(C) INVIDIA Corporation Pty Limited

ABN 72 071 316 517

Made in Australia

All prices in Australian Dollars and include GST

Terms & Conditions

Privacy Policy

GPO Box 2297

Canberra ACT 2601 Australia

1800 4411 499 | contact@invidia.com.au

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TERMS & CONDITIONS

YOUR AGREEMENT WITH INVIDIA

These terms and conditions were last updated on 14 October 2019:

General Terms & Conditions

Service Terms & Conditions

Acceptable Use Policy

Privacy Policy

 

General Terms & Conditions

1. The terms of your Contract

 

​1.1. These General Terms & Conditions apply to services provided by INVIDIA Corporation Pty Ltd (ABN 72 071 316 517) (INVIDIA, we, us, our) to you as a user and customer of our services (you, your, customer, user).

1.2. Your Contract with us for each Service is made up of:

 

a) ​These General Terms & Conditions;

​b) Any relevant Service Terms;

c) Our Acceptable Use Policy;

d) Our Privacy Policy;

e) Any third-party terms we notify you of during ordering or at any later time through our notice process (for example: Microsoft terms for use of Office 365).

1.3. The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.

1.4. We may change these terms by giving you notice of the change and/or posting new versions of any online terms on this page. If you continue to use the Service after the period of notice (see below), you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:

a) the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice;

b) the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other regulatory body), we will provide a reasonable period of notice not exceeding 3 days;

c) for all other changes, we will give you at least 30 days' notice.

2. Supply of Services

2.1. We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated in accordance with the Contract. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.

2.2. Monthly contracts will roll on a monthly basis without notice to you. Fixed contract period Services (other than a month-to-month contract) will automatically roll over for a further fixed contract period on the anniversary date.

2.3. If your fixed contract period Service is to be auto-renewed, we may notify you of, and provide you the ability to cancel the impending auto-renewal. Regardless of any reminder we may send, you must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or "do not renew" advice in time, we will auto-renew the Service to ensure it continues uninterrupted. Your Service will be renewed for the same duration at the then current applicable charges published on our website.

2.4. Nothing in the Contract transfers to either party any intellectual property rights ("IPR") owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for your business purposes.

3. Provision of Secure Access to INVIDIA Systems

3.1. You must keep all login details secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).

3.2. You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.

3.3. You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.

4. Your Obligations 

4.1. You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:

a) Responding promptly to our communications in relation to the Services;

b) Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.

4.2. You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.

4.3. You indemnify us from and against any and all liabilities incurred by us in connection with our:

a) Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; 

b) Compliance with any directions or instructions by you in relation to the provision of the Services.

5. Fees and Payment

5.1. You must pay us the Services fees as described and by the due date specified in any invoice sent to you or as required at the time of purchase. All subscriptions are payable on the invoice issue date. We may give you a 7 day grace period to remedy any payment issues and pay the outstanding amount before we suspend your Services. After suspension, we may give a further 7 day grace period to remedy any issue before we cancel your account and delete all your data, however we are not required to give you any grace period and this is done at our sole discretion. If your account is cancelled and your data deleted, there is no way to recover your data (website, emails, databases, etc) if you then settle your account and would like your Services restored.

5.2. Upon provision of a credit card, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems may automatically attempt to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. It is your responsibility to ensure your credit card details are kept up to date with us at all times.

5.3. Monthly, quarterly or bi-annual fees are paid in advance and are not refundable if your Service is terminated part way through a payment period.

5.4. Unless the Service Terms provide differently, and with the exception of the 14 Day Money Back Guarantee, if you terminate a fixed period contract (annual or longer) before the end of its term, you will be charged an early termination charge equal to 6 months' fees or the fees for the rest of the contract term, whichever is the lesser (Early Termination Fee). If you have prepaid fees for the fixed period contract and there is greater than 6 months remaining, on request, you will be refunded the balance of the prepaid fees minus the Early Termination Fee. Refunds are not available for domain name registrations/renewals or Microsoft Office 365 services.

5.5. Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made, including an administration fee of $25.00 to unsuspend your Services.

