eSolution Systems - Terms and Conditions

The supplier of this service is Education Networks Group Pty Ltd trading as eSolution Systems.
15 Metery Rd, Eltham, Victoria, Australia, 3095
ABN 52 006 802 357
James Marshall - Design and Sales: +61 0417 173 178
Bill Trikojus - Tech Support: +61 0403 312 395

1. About this document
2. Use of Services
3. Responsibility for use of Services
4. Domain Registration
5. Publicity
6. Quality of Service
7. Payments
8. Ending this agreement and suspension
9. Warranty Limitation
10. Trademarks and Intellectual Property Rights
11. How to contact us

1. About this document

The customer (in this document referred to as you) is the person who provides their personal details when purchasing an eSolution Systems service, in writing or by using eSolution Systems on-line sign up page. By signing up, you promise that you are over 18 years of age. If not, then you are not authorised to sign up to our Service. You may, however, arrange for a parent or guardian to sign up instead of you.

These terms and conditions are the terms on which eSolution Systems provide:

domain name hosting services;
associated email hosting and forwarding services;
web hosting services such as the provision of personal Web space;
design and development;
associated services or software such as content management systems or support.

These terms constitute the agreement in its entirety and supersede prior agreements. This document comes into effect when you subscribe to a service provided by eSolution Systems. This document forms part of the contract between you and eSolution Systems.

This agreement runs on a monthly basis, and then renews automatically. If you give us 30 days written or emailed notice in advance, you can cancel this agreement at the end of each month. You also have the right to cancel this agreement if we change the Terms and Conditions, Acceptable Use or Privacy Policy in a way that adversely affects your rights or obligations.

These terms and conditions may vary from time to time. We may modify the pricing structure for any Service or these terms and conditions by general notice on a page of the internet referred to on our Home Page and/or by email. Any use of the Service 30 days after the revised policy is posted will constitute an acceptance of that modification.

2. Use of Services

When you sign up, you are requested to select a username and password. You will need this user name and password to upload data to our servers (access) and to manage the services:

you must take reasonable steps to keep your password secret;
you are responsible for all use of the Services (including all Usage Charges) whether or not you have supervised the specific use;
data may be uploaded to our servers by you, your employees and contractors in connection with the normal set-up, operation and maintenance of your website or by a visitor to your website in connection with the normal operation of your website (for example, filling in a form);
you must make sure that any person uploading data to our servers complies with any obligations relating to content imposed on you under these Terms and Conditions or by our Acceptable Use Policy.

3. Responsibility for use of Services

You are responsible for all use of the Users accessing your account and for all content placed on your website. We are under no obligation to filter the content available through your website. However, you must ensure that any information, data or software available from your website:

is accurate;
is free of viruses, Trojans, worms, unsolicited communications ("spam") or other malicious code;
complies with criminal or civil laws and regulations (including censorship and intellectual property laws).

And does not infringe any applicable laws, including laws relating to:

censorship;
gambling;
spam;
trade practices and fair trading;
copyright and other intellectual property rights; and
defamation.

You must defend and indemnify us if a claim is made against us, or if we incur any losses or expenses, because you have breached your obligations. Although we are under no obligation to you to monitor or edit your use of the Services or any content you place on our servers, we may remove or modify any content that we believe on reasonable grounds infringes your obligations.

You are responsible for internet and telephone call charges that apply when you use our Services.

4. Domain Registration

If you already have a domain you may transfer it to be hosted on our servers. This will be done without charge if you provide us with the necessary transfer information via the form on our website. You will be responsible for the re-registration of your domain and the associated costs.

Some eSolution Systems contracts include domain registration in the fixed term rate. On terminating a service contract you may choose to re-delegate your domain to another host. The re-delegation fee is $199.

If you do not pay out the re-delegation fee within 30 days of terminating the service eSolution Systems is under no obligation to re-register or transfer your domain.

5. Publicity

By participating in this transaction the client acknowledges and automatically authorises eSolution Systems to use it's name, and logo for the express and sole purpose of identifying the client as a client of eSolution Systems in it's Marketing material, both Print and Electronic. The client automatically authorises eSolution Systems to create a hyperlink from the User's website to eSolution Systems websites, and vice versa.

6. Quality of Service

We will make all reasonable efforts to provide the Services to you on a continuous basis. However, the provision of Services may be slowed or interrupted completely for a number of reasons, including the following:

scheduled or unscheduled maintenance of any equipment or facilities used to provide the Services;
a hardware or software failure in any equipment or facilities used to provide the Services;
although we try to ensure that our systems cope with expected demand, a Service may be temporarily unavailable to you because of peak demand and network congestion.

We do not promise that the Services will always work, or that you will always be able to connect to them. For this reason, we do not recommend that you use the Services for mission-critical applications, or for websites where large volumes of data are downloaded.

