Commonline's standard terms and conditions for the supply of services are intended to describe your rights and obligations when using Commonline's services.
Please read these carefully, it is a condition of your use of our service that you comply with these terms and conditions and any amendments to these.
These terms and conditions may be amended at any time, please review them regularly on our web site.
"Commonline" is Commonline Pty Ltd. (A.C.N. 100 063 983).
"Client" Means the individual or corporate entity subscribing to or using services provided by Commonline.
"Supplier" Means the individual or corporate entity supplying services or goods to Commonline.
"Web Site" Means the disk space and resources allocated to a client on Commonline's computers for storage of the client's data.
"Server" Means any computer installed within Commonline's network for any purpose.
"e-mail" Where Commonline has promised to advise clients by e-mail Commonline will send an e-mail to the e-mail account advised by the client. The client is responsible for ensuring Commonline is advised of their current e-mail address.
Publication of material
Servers hosted within the Commonline network are open to the public. You are solely responsible for your usage of the Commonline network and servers and any statement you make on servers hosted within the Commonline network may be deemed a "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Backup of data
Commonline backs up the server files including client's data on a regular basis, however we do not guarantee to be able to recover your data should it be required. Off-site backup services are available to clients at an additional charge.
Availability of services.
Commonline will endeavour to ensure the web servers are available continuously. Any maintenance or upgrades that will impact availability are performed during low access periods.
Use of all Commonline services and facilities is at your own risk. Commonline specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Commonline be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify Commonline against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of Commonline.
Refusal of service
Commonline reserves the right to refuse service to anyone at any time. However, if Commonline should deem it necessary to initiate termination of services with you, Commonline specifically agrees to provide reasonable access to you in order to provide you access to your data which may still reside on the server being removed from the network. In no event shall Commonline be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages which result from this termination of services
Client understands and agrees that the State of Victoria, Australia in which Commonline is located shall be the exclusive forum for any legal action relating to Commonline's services, and the client expressly consents to the personal jurisdiction of such court. The aforementioned terms and general information are not all inclusive and are subject to change at the sole discretion of Commonline.
Right to cancel account:
Commonline may cancel any account and withdraw any service where Commonline believes the client is in breach of any of these terms and conditions or amendment to these.
Clients own risk:
The use of the service is at the Clients's own risk. Commonline does not guarantee an uninterrupted or error free service. Commonline shall not be liable for any damages arising out of use of the service or inability to use the service.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal Law or State of Victoria law is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold Commonline harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Breach of laws or copyright:
The service shall not be used by any client for any activities of any illegal or fraudulent nature, including activities prohibited under the Australian Commonwealth Tele-communications Act 1989 or under other applicable Australian State and Commonwealth laws or International Laws. Clients shall not upload any material that would result in any breach of copyright laws or would result in Commonline being liable for any fees under or in connection with the Copyright Act 1968 or any other Regulation, Act or Law.
Clients may not use Commonline facilities and services for any offensive, illegal or immoral purpose.
Use by client:
The rates charged include the use of the Web Site or server by individuals and other organisations than the client. The client however is responsible for payment of all fees and charges.
Client is responsible for protecting Client's password and for any authorized or unauthorized use made of Client's password. Client will not use or permit anyone to use Commonline's service to guess passwords or to access other systems or networks without authorization. Commonline will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Changes to fees and services:
Commonline may change the charges at any time. Changes will be advised by e-mail and by updating the rates page one month prior to the new rates taking effect.
Termination of account:
Clients may terminate their Commonline account at any time by advising Commonline in writing. 90 days notice is required for termination.
Issuing of invoices and statements:
Commonline will at Commonline's discretion issue invoices by e-mail or regular mail. All invoices are payable on receipt. We do not issue statements. We do not provide any credit.
Issuing of receipts:
Receipts are issued only on request.
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD COMMONLINE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE LEGAL FEES ASSERTED AGAINST COMMONLINE, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENT, ITS AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMMONLINE AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH COMMONLINE'S SERVER; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY OR OTHERWISE VIOLATING ANY APPLICABLE LAW; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM COMMONLINE'S SERVER.
Commonline will not be responsible for any damages your business may suffer. Commonline makes no warranties of any kind, expressed or implied for services we provide. Commonline disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Commonline and its employees. The services provided by Commonline are provided AS-IS and without any warranty expressed or implied. Commonline will not be held liable for any loss of trading or potential earnings caused by failure of the service, in such an instance the maximum extent of the liability would be limited to the pro-rata hosting fees for the period in question. Commonline reserves the right to revise its policies at any time.
(a) Nondisclosure of Confidential Information.
Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology,and products, and other information held in confidence by the other party("Confidential Information"). Confidential Information will include all informationin tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, Commonline Technology, Client Technology, and the terms and conditions of this Agreement. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party's lawyers, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information.
Information will not be deemed Confidential Information hereunder if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii)becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure.
(a) Ownership. Except for the rights expressly granted herein, this Agreement does not transfer from Commonline to Client or Supplier any Commonline Technology, and all right, title and interest in and to Commonline Technology will remain solely with Commonline. Except for the rights expressly granted herein, this Agreement does not transfer from Client or Supplier to Commonline any Client or Supplier Technology, and all right, title and interest in and to Client or Supplier Technology will remain solely with Client or Supplier. Commonline and Client or Supplier each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.
(b) General Skills and Knowledge. Notwithstanding anything to the contrary in this Agreement, Commonline will not be prohibited or enjoined at any time by Client or Supplier from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another client of Commonline.