5.6. If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.

5.7. Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.

6. Termination

6.1. Either party may terminate this Contract immediately by notice in writing to the other party if:

a) the other party commits a material breach which cannot be remedied, of its obligations under the Contract;

b) the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 7 days of being required to do so in writing by the first party;

c) an insolvency event occurs with respect to the other party.

 

6.2. If we terminate a Service for a reason set out in 6.1, we shall also be entitled to immediately cease any of our other Services to you and any outstanding unpaid debts will remain due and payable to us.

6.3. If you wish to terminate your account, you must do so by completing the online cancellation form or giving us written notice, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. We will not accept verbal instructions to terminate an account. A confirmation email will be provided by us and this email will be the only proof of cancellation that will be accepted by us. We will complete the cancellation request to your service at the first available opportunity, however we will acknowledge the date of lodgement of the cancellation request as the date of cancellation.

6.4. Where the Contract does not state expressly that the Services are to be provided for a minimum fixed period or, following the expiry of such a period if specified and where renewal of a further fixed period has not occurred, either party may terminate the Contract on 30 days' written notice to the other, otherwise Early Termination Fees will apply as set out in 5.

7. 14 Day Money Back Guarantee

7.1. Only new purchases (excluding renewals) of the products listed below are eligible to participate in the 14 Day Money back Guarantee program. Products and Services covered by the Guarantee, are:

a) Cloud Hosting;

b) cPanel Hosting;

c) VPS.

7.2. In order to claim a refund:

a) You must send an email to helpdesk@invidia.com.au within 14 days from the date that the service was provisioned as defined by the invoice creation date. You will then be provided with an acknowledgment receipt with a unique identification number. If you do not receive the acknowledgement receipt, your request has not reached our system and you should either resend your email or call us immediately.

b) Upon receipt, the request will be vetted for eligibility. If the request is determined to be ineligible, the request will be treated as a standard cancellation.

c) If the request is deemed eligible, you agree to provide us 14 days to resolve any issue you may have with the Service. If you remain dissatisfied with the outcome at the end of the consultation process, we will provide a full refund of the Services fees.

d) Refunds will be made to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.

7.3. The 14 Day Money Back Guarantee does not apply if the Service has been:

a) discounted by greater than 9% from the normal published web prices;

b) upgraded within the past 3 months, irrespective of whether a pro-rata credit was applied or not.

7.4. Should the Service purchased be part of a product and/or service bundle that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee and the remaining product and/or service in the bundle will be upgraded to the non-bundle price.

8. Warranties

8.1. If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.

8.2. We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.

8.3. You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.

8.4. All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.

8.5. If any goods or services supplied pursuant to this agreement are supplied to you as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation ("the Acts"), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:

a) in relation to goods - the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;

b) in relation to services - the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.

9. Liability

9.1. Nothing in the Contract excludes or limits either party's liability under or in respect of:

a) Any indemnity;

b) Any fraud or other criminal act;

c) Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party;

d) Any other liability that cannot be excluded by law.

 

9.2. To the maximum extent permitted by applicable law, neither party is liable for:

a) any indirect, special or consequential loss or damage, any loss of profit, revenue or business opportunities, loss of or damage to data or loss of goodwill arising out of or in connection with the Contract (whether or not the loss or damage may reasonably be supposed to have been in the contemplation of the parties as at the date the Contract was formed as a probable result of any act or omission);

b) any loss or damage to the extent such loss or damage is caused or contributed to by the other party's negligence, breach of contract or other wrongful acts or omissions;

c) any claim made 3 months or more after the circumstances giving rise to the claim first became known by the claimant or could, with reasonable diligence, have become known by the claimant.

 

9.3. Each party's aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 9 is limited to the charges paid by you in respect of the Services for the preceding 3 months to any such claim.

10. General

10.1. Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served three days following the date of posting.

10.2. Neither party may assign its rights or obligations under this Contract without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Contract to a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Contract relates.

