Terms and conditions

By usingand accessing this website, www.alinga.com.au (collectively referred to as the “Site” or “Alinga Web Media Design” in these Terms of Service), you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

WEBSITE USAGE
By usingand accessing this website, www.alinga.com.au (collectively referred to as the “Site” or “Alinga Web Media Design” in these Terms of Service), you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

Intellectual Property.
You acknowledgeand agree that all contentand information on the Site is protected by proprietary rightsand laws.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.

Third-party Sites.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenienceand does not imply endorsement of, or association with, the party by Alinga Web Media Design.

Modifications to this Agreement.
Alinga Web Media Design reserves the right to change or modify any of the termsand conditions contained in this Agreement at any time. You acknowledgeand agree that it is your responsibility to review the Siteand these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Serviceand agreement to abideand be bound by the modified Terms of Service.

Termination of Use.
Alinga Web Media Design shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.

Disclaimer of Warranty
You expressly agree that use of the Site is at your sole riskand discretion. The Siteand all contentand other information contained on the Site is provided on an “AS IS”and “AS AVAILABLE” basis without warranty of any kind, whether express or implied. Alinga Web Media Design makes no warranty that (I) the Siteand content or information will be uninterrupted, timely, secure or error-free, (II) the results that may be obtained from use of this Site will be effective, accurate or reliable. The Site may include technical mistakes, inaccuracies or typographical errors. Alinga Web Media Design reserves the right to change the Site contentand information at any time without notice.

Limitation of Liability.
In no event shall Alinga Web Media Design or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the contentand other information obtained therein.

Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

SERVICE AGREEMENT
Alinga Web Media Design Pty Ltd. (hereinafter referred to as “Alinga”) provides weband marketing services to people all around the world. We have the responsibility to protect each clientand provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before orderingand/or using Alinga services.

THIS AGREEMENT (“Agreement”) is madeand effective as of the date of acceptance, byand between you (“Client”)and Alinga Web Media Design Pty Ltd.

Payment
All charges payable by you to us for the Services shall be in accordance with the relevant scale of chargesand rates published from time to time by us on our Web siteand shall be dueand payable within the payment terms of our invoice.

The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rightsand remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwithand at our sole discretion, to suspend the provision of Services to you.

Pre purchased web support is to be paid upfront. Your account is credited the hoursand a spend down on hours for services is provided.

If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.

Alinga does not offer refunds or credits for first purchases in the event of termination or cancellation of these services.

Termination
We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.

We may terminate this agreement immediately if you breach any of our termsand conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

On termination of this agreement we shall be entitled immediately to block your Web Siteand to remove all data located on it. We will hold such data for a period of 14 daysand allow you to collect it, at your expense ($125/hr), failing which we shall be entitled to delete all such data. If your service is terminated due to non-payment, you remain liable for all invoiced amounts.

Service availability
We shall use reasonable endeavours to provide continuing availability of the Serverand the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.

Alinga Support
Alinga will provide you with technical support for account managementand website management.
For all trainingand consultancy requests, please review our pre packaged services.

Business Hours:

Email Support is available Monday to Friday from 9:00am to 5:00pm AEST [Excluding Public Holidays].
Phone support is available Monday to Friday from 9:00am to 5:00pm AEST [Excluding Public Holidays].
Alinga’s target response time to technical support requests is less than two hours. The response time depends on the complexity of the enquiryand current support request volumes. To ensure your request is acknowledgedand actioned promptly submit a new support ticket
Critical/Emergency Issues which require immediate response will be charged at $195 + GST per hour (minimum 1 hour).

Out of Business Hours:

Email Support: Support tickets can be lodged at anytime through your Account Portal. On completion of a ticket you will receive a unique numberand our support department will be notified of the request. Depending on the complexity of the enquiryand current support request volumes we will endeavour to contact you the next business day.
Phone support: Non-critical issues handled out of business hours for all customers are chargeable at $150 + GST per hour (minimum 1 hour).
Critical/Emergency Issues: Alinga will endeavour to respond to critical issues when they arise. Critical/Emergency Issues which are handled out of business will be charged at $195 + GST per hour (minimum 1 hour).

HOSTING POLICY
All services provided by Alinga may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secretand other statute. The subscriber agrees to indemnifyand hold harmless Alinga from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Sites that include or promote any illegal activity or content that may be damaging to Alinga servers are non acceptable on Alinga servers.

Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography
  • Hacking/cracking related websites
  • Warezand/or copyrighted MP3s
  • Material illegal under Australian law

Alinga will be the sole arbiter as to what constitutes a violation of this provision,and reserves the right to deactivateand remove any site at any time for any reason without refund!

System Resource Usage
If Alinga’s system administration team determines that an account is utilising an unacceptable amount of system resources, Alinga may temporarily deactivate the account in question. If Alinga’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by Alinga staff or locate a new provider. This only occurs in extreme cases; Alinga will do all it can to assist customers prior to this scenario.

Alinga will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be consideredand analyzed individually.

Backups
Alinga performs nightly backups of sharedand reseller servers; however, these backups are for Alinga’s administrative purposes only,and are in NO WAY GUARANTEED!
Customers are responsible for maintaining their own backups on their own personal computers. Alinga does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure completeand accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer!

Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from an Alinga server or using a return email address that is maintained on an Alinga server is STRICTLY prohibited.

Using SPAM to advertise a site hosted on Alinga’s network also constitutes as a violation of this provision. Alinga will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be initially warnedand then if repeated immediately deactivatedand no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $150 + GST per hour for any clean up, research,and related work from their illegal activities.

Server Abuse
Any attempts to undermine or cause harm to an Alinga Internet Solutions server or customer of Alinga is strictly prohibited.

Alinga will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Alinga will turn all available information about abuse incidents, including customer contact data, over to the proper authorities.

Examples of non-acceptable server abuse

Viruses – Trojan horse etc
Denial of service attacks
Phishing
Malware

Cancellation
Cancellations are processed by our Billing department. To cancel an account, submit your cancellation request to sales@alinga.com.au or lodge a support ticket on your toolbox. To expedite your request, be sure to include the following information:

Primary domain name on the account
Verification that you have downloaded a backup of all necessary files

Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspensionand/or deactivation without refund. Any accounts contained within Alinga’s network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. Our normal policy is a warning first,and account deactivation the second offense, but no warning is required.

CONTRACT OF SERVICE
Governing Law.
(a) This Contract is governed by the laws of Australia.
(b) The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia

Remuneration
(a) Customer agrees to pay Contractor the amounts as per quote
(b) Customer agrees to pay Contractor within the payment terms.
(c) Contractor retains all copyright until full payment has been made.

Contractor Warranties
The Contractor warrants that:
(a) it will deliver the Deliverablesand provide the Services in conformity with any specifications agreed to by the partiesand set forth in the Schedule of this Contract;
(b) it will provide the Services in a properand workmanlike manner;
(c) it possessand will deploy the requisite skillsand experience to provide the Services;
(d) it owns all Intellectual Property Rights inand to the Deliverablesand the resultsand/or outcomes of the Services other than Third Party Rights;
(e) the Deliverablesand the Servicesand the grant of any rights conferred on the Customer under this Contracts will not infringe the rights, including Intellectual Property Rights, of any person;and

Ownership of Intellectual Property
Contractor will use its reasonably best efforts to procure an assignment or license to Customer of all Third Party Rights embodied in the Deliverablesand the resultsand outcomes of the Servicesand will notify Customer if any such assignment cannot be obtained.

Customer Indemnity.
Customer shall indemnifyand hold harmless Alinga Web Media Design Pty Ltd from anyand all claims, damages, liabilities, costsand expenses incurred by Contractor as a result of any claim, judgment or adjudication against Contractor related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display or material provided by Customer to Contractor; or (b) a claim that Contractor’s use of the Customer Materials infringes the Intellectual Property Rights of a third party.

You expressly understandand agree that Alinga Web Media Design Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our services.

In no event shall Alinga Web Media Design Pty Ltd or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify Alinga Web Media Design Pty Ltd directorsand employeesand hold harmless from anyand all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs,and expenses including legal fees.

Marketing Material.
Customer hereby grants Contractor the right to use the nameand service marks of Customer in its marketing materials or other oral, electronic or written promotions which shall include naming the Customer as a client of Contractorand a brief description of the services provided hereunder. In addition, Customer grants Contractor the right to display its logoand a hyperlink to Customer’s website on Contractor’s website.

Date of Last Update.
This agreement was last updated on August 5th, 2016