Genesis Multimedia
Hosting Agreement Terms and Conditions

Effective 17th Novemeber 2008.

1. Definitions
1.1 In this document, unless the context requires otherwise:
"Genesis Multimedia", "We", "Our" or "Us" refers to "Genesis Multimedia", Victorian Business # B1867743K.
1.2 "Customer", "You" or "Your" refers to the person or legal entity using the service provided by Genesis Multimedia or Services refers to the provision of web hosting services by Genesis Multimedia to the Customer.

2. General
2.1 Your use of Genesis Multimedia's services constitutes your acceptance of these Terms & Conditions.
2.2 Genesis Multimedia reserves the right to modify these terms at any time without notice and post changes to these terms on our website.
2.3 Changes to these terms will become effective upon publication of the notice.
2.4 If you use any service after publication of any change to these terms, your use will constitute acceptance of the amended terms.
2.5 The agreement made between us on these terms commences on the date Genesis Multimedia accepts Customer’s application for the services.
2.6 Acceptance of Customer’s application for services is deemed to be the date Genesis Multimedia creates Customer’s account on its servers for use by Customer or upon customer payment for services.
2.7 The Service is provided on an "as is, as available" basis. Genesis Multimedia gives no warranty, express or implied, for the Web Hosting Services provided.
2.8 We may vary these terms, our pricing for any service, or the terms of the operation of the Service, by email or in writing. All changes will become effective upon publication of the changes.
2.9 This agreement is governed by the laws in place in the State of Victoria, Australia.

3. Service
3.1 While Genesis Multimedia shall make every reasonable effort to protect data stored on our Server(s), Genesis Multimedia is not responsible for Customer's data, files, or directories residing on Genesis
Multimedia's equipment. The Customer is solely responsible for maintaining data, file, and directory structure backups.
3.2 We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups.
3.3 The customer is required to provide Genesis Multimedia with correct and up to date contact details for billing and technical notification purposes. Genesis Multimedia takes no responsibility for disruption to services due to inability to contact the customer.
3.4 The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. Genesis Multimedia makes no representations, warranties, or assurances that the client's equipment will be compatible with Genesis Multimedia's services.
3.5 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers and by giving notice where possible as deemed by Genesis Multimedia.
3.6 We may need to perform unscheduled maintenance without providing notice to you.
3.7 The Service is provided by Genesis Multimedia from its data centre in Australia. Genesis Multimedia will determine in its absolute discretion from time to time the data centre location from which your Service is provided. We reserve the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in Genesis Multimedia's opinion becomes unreliable or unsuitable.

4. Payment
4.1 You must pay for the service as notified to you by Genesis Multimedia in accordance with Genesis Multimedia's prices for Services from time to time.
4.2 Accounts can be paid by cheque, direct deposit or credit card and must be subject to payment time frames as deemed by Genesis Multimedia.
4.3 Where payment of the invoice is not received by the day of expiry, customers account will automatically be deactivated. Where payments for the invoice have not been received 14 days after deactivation, Genesis Multimedia will delete the clients account and all files, documents, data and other content from our servers.
4.4 Prices are inclusive of any government taxes or charges unless otherwise noted, and exclude any domain registration charges unless otherwise noted.
4.5 Genesis Multimedia reserves the right, in its sole discretion, to deactivate the customer's service upon indication of credit problems including, but not limited to, delinquent payments.
4.6 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless you request cancellation, in writing, within 7 days of initially comencing Genesis Multimedia's services in accordance with our Satisfaction Guarantee Policy (Clause 5).

5. Satisfaction Guarantee
You may terminate your hosting service(s) with Genesis Multimedia within the first seven (7) days from initial activation of the hosting service and receive a full refund for the payment already received by Genesis Multimedia. A request for termination of services must be received in writing. Fees are otherwise not refundable.

6. Customer Warranties and Indemnities
6.1 You warrant that:
a. If you are not the customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Genesis Multimedia for any breach of this agreement by the Customer;
b. At the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement;
c. You will keep secure any passwords used with the service;
d. You hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer data; and,
e. You will conduct such tests and virus scanning as may be necessary to ensure data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
f. During the term of this agreement you will be bound, and continue to be bound, by Genesis Multimedia's Acceptable Use Policy as can be viewed on our website.
6.2 You indemnify us against all costs, expenses, loss or liability that you may suffer (directly or indirectly) resulting from:
a. Your breach of these terms and/or of our Acceptable Use Policy
b. Your use or misuse of the Service;
c. The use or misuse of the Service by any person using your account; and,
d. Publication of defamatory, offensive or otherwise unlawful material on any website forming part of your service.

7. Genesis Multimedia Warranties and Liabilities
7.1 We do not warrant that:
a. the services provided under this agreement will be uninterrupted or error free;
b. the services will meet your requirements, other than as expressly stated in this agreement; or
c. the services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of Genesis Multimedia.
7.2 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.

8. Termination
8.1 The customer may terminate the web hosting services provided by Genesis Multimedia in accordance with our Satisfaction Guarantee or at any time by giving 7 days written notice. Refunds are only available if Genesis Multimedia receives the cancellation request in writing within 7 days of purchase date for the services you are wishing to cancel. Under no other circumstances are fees refundable.
8.2 We may end our agreement with you and cease providing services for any reason deemed by us, on 7 days written notice to you.
8.3 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.

9. Agreement
You agree that the above Terms and Conditions constitute the full and complete understanding between Genesis Multimedia and the customer of the obligations and responsibilities of both parties to the other.

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