10.3. We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.

10.4. The Contract is to be interpreted in accordance with the laws of the Australian Capital Territory.

 
 

Service Terms & Conditions

1. Domain Name Registration Agreement

 

1.1. Registration Agreement

 

a) This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of a domain name to INVIDIA for the purpose of becoming the licensee of a particular domain name.

b) This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.

1.2. Rules of Registration

a) A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.

b) We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

c) Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

d) We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

e) You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active until we are instructed to cancel such services.

f) The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.

Disputed outbound domain transfers from INVIDIA incur a $56.00 AUD administration charge invoiced to the gaining account. This charge is not applicable for domains transferring for the purpose of ordering other INVIDIA services.

1.3. TLD Specific Terms

The following provision apply to this Registration Agreement depending on the TLD space of the domain name.

 

a) .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be 2 to 63 letters in length. Words can be separated by hyphens (dash) but not spaces. 

b) .org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents. Additional documentation, such as articles of association will be required during the verification stage.

c) .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant. 

d) .com and .net domain names are not restricted and can be registered by anyone. 

e) .biz, .org and .info domain names are not restricted and can be registered by anyone. 

f) New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please contact us for further information if you are not sure. 

g) .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them - there are no restrictions on .nz domain names. 

h) .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them - there are no restrictions on .uk domain names. 

i) .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.

j) .cn domains can no longer be registered in Australia.

 

The above information is for reference purposes only and is not a complete list of domain types. 

1.4. ICANN Mandated Terms and Materials

 

INVIDIA through its wholesale TPP partner is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:

 

Mandated Provisions for gTLD Domain Name Registrations

Registrants Benefits and Responsibilities

2. Domain Privacy Services

 

All whois privacy applications are subject to the relevant requirements and policies of Domain Privacy Services and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred.

 

3. Domain Backorder Services

 

3.1. A Domain Backorder service means a request by you to INVIDIA for a domain name that is not available for public registration at the time the back order request is submitted, but which we will monitor, and if and as the domain selected becomes available for public registration, INVIDIA will attempt to register it on your behalf.

 

3.2. Domains will only become available if:

 

a) They are not renewed within the specified policy framework for the relevant domain space and are purged by the Registry; or

b) The registry is specifically instructed by the domain owner, or a relevant authority to delete the domain.

3.3. By entering into a domain back order service on any domain you agree and understand that:

a) The domain may never become available for public registration at any time in the future and that INVIDIA has made no warranty or representation express or otherwise that we will be able to register your back order requested domain at any time;

b) You will not hold us liable in any way whatsoever if we are unable to register your back order requested domain name;

c) Domain back order fees are not refundable at any time, including should we not be able to register your back order requested domain name if and as it becomes available for registration;

d) A selected domain name shall be registered using the Registrant details supplied at the time the back order agreement is entered into by the respective parties. These Registrant details are not able to be subsequently modified or otherwise changed;

e) Should any domain name be registered via the back order service, the cost of that registration is not included in the back order fees and charges that have been paid as part of the defined service;

f) Domain back orders are accepted on a first come, first served basis. Any duplicate (or multiple) applications will be prioritised in the chronological order of acceptance of those orders. INVIDIA will not at any time disclose the acceptance or priority of competing orders;

g) The domain back order service is an ongoing annual service commitment, and will incur a specified annual fee. INVIDIA shall continue to monitor and otherwise attempt to register a back ordered domain until such time as you cancel this service using the prescribed method of service cancellation. You can terminate the agreement at any time, on the basis that prepaid service fees are non-refundable.

4. Web Hosting and Email

 

4.1. You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 11c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms from invoice. INVIDIA will provide an online interface allowing authorised users to monitor website data traffic.

 

4.2. The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository. Other services such as Dropbox or OneDrive are more suitable for such file storage use.

 

4.3. Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

 

4.4. For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

 

4.5. For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

 

4.6. All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited.

This includes but is not limited to:

 

4.7. Running standalone, automated server-side processes including, but not limited to any daemon;

 

a. Running any bit torrent application, tracker or client;

b. Participating in file sharing or other peer to peer sharing activity;

c. Executing any script for longer than 180 seconds;

d. Executing any database query that takes longer than 30 seconds to complete;

e. Specifying cron tasks that execute more frequently than every 300 seconds.

