Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
1. The Terms of Service
1.1 These Terms of Service (“Terms”) apply to the provision of services (“Services”) by the business registered with Australian Securities and Investments Commission with the ABN number 69898357673 and , trading with the registered business name HUSTLY. (“Hustly”, “we”, “us”, “our”), to you as a user and customer of our services (“Customer”,“you”,“your”).
1.2 Hustly provides managed website and email hosting services, domain name search, submission of domain name registration applications, website templates and support (collectively, the “Services”) through our Hustly Website Management application, and our website.
1.3 Customers may use the Services to create and manage their websites (“Customer Websites”). The third-party visitors of Customer Websites are referred to in these Terms as “End Users”.
1.2 Your contract with us for each Service (“Contract”) is made up of:
- These Terms of Service;
- Our Acceptable Use Policy (“AUP”);
The documents above are collectively referred to as “Terms and Policies”.
1.3 The Terms and Policies listed above supersede all other information you may have seen on our or any third-party websites.
1.4 You represent, warrant, and agree that you have full power and authority to enter into and carry out your obligations under these Terms and Policies and the Contract.
1.5 Changes to these Terms. We reserve the right to make changes to these Terms and Policies at any time and in our sole discretion. If changes are made to these Terms, we will notify you of such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of all such changes. Please periodically review these Terms and check for any updates or changes.
2. Supply of Services
2.1 You acknowledge and accept that a third party supplier (“End Supplier”) may be used to provide the Service to you and we may change this supplier at any time in our sole discretion. Should a change in supplier occur, you acknowledge and agree that we have full authorisation to move, alter or delete your data as reasonably necessary.
2.2 We shall not be liable for any delay or failure to perform our obligations under the Contract if such a delay or failure is due to circumstances beyond our reasonable control, including termination or changes to the conditions of access to a Service by an End Supplier.
2.3 Monthly and yearly contracts will continue on a monthly or yearly basis without notice to you. Fixed term contract Services (other than a month-to-month or year-to-tear contract) will end on the last date of the contract.
2.4 Nothing in the Contract transfers to either party any intellectual property rights (“IPR”) owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites and designs) other than your pre-existing IPR, are and will remain owned by us.
3. Account and access to our Services
3.1 You will be required to register a user account with Hustly (the “User Account”) in order to access the Services. In order to host Websites or manage Domains on the Services, you must create a Hosting account (the “Hosting Account”). In order to register a domain name through Hustly, a user must create a Domain account (the “Domain Account”). The User Account, the Hosting Account and the Domain Account are collectively referred to as the “Account” in these Terms.
3.2 The user who first creates the Hosting Account may create additional users of the Hosting Account, and grant different levels of access and permissions to them. The user who first creates the Account may also transfer control or ownership of the Account to another user. All users of the Account, regardless of the level of access or permission they are granted, must agree to be bound by these Terms.
3.3 You must keep all login details to the Account secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need access to the Account for the purposes of their employment).
3.4 You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) for the Account. You also agree that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
3.5 You must notify us immediately of any breach of security or unauthorised use of your login details to access your Account. We will not be liable for any loss you incur due to any unauthorised use of your Account or your login details.
3.6 You agree that the email address you provide when you create your User Account (“Designated Email Address”) shall be used to officially notify you about events related to your Account and the Services. You agree to verify that email sent by Hustly successfully reaches the email inbox associated with your Designated Email Address. You also agree to update your Designated Email Address when necessary.
3.7 You agree that we will request you to verify your ownership of your Designated Email Address for the supply of the Services, including but not limited to support requests.
3.8 You acknowledge that Hustly may post official notifications related to your Account and the Services within the Hustly Website Management Application. You agree that if you do not read email sent by Hustly, regularly log into the Hustly Website Management application, and take corresponding action, Hustly’s performance of the Services may be negatively impacted.
3.9 You agree to our use of your login details in providing the Services, including in respect of any migration or transition of your account, domain name, website, content or data (to or from any suppliers we use) as reasonably necessary for the continued provision of the Services.
3.10 By using the Services or registering for an Account, you agree to provide accurate, truthful, current, and complete information. You also agree to maintain and promptly update your Account information upon any changes.