The speed of your website depends on a number of factors, many outside of our control (including network congestion and failure in other parts of the internet). For this reason, we do not promise that your content:

will always be available to visitors to your website;
will be available at a particular speed;

eSolution Systems is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

We do not include archiving or back-up services in the services that we provide. For example, if your website data and content as stored on our server becomes corrupted for any reason, we are not responsible for restoring a correct version of that data or content. You are responsible for ensuring that you maintain one or more secure and reliable copies of all data and content stored on our server.

If you are using Online Galleries Content Management System you should make use of the “Back up website” function. This function will store an archived version of your website on your personal computer and can be used to restore your website.

7. Payments

All fixed term agreements are for a minimum term of 1 month. Payable monthly in advance and are inclusive of GST. For all other transactions Payment is due within 7 days of the date of invoice. Accounts are in default if payment is not received within 7 days after date of invoice. Accounts unpaid 14 days after date of invoice may have service interrupted or terminated. The Customer agrees to pay eSolution Systems its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement.

All of our services permit payment by credit card. Some of our plans must be paid by credit card. If you make payment by credit card:

you must provide valid credit card details and ensure that those details remain current (for example, it is you responsibility to make sure that the credit card details held by us are updated if the credit card is replaced or renewed);
if the credit card is not in your name, you must ensure that the credit card holder has authorised the use of the credit card to pay for Services provided by eSolution Systems to you;
we debit a Fixed Charge to your credit card in advance at the beginning of the period to which that Fixed Charge relates;
if we are unable to debit a charge to your credit card, we may suspend the provision of Services, try to process your payment again, or both. We do not have to adjust a Fixed Charge to take account of any period of suspension, unless we were unable to debit your credit card because of a fault in our credit card processing systems and facilities.

When you purchase eSolution's Services (sign up), you are automatically placed on a specific web hosting plan (500MB storage, 5GB bandwidth). This plan will have additional conditions which apply, such as:

the periodic charges payable (Fixed Charge);
any limits on the amount of data you can store on our servers or that users can download from your website. Additional charges are payable (on a per-megabyte basis) if you exceed those limits.

You can request an upgrade for your web hosting plan in writing no less than 14 days before the end of any monthly period for which you have paid a Fixed Charge. You will then be upgraded at the start of the next month and extra charges will apply.

For Online Galleries Lite accounts, where regular user payments are not applicable, we reserve the right to include Pay Per Click advertising on your website. 100% of the proceeds collected by this Pay Per Click advertising will go to eSolution Systems.

8. Ending this agreement and suspension

You can end the contract between you and Esoloution by notifying us by email no less than 14 days before the end of any monthly period for which you have paid a Fixed Charge. If you fail to do this, then the contract will be automatically renewed at the end of that period for an additional period of 1 month.

We can end our provision of the Services to you:

at the end of any period for which you have paid a Fixed Charge by giving you 14 days advance notice in writing or by email;
at any time by written or email notice if you breach your obligations under these terms and conditions;
if we reasonable grounds to believe that you have breached your obligations under these terms and conditions, we may suspend your access immediately while we investigate whether a breach has occurred. We are under no obligation to refund any part of the fees paid for Services during any period of suspension;
we may suspend your access to the Services at any time and without warning, if you fail to make a payment when due (including when this is caused by a credit card transaction being declined);
we reserve the right to close any Online Galleries Lite account where the website has not been updated for more than 6 months.

9. Warranty Limitation

eSolution Systems makes no warranties of any kind, whether express or implied, for the services it is providing, and disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

Certain legislation may imply terms, warranties or conditions that cannot be excluded, restricted or modified. This Agreement must be read subject to those statutory provisions. However, where such provisions apply and eSolution Systems is so entitled, eSolution Systems hereby limits its liability to the following options at its sole election:

In the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

To the extent permitted by applicable law, all warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are hereby excluded. The liability of eSolution Systems, if any, for damages relating to the provision of advice, services, or products will, to the extent permitted by law, be limited to the actual price paid by the purchaser for such advice, services, or products and will in no event include incidental, indirect, special or consequential damages of any kind.

In no event shall eSolution Systems be liable to the reseller or any end-user for any indirect, special, or consequential damages, including, without limitation, lost profits, costs of delay, any failure of delivery, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source.

Any software and hardware can have errors, and therefore the use of the Products must be by skilled and suitably trained personnel who can verify the results of use to be accurate. eSolution Systems supplies the Products "as is" without warranty as to the correctness, completeness or accuracy of the results of use, or as to any benefits of use of any nature.

10. Trademarks and Intellectual Property Rights

The material contained on this website is protected by the Copyright Act 1968 Australia, through international treaties and the laws of many other countries.

eSolution Systems is the sole and exclusive owner of all design, processes, products and the underlying software code in this website and other websites created by eSolution Systems:

you may not copy or reproduce eSolution Systems software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software;
you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or any other sites created by eSolution Systems;
trade marks and logos must not be used or modified in any way without obtaining the prior written consent of eSolution Systems.

11. How to contact us

If you have any questions in relation to our Terms and Conditions, please contact eSolution Systems on info@eSolution.com.au

eSolution Systems Terms and Conditions July 2005.