4.8. For any service plan that includes "Professional Email" powered by Microsoft Office 365, the following terms apply:

4.8.1. Professional Email comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service.

 

4.8.2. You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.

 

4.8.3. We will setup and provision your desired email address mailboxes (Mailboxes) on the Service using the Supplied Domain Name and notify you once this has completed. If you wish to add or remove Mailboxes from the Supplied Domain Name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to 3 business days to process. Additional charges may apply to add Mailboxes to your Service. 

 

4.8.4. You acknowledge and agree that due to technical limitations, the Supplied Domain Name will be configured to operate exclusively with this Service and cannot be used with any other email hosting facility.

 

4.8.5. This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.

 

4.8.6. We will provide you with technical support resources to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.

 

4.8.7. You acknowledge you have read and agree to be bound by:

 

a) the Microsoft Online Services Terms;

b) the Microsoft Service Level Agreement;

c) any other terms by Microsoft related to this Service;

which are incorporated into these Service Terms and/or Microsoft's terms.

4.8.8. You warrant that:

 

a) you have all necessary rights to any software, services or data you may use with this Service;

b) your access and use of this Service will not infringe any applicable laws or regulations or third party's intellectual property rights.

4.8.9. You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.

 

4.8.10. You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms

5. Website Design Services

 

5.1. You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

 

5.2. You are responsible for keeping a copy of any existing website which we may replace pursuant to the provision of web design services including all databases and hosted files. INVIDIA can provide an archival solution for the existing website at our standard professional services rate of $150 per hour inc. GST.

 

5.3. We are not responsible for the contents of any website we design for you, and upon publication you must satisfy yourselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. INVIDIA is similarly not responsible for your subsequent use of the website and your compliance with relevant commonwealth and state legislation.

Additional Terms for Tailored Websites

 

5.4. All website content must be provided by you within 1 calendar month of deposit invoice (project commencement). If your data is not supplied within 1 month, INVIDIA reserves the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees and/or forfeiture of any deposit you have paid.

5.5. You must provide complete feedback within 14 days during design concept and production review. If no feedback is provided within this time, INVIDIA reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard professional services rate of $150 per hour inc. GST.

5.6. You may request an Administrative Hold of your project for up to 6 months at a cost of $200. We will stop working on the project until you advise us that you are ready to move forward. If the project is placed on hold for more than 6 months, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

 

5.7. If you change your mind and are unhappy with your site design, you may request additional layout concepts, at a cost of $350 inc. GST per layout, with full payment required upfront.

5.8. Once your website has been published, INVIDIA will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard professional services rate of $150 per hour inc. GST, unless your hosting package includes free changes and these have not been used up in the current calendar month.

 

5.9. For website builds including open source third party CMS applications (such as Wordpress, Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. INVIDIA can provide an on-demand patching/upgrade service for any such application at our standard professional services rate of $150 per hour inc. GST.

5.10. INVIDIA warrants that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. INVIDIA cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.

 

5.11. If training is required once the website is complete this is charged at $150 per hour inc. GST for online training via Skype or $450 per hour inc. GST (minimum 4 hours) for face to face training in the INVIDIA offices in each Australian capital city.

Web Design Package Hosting Plans

5.12. Each web design package includes a hosting plan which is provided under a 2 year contact term from the date of the first hosting invoice and then renewed under a 12 month contract term thereafter. Early cancelation of the hosting service will require you to payout the remaining contract term as the Early Termination Fee.

 

5.13. Each web design package hosting plan includes a number of free content updates per month. Unused monthly updates do not roll over into next month and expire at the end of each billing month. Free monthly updates are for content changes only and do not include extra new pages or changes in navigation or the website structure. The number of included free monthly updates included in each plan can be seen on our website.

 

5.14. Economy hosting plan website may not exceed the equivalent of four standard A4 pages in length. Deluxe and Premium plan websites may not exceed the equivalent of three standard A4 pages in length per page.