3.11 If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.
4. Your Obligations
4.1 You must be at least 18 years of age (or any higher minimum age in the jurisdiction where you reside) to access or use the Services or have reached the age of majority in your jurisdiction.
4.2 You must provide us with co-operation and support as we may reasonably request to provide the Services. These include:
- Promptly responding to our emails or communications in relation to the Services; and
- Providing prompt and accurate responses to our requests for any information or documentation reasonably required by us to provide the Services.
4.3 You are solely responsible for obtaining any and all necessary intellectual property rights clearances and other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, and any content that you upload to our systems.
4.4 You indemnify us from and against any and all liabilities incurred by us in connection with our:
- Use or reliance upon any images, videos and audio files, trading names, data, information, code, documentation, or other materials provided by you; or
- Compliance with directions or instructions provided by you in relation to the Services.
4.5 You agree that you will conduct regular backups of any and all your data, required for the reasonable operation of your Account, Services, websites and other related assets. Hustly’s systems will automatically backup data hosted in our systems, but we do not, and cannot guarantee that our backups will be sufficient for restoration of your Service or other related assets.
5. Domain Name Search and Registration
5.1 You may use our domain search tool hosted at domains.hustly.website (“Domain Search Tool”) to find domain names that are available for registration. Hustly does not and cannot guarantee the accuracy of availability status or prices of domain names displayed by the Domain Search Tool.
5.2 You may use our Services to submit a request for registering a domain name to Hustly (“Domain Name Registration Request”). In any and all such cases, where you create a Domain Name Registration Request, we will require an upfront non-refundable annual or one time payment depending upon the domain name’s top level domain.
5.3 You acknowledge that Hustly only facilitates submission of a request for domain registration, and relies upon the services of other End Suppliers, such as domain name registrars, for successful registration of domain names. We do not and cannot warrant or guarantee that the domain name will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. You irrevocably waive any claims you may have against us in respect of the decision of a Registry to refuse to register a domain name and, without limitation, agree that any administration charges paid by you to us shall be non-refundable in any such event.
5.4 A registration of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
5.5 You agree that the registration of domain names and their subsequent continuous use, are subject to the relevant End Supplier and naming authority’s terms and conditions. You are responsible for ensuring that you have carefully read and understood any such terms and conditions and for complying with them. You irrevocably waive any claims you may have against us in respect of the relevant End Supplier and/or naming authority’s decision to refuse registration of a domain name, and agree that any related fees paid by you to us shall be non-refundable in any such event.
5.7 We accept no responsibility for the use of a domain name by you or any other individual, entity, organization, group or business. Any dispute between you and any other such individual, entity, organization, group or business, regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. In any and all such cases, we reserve the right, at our sole discretion, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant End Supplier and/or naming authority.
5.8 You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these services will continue to be billed in accordance with the relevant Contract and associated Services.
5.9 We will require the Customer who submits a Domain Name Registration Request to supply contact details (“Domain Owner Details”) of the legal entity in whose name the domain will be eventually registered. Such contact details include, and are not limited to, your full legal name, name of the organization you represent, legal address, legal phone number, and email address. You may also provide an additional billing contact (“Domain Billing Contact”), to represent an individual, entity, organization, group, or business who is responsible for payments and fees associated with the Services related to the registration of the domain name. The Domain Owner Details and the Domain Billing Contact are collectively referred to in these Terms as “Domain Contact Details”.
5.12 You will receive domain expiration notices by email to your Designated Email Address, prior to the date your domain name registration expires. If your domain registration through Hustly is set to auto-renew, it is your sole responsibility to ensure that your Domain Contact Details and payment methods are updated with Hustly, so that the auto-renew process is successful.
5.13 All domain names registered with Hustly will include whois privacy guard provided by an End Supplier (Gandi) by default. You acknowledge that this whois domain privacy guard is subject to the terms of the End Supplier.
6. Fees and Payment
6.1 Customer shall timely pay all required fees as determined by Hustly in its sole discretion (the “Fees”) by a valid payment method (e.g., credit card). You acknowledge and agree that on a monthly or annual basis your Hosting Account will be automatically renewed, and the Fees will be automatically charged to the valid payment method you provided. To avoid automatic payments and renewal, you may cancel your Hosting Account.
