1. General

a. Hotspace does not assume any responsibility for any information not sent or authorised by Hotspace. Hotspace does not provide any consulting services and does not professionally advise its clients on any aspect of conducting a business or web site.
b. Hotspace does not waive its rights under these Terms unless the waiver is in writing and signed by an authorised representative of Hotspace.
c. It is Client's responsibility to use our service and services in a manner which does not violate any applicable laws or regulations.
d. Any provision of these Terms that is void, voidable or unenforceable may be severed from these Terms and the remainder of these terms will continue unaffected.
e. Hotspace may amend these Terms and condition at any time without prior notice.
f. Professional services provided by Hotspace technical staff are charged at $140 for the first hour and $100 for every hour thereafter billed in 15 minute increments inclusive of GST, or at a rate agreed upon by both Hotspace and the client.

2. Hosting Service

a. Hotspace endeavors to supply quality web hosting service with a maximum uptime. In cases where Hotspace deems that a customers service has not met an appropriate level of service Hotspace will allow the customer to apply for a service rebate of no more than 30% of one (1) month’s access fees.
b. Hotspace will attend to support issues upon notice of the issue by the hosting client technical or administrative contact.

3. Costs and Payments

a. Cost will be at the rate of the agreed Hotspace plan schedule or quotation.
b. Invoices shall be issued on the start date for the agreed period and will be payable in 14 days. GST will be applied as is required by the current law. The Customer will pay for the hosting services including set up fees within 14 days of invoice.
c. Failure to pay in the period of 14 days after an invoice is issued may result in the temporary suspension of services provided by Hotspace.
d. Late payment penalties may apply at the rate of 10% of the total unpaid balance per 14 days of outstanding debt.
e. Hotspace is not liable to you or any other person for any cost, loss or liability including loss of profit or other consequential damage arising from our supply or failure or delay in supplying the Service.
f. The client agrees to pay for any additional traffic used after their included traffic quota is reached as specified per contracted plan or pricing.
g. Service billing will continue after the duration of the contract term until the client informs Hotspace of their intention to terminate the agreement as described in section 4 of the terms and conditions.

4. Termination

a. Either party may terminate this agreement by giving the other party 30 days written notice of their intention to terminate before the commencement of the next billing period, after completion of the term of contract.
b. If the client wishes to terminate the agreement prior to the completion of the contract period, the client must pay for half of the remaining months rounding up, for their current contracted cost. Prepaid services are not eligible for refund.
c. In the event that either party is in breach of this agreement in regard to the services supplied or outstanding debt, then the agreement may be terminated by the non breaching party by giving 14 days written notice of the intention to terminate. If the breaching party is still in breach of the contract after 14 days then termination of the agreement will take place immediately.

5. Content and Usage

a. Client accepts responsibility for all information and material hosted wholly or partially on Hotspace's infrastructure.
b. Hotspace is not responsible for the content of user originated traffic.
c. Client will not publish host or store information which is illegal under local, state or federal jurisdiction.
d. Hotspace reserves the right to make any network changes deemed appropriate to ensure quality of service to all clients. If the changes directly affect a particular customers site Hotspace will contact the client to rectify the problem immediately.
e. Hotspace endeavours to keep its network free of malicious content and as such can delete, quarantine or deny service to any inbound or outbound email, hosted content or hosted hardware that Hotspace deems to be of a malicious nature. This may include but is not limited to; Virus data, Spam, Trojans and compromised hosted systems or vulnerable hardware.

6. Force Majeure

a. The parties shall not be liable or otherwise responsible for any default or non performance attributable to "Force Majeure" where "Force Majeure" refers to any clause, circumstance or contingency beyond the reasonable control of either party. Such case, circumstance or contingency shall include but not be limited to acts of God, government acts, decrees or restrictions, accidents, wars, riots or civil commotions, fires, storms, floods, strikes, lockouts, other labour problems, court order or contractual restraints, restraints affecting shipping or credit, non arrival or delay of carriers, inadequate or reduced supply or excessive cost of suitable materials or inputs.

7. Agreement and Laws

a. This agreement constitutes the entire agreement between the parties and any previous agreements, understandings or negotiations shall be superseded and replaced by this agreement.
b. This Agreement takes effect, is governed by and shall be construed in accordance with the laws of Victoria and the Commonwealth of Australia.