 

5.15. Apps and other integrations may have there own costs and are not covered in our plan prices. We will provide you with quotes for any such optional extras during the quoting and/or design stages once we understand your requirements in more detail.

5.16. Publication of Website

a) We'll provide you with an opportunity to review the final built website, and provide us with any minor revision requests or approve the website. If the website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet to the domain name you have provided. The publication of the website completes our obligations to you under these Service Terms, other than in respect of (i) our ongoing relationship as a service provider for the website hosting and email components of the Service, and (ii) the ongoing support of that website (subject to your payment of ongoing monthly fees for the Service).

b) You agree you are solely responsible for the backup of any databases, website files or information which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your website.

5.17. This clause is left blank intentionally for future use.

 

5.18 Intellectual Property and Copyright

a) You are solely responsible for ensuring that you have all appropriate rights and licenses to the content supplied and utilised in the website. All content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. We will provide you with a Dropbox link to upload all your files electronically and you should avoid send your files to us via email. We reserve the right, in our sole discretion, to refuse to use any content we believe is objectionable or may infringe upon the intellectual property rights or copyright of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any content to you, and you are responsible for maintaining backup copies of all submitted content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your content.

b) INVIDIA claims no ownership over your content. You expressly grant us, and our suppliers, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the website (including all your content). You agree that any such caching is not an infringement of any of your intellectual property rights, copyrights or any third party's rights.

c) Additionally, you grant us, and our suppliers, a worldwide, perpetual, royalty-free, and sub-licensable license to:

i. use in connection with producing the website and delivering the Service, any content and any pictures, images and voice and video recordings of the facilities, properties or products or its employees, agents or clients where created by us (or our suppliers in the course of provisioning the Service (for clarity, also "content");

ii. create, publish and use screenshots or depictions of your website (including any content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service in which the website (including any content) is featured). You may withdraw consent to this use by notifying us in writing at helpdesk@invidia.com.au and we will take reasonable steps to process your removal request.

d) You represent and warrant that:

i. you have full rights to use, broadcast and distribute the content and documentary substantiation for all the claims made therein;

ii. Content is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any party;

iii. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party;

iv. you will not use the Service except as permitted by these Terms.

e) You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our suppliers) under these Terms.

f) To the extent your website contains any copy, images (including logos or photos), or any other content or material from our content Library (Library Material), then we grant you a royalty-free, non-exclusive, revocable, worldwide license to these, for the term of the Service to:

i. use such Library Material on your website;

ii. use and create derivatives of your website (which includes Library Material) in connection with advertising activities relating to you.

g) Other than permitted under clause 5.18(f), you may not copy, modify, distribute, decompile, sell, rent, sublicense or translate any Library Material or grant any other person or entity the right to do so. Ownership of all Library Material shall remain at all times us or our suppliers (or any relevant third party).

h) Any websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property, copyrights or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential rights issues which may arise from your use of the Service (including without limitation the use of content or Library Material in your website).

i) We are not responsible for any content contained in your website, nor are we responsible for your use of the website. You are solely responsible for ensuring your website complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.

j) Your access to, and continued use of, the website is contingent upon, and at all times subject to, payment of the monthly hosting fees for the Service. Except as otherwise expressly stated in these Terms, no other rights, titles or interests in the website are granted to you.

5.19. Indemnity

 

a) You agree to indemnify and hold harmless INVIDIA, and its suppliers, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to:

i. content or your modification, display and use of the website;

ii. claims that your products or services are defective, injurious or harmful or violate the rights of any third parties;

iii. claims relating to any gateway; and

iv. claims predicated on a breach by you of these Terms or the Contract.

5.20. Cancellation and Termination

 

a) You may cancel the Service at any time upon written notice to us. Cancellation will automatically terminate (i) all access to the website, and (ii) the website hosting and email components. Cancellation of the Service will not result in cancellation of any other associated INVIDIA services (eg. Third party email services such as Office 365, SSL certificates etc.). Refunds do not apply for cancellations under this clause 5.20(a).

b) On cancellation or termination of the Service, all licenses granted to you under these Terms shall immediately terminate.

c) In addition to any other obligation in these Terms, upon cancellation or termination of this Service, we may delete all data, including any content, files (including, without limitation, email mailboxes and databases, if applicable) from our systems (including any storage media) without any liability to you whatsoever.

d) To be clear, it is your responsibility to download and backup all content, files, databases, emails, etc., from your hosting account before requesting cancelation of the Service.