6.2 Monthly, or Annual fees are not refundable if your Service is terminated part way through a payment period. Each time we charge a transaction, we will provide you with a receipt of the payment. We require 5 business days’ notice prior to your next billing date to avoid charging you at that next billing date. If you elect to cancel a payment method, we will then, subsequent to the expiry of the notice period, provide a cancellation or refund confirmation within 5 business days.
6.3 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
6.4 Hustly may offer free trial periods to Services from time to time. During a free trial period, you will not be required to pay any Services fees. Please note that your credit card may be charged a small nominal amount to verify your credit card but this verification charge will be refunded without you needing to take any further action. You may cancel your free trial subscription, to take effect at the end of the free trial period.
6.5 Hustly may also offer other promotional discounts or benefits (Promotions).
6.6 We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any free trial or Promotion in our discretion for the purposes of preventing abuse of the free trial or Promotion.
6.7 If you sign up to a free trial or a Promotion, and do not terminate your agreement within the duration of the free trial or Promotion, the contract may auto-renew with no further notice to you. If you do not cancel your free trial or Promotion, you will be charged the Services fees in accordance with the Service that you selected during your initial registration for the free trial or Promotion, starting from the first billing period after the free trial or Promotion ends.
6.8 If you wish to terminate your account, you can submit a support request from the support section on our website. We will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation. Alternatively, you can directly send an email request to email@example.com requesting a cancellation. For the cancellation to be completed by us, we will require you to verify your ownership of the Account and your Designated Email Address.
6.9 Either party may terminate this Contract immediately by notice in writing to the other party if:
- the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
- the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 14 days of being required to do so in writing by the first party; or
- an insolvency event occurs with respect to the other party.
6.10 If we terminate a Service for a reason set out in 6.9, we shall also be entitled to immediately cease any of our other Services to you.
7.1 We do not and cannot warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
7.2 You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.
7.3 We do not make any warranty of any kind that the Services will meet your requirements, achieve any intended result, be compatible or work with any software, system or other services.
8. Liability and Indemnity
8.1 If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.
8.2 You agree to indemnify and hold harmless Hustly, its owners, employees, agents, contractors, affiliates, End Suppliers, licensors, ICANN, the domain name registrar, and employees and agents of these organizations against all liability to any third parties (including without limitation, any customers and clients of yours) and associated costs in defending any action, claim, proceeding or demand by a third party to the extent to which liability or the claim arises from or in connection with access to our Services.
8.3 Neither Hustly, nor its owners, employees, agents, contractors, or End Suppliers, nor any other party involved in creating, producing, or delivering the Service, will be liable for any indirect, incidental, special, or consequential loss or damages including lost profits, lost revenue or business, loss of goodwill, loss or theft of any/all data or content, service interruption, damage to your computer, or the cost of substitute services arising out of or in connection with the Contract or from the use of or inability to use the Services, whether based on warranty, contract, tort, negligence, or any other basis, and whether or not Hustly has been informed of the possibility of such damages, and even if a limited remedy set forth in the Contract is found to have failed of its essential purpose.
8.4 Each party’s aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this section, is limited to the charges paid by you in respect of the Services for the preceding 12 months to any such claim.
8.5 If a jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, then the limitations of this section and these Terms will apply to you to the fullest extent permitted by law.
9. Dispute Resolution
9.1 We want to address your concerns without resorting to a formal legal case. Before filing a formal legal claim against Hustly, please contact us at firstname.lastname@example.org. We will try to resolve the dispute and address your concerns.
9.2 Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either:
- post or courier, to the address of the other party.
9.2 A notice will be deemed delivered (a) if sent by email, on receipt by the sender of a receipt confirmation; and (b) if sent by post, 14 business days following the date of posting.
9.3 This Contract and the rights and obligations of the parties under the Contract may not be assigned or delegated by either party without the prior written consent of the other party, and which consent will not be unreasonably withheld; provided, however, that without your consent we may novate this Contract to any of our related bodies corporate or assign this Contract to a successor in connection with any corporate reorganisation, mergers and/or acquisitions, or sale of our business or assets to which this Contract is relevant.
9.4 We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.
9.5 The Contract is to be interpreted in accordance with the laws of the State of New South Wales, Australia.