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Cost and Payment for the Service
Current pricing information may be obtained from our website http://www.bgnet.com.au By accepting this agreement, you agree to pay the current rate for the service as indicated on the website. As Bryar Group Pty Ltd, is an Australian Company, Australian Citizens and Residents will be charged the applicable GST Rate (10% at February 2003). You agree that any overcharge or error will be credited to your account or refunded at your discretion. You agree that BGnet has the right to debit the account that you use to sign up for the service until you cancel your service by notification of cancellation, noting that any such cancellation takes 48 hours to take affect. You agree that if payment is not accepted for any reason by your bank or credit card company, that we will contact you and you will be given 48 hours to respond. You agree that after this time your account may be disabled until payment is made. Your account will be disabled for a maximum of 3 months, after which your account will be removed from the system. If your account is disabled for this reason a $40.00 re-enabling fee may apply.
Term of Agreement
The duration of a single contract is twelve months, unless the monthly payment option was selected. After twelve months you will be sent a renewal form, along with the ways to pay for the next twelve months. A contract must be renewed to continue before the date of expiration for the hosting plan, and payment cleared. After which your account may become inactive. A $40.00 re-activation cost will be incurred, if payment is not met by the expiration date. Monthly paying accounts, are charged a one off $77.00 administration fee for the first year and $35.00 Administration fee, the following years. Administration fee will be charged on the first day of each consecutive 12 month period.
Specifications
Specifications for the service depends on the plan purchased, this can be determined by visiting the BGnet website at http://www.bgnet.com.au and viewing the latest plan configurations. If you exceed your limitations a $55.00 exceed fee may apply, however before you exceed you limitations we will notify of such actions.
Commencement of Services
Typically within 24-36 hours after the submission of a new hosting order at BGnet's website and payment being made and/or accepted. Domain Name(s) registration and activation is subject to availability, and customer eligability (eligability for .au domain names). Service commences when account has been established by BGnet. Direct or timely notification of commencement is not guaranteed by BGnet to the client, however we make our best effort to do so.
GST
GST was introduced by the Australian government in July 2000. GST is payable by all Citizens and Residents of Australia. All prices featured on this website are GST inclusive and prices quoted are for cash sales.
Refunds
BGnet will refund any fees for hosting as a cuase of error or overcharging on BGnet's part. You agree that there is no refund available on payment's made for Annual Accounts. You agree that payments made via monthly payment will only be refunded for payments made in advance and 3 months after initial setup date. All clients acknowledge the setup fee is non-refundable. If your termination is due to the unavailability of your site through downtime, you must produce evidence that supports these facts. Third party logs are not permitted as they route their own servers, which may be down and not ours. In most cases we will endeavour to make sure you are happy and if your not, we ask that you explain why.
Data Loss
In the event that any of BGnet's services experience a data loss we will restore your account to the levvel that it was when your account was setup. We will do our best to restore your files if posible. In no case can we restore your files if you delete them accidently. You must keep a current copy of your website locally on your own machine and maintain your own backup, at your own risk. You agree that BGnet cannot be held liable for any data loss for any reason, and waiver all liability claims against BGnet.
Security and Integrity of Data
BGnet strongly inforces currrent technologies for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. You agree to indemnify Bryar Group Pty Ltd ABN 26 103 147 253, from any legal action arising from the insecurity, integrity or transposing of data, regardless of reason or cause. BGnet cannot and will not be held responsible for viruses, trojans, loss of business or any other factor which may have arisen from acts via the Internet or hosted on our servers. We do offer a file back-up service, which is $100 a year, that is Backed-up onto CD at the end of every month, and or end of every week.
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