5.21. Definitions

Content means any logos, pictures, slogans, art, Customer Data and other materials provided to us in connection with the Service, or which are uploaded/added by you directly through your use of the Service.

 

Content Library means a repository of pre-produced photos, images, logos, videos and other materials (which may include licensed third party materials from stock website services and other sources).

Customer Data means all information regarding you (including without limitation any listing details, trade name, trade address, phone number, website address, contact information (including telephone, email or other), primary email address(es), contact name etc.) and payment details provided by you in connection with the Service.

6. Search Engine Optimisation Services

 

6.1. Whilst we will try to improve the position of your website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.

 

6.2. We cannot be held responsible for any changes to the position of your website in the Search Engines results pursuant to the provision of search engine optimisation services by us.

 

6.3. By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our Link Building program. You are responsible for reviewing these changes and advising us to remove any which you deem are not suitable. We will endeavour to remove any links you nominate within 3 business days.

6.4. The sale of search engine optimisation services are final, and no refunds or credits are available upon commencement of the work.

 

6.5. The Traffic Accelerator program can be placed on hold for up to a maximum of 3 months. Beyond this point billing will resume as per the original outlined billing period / fee. If you wish to place the program on hold for a period that exceeds 3 months, then you will need to cancel and re-subscribe at a later date.

 

6.6. For The Traffic Accelerator Pro service, implementation of search engine optimisation recommendations are included in the service fee. Changes to the website that have not been recommended by an Online Marketing Consultant are not included in the service fee and may attracted an additional charge at our standard professional services rate of $150 per hour inc. GST.

 

7. Search Engine Advertising Services

 

7.1. We will use best endeavours to spend your monthly advertising budget responsibly. Fluctuations in search traffic mean we cannot guarantee it will always be spent in its entirety. Underspend from one month will be rolled over into a future month.

 

7.2. We do not offer refunds or credits for other services of your unspent monthly budget.

 

7.3. The monthly Adspend budget you have agreed to will be charged each month in advance, regardless of actual Adspend in the previous month. You may vary this plan up or down in advance, without penalty, to suit your marketing needs. This cannot be varied after billing has commenced for the period and any variation will apply to the next period if you have advised us of the variation to the Adspend budget at least 3 business days before the start of the next period.

7.4. Whilst we follow best practice to bring qualified traffic to your website, we do not guarantee that search engine advertising services will increase third party traffic to your website or that such traffic will increase business sales or enquiries.

 

7.5. Setup fees for PPC Setup, Management, Adspend and Landing Pages are payable in advance automatically by credit card. Setups and Ads will not commence serving until the appropriate invoicing is paid in advance.

7.6. Payment plans are not available and invoicing is not retrospective. All advertising services are prepaid.

 

7.7. The customer authorises their credit card to be debited with Management Fees (initial contract period as a lump sum, then monthly, in advance) and Adspend each month, monthly in advance. The customer authorises INVIDIA to debit their credit card with such account charges and fees as are due and payable at that time. Using this as authority until the agreed service is cancelled.

7.8. Termination. Should you wish to suspend the service after the initial contract period of 12 months, it must be cancelled via your Console account at least three (3) business days before the end of the current monthly billing cycle, otherwise the agreement will roll on a monthly basis. The standard monthly billing cycle starts on the day that your Ads commenced serving. Instructions in relation to the operation of the Search Engine Advertising services, from the customer to INVIDIA will be by way of logging in to your Console account at: https://invidia.partnerconsole.net/ and no verbal instruction system will form an amendment, alteration, direction or consent in any matter. No refund or credit for other services will be provided for any outstanding days of Management or Adspend for the remainder of the current monthly billing cycle.

