes

16.1. AIC Technologies may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

16.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.

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