 

7.9. We do not manage Google AdWords inside existing accounts. If you have an existing AdWords account, we will suspend it at the same time as your new account goes live. It can take Google some weeks for billing on your original account to be finalised.

 

7.10. As a Google AdWords Premier SMB Partner, INVIDIA will abide by Google AdWords Third Party Terms, thus ensuring the media spend will be spent on behalf of you the customer.

 

8. Virtual Private Servers (VPS)

 

8.1. You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.

 

8.2. You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $22/GB to the nearest whole GB.

 

8.3. The following activities are expressly prohibited:

 

a) Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;

b) Running standalone, automated server-side processes including but not limited to any daemon;

c) Running any bit torrent application, tracker or client;

d) Participating in file sharing or other peer to peer sharing activity;

e) Executing any script for longer than 180 seconds;

f) Executing any database query that takes longer than 30 seconds to complete;

g) Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels for VPS (not applicable to Cloud and cPanel hosting plans)

 

8.4. INVIDIA warrants that your uptime availability will be at least 99.9% except where failure results from:

a) Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;

b) Your act or omission or that of a person under your direction or control;

c) scheduled maintenance completed within the planned maintenance window;

d) a requirement, direction or any other order issued by an authority with jurisdiction over the service;

e) unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

8.5. The uptime service level is not met if:

a) Router packet loss is in excess of 50% and is sustained for 120 seconds or more;

b) Latency across the our network exceeds 300 milliseconds, for longer than 300 seconds.

8.6. As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

 

Outage (in hours) / Service Credit (percentage of monthly fees)

<0.7 – 7.2 / 0%

<7.2 – 14.4 / 10%

<14.4 – 21.6 / 20%

<21.6 – 28.8 / 30%

>28.8 / 40%

8.7. Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.

 

8.8. At your request, INVIDIA will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If INVIDIA reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense at our standard professional services rate of $150/hour inc. GST.

Support Services

 

8.9. Your service is defined as "unmanaged" unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to patching, updates, additional software installations or integrations.

 

8.10. Your obligations include:

 

a) Documentation and prompt reporting of all errors or malfunctions of the hardware or operating system software to us;

b) Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore the operating systems to the original configuration and you will be responsible for restoration of your applications and data.

c) Maintaining security of your network and applications;

d) Performing the role of "system administrator" which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

8.11. You acknowledge:

 

a) Microsoft Windows and Linux operating systems together with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular purpose;

b) Technical support is limited to hardware and network failures, unless you have acquired VSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of 4 hours at our standard commercial rate of $150/hour inc. GST.

8.12. We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

 

9. The Web Security Product Suite

 

9.1. These Terms apply to Website Security Services and Website Hardening Service.

 

9.2. The Website Security Service will remotely review your website on a defined periodic basis and look for known signatures of vulnerabilities, including but not limited to malware and virus infection, defacement, folder and directory insecurity. It will attempt to, where possible, remove inserted code and restore your site to a non-compromised position without adversely affecting the core operation or content of the website, and will provide a report of both identified issue(s) and remedy.

 

9.3. The Website Hardening Service will remotely monitor your website on a defined periodic basis and search for any both known exploits, and for signatures of unknown exploits. It will actively monitor installations of common open source CMS applications including Joomla!, Wordpress, Drupal and Django to ensure the base application is patched to the latest stable version and that common plugins for these applications are also secured to the latest patched versions, and that any other critical updates are identified and applied. It will also monitor known databases available on the public Internet to identify any adverse reputational listing including listing in blacklists and will also monitor the .htaccess file on the website to identify any common exploits to this file.

 

9.4. You understand and agree that we are unable to provide any warranty as to the efficacy of the products and that:

 

a) The product only identifies the results of a hack or other vulnerabilities. It specifically does not identify the cause or vector by which the site was compromised. The product does not offer any patching or other modification to website code to prevent a subsequent event from occurring;

b) The product will attempt to remove any and all code identified as having been inserted into the site by an unauthorised party, however no guarantee is provided as to either the identification of all such inserted material, nor the removal of all material;

c) The product offers no guarantee that once the site has been patched or otherwise remediated either wholly or partially that subsequent hacking will not occur at any point in the future, or that any attempted remediation will be successful.

We will make every reasonable endeavour to identify any malicious code inserted into your website, however provide no guarantee that every possible hack can and will be identified;

d) You use the service at your own risk and that you will be solely responsible for any damage to your software, websites and data.

9.5. We will use all reasonable endeavours to either identify, remedy, otherwise secure or take all remedial actions for your website depending on the product that you have subscribed to. In the event that we are unable for any reason to identify or clean, or remediate in any way a compromised or infected website, your sole remedy is the 50% refund of the current month service fee paid by you to monitor or otherwise remediate your website.

10. SSL Certificates

 

10.1. Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

 

10.2. INVIDIA provisions digital certificates via the Certification Authority (CA), Geotrust, Trustwave, Comodo and others. All certificates must be purchased from INVIDIA and you agree you accept the relevant terms and conditions of the CA which will be provided at the time of your certificate order request.

Acceptable Use Policy (AUP)

1. Unacceptable Uses

 

Breach of Law

 

1.1. You must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law, order or regulation (including a foreign law, order or regulation). These include:

 

a) Actual or possible damage to property or injury to any person, including harassment, menace or stalking of a person;

b) Publishing, downloading or transmitting any Prohibited Content or Potentially Prohibited Content. This includes content which is or would be classified RC, X18+ or R18+ by the Classification Board;

c) Publishing, downloading or transmitting Restricted Content, that is content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content;

d) Publishing or transmitting material which incites discrimination, hate or violence towards a person or group because of their race, religion, gender, sexual orientation or nationality; or which is obscene or defamatory, or which would be considered by a reasonable person to be, offensive or abusive;

e) To engage in any misleading or deceptive business or marketing practice;

f) Providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

g) Infringement on the rights of a third party including intellectual property rights, copyrights and moral rights.

Impeding our Services

 

1.2. You should not use our Services in such a way that impedes our supply of services to other customers including:

a) making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;

b) undertake acts that waste resources or prevent other users from receiving the full benefit of our services;

c) manipulating or bypassing our content or resource usage limits;

d) undertake activities which cause or may cause third party service providers to place INVIDIA or our suppliers IP addresses on a blacklist and/or block those IP addresses;

e) soliciting subscribers to become subscribers of other competitive services.

Spam and Malware

1.3. You must not use our Services, attempt to use our Services or allow our Services to be used for spamming or malware including:

 

a) send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;

b) providing a capability on a site which permits third parties to send spam;

c) In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;

d) To access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

e) To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.

1.4. You agree to INVIDIA's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

 

2. Complaint Procedure

 

2.1. From time to time, we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers.

 

The complaint process set out here does not apply to complaints that are the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.

 

2.2. If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your contact details for the purposes of resolving such disputes.

 

3. What We May Do to Ensure That This Policy is Being Followed

 

3.1. We may monitor your account to determine our AUP is being followed but will respect your privacy.

 

3.2. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:

 

a) warn you by email (but we are not obliged to do so);

b) suspend your access to the Service;

c) terminate your account without notice; 

d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

3.3. We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

 

a) where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party's rights;

b) if we are directed to do so by the ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);

c) if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

3.4. You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end users arising out of our actions.

Privacy Policy

INVIDIA respects your privacy and is committed to its protection. We are bound by the Australian Privacy Principals of the Privacy Act 1988(Cth).

 

This privacy policy explains why and when we collect your personal information, and what use we make of that information. The policy also explains where and why your information may be disclosed to third parties, and the security measures used by INVIDIA to help protect your personal information.

 

Why and when INVIDIA collects your information

 

INVIDIA collects the information you give us either online or by email, post, facsimile, face to face, over the phone or through our partners. In most cases, the personal information INVIDIA will collect from you is the personal information required in order to provide services to you, and also for ongoing management and support of those services. This information may include your full name, mailing address, phone number, email address, ABN, facsimile number and other relevant additional details. We also collect your payment details such as your credit card number or bank account details.

 

INVIDIA makes limited use of cookies and web storage on this website. A cookie is a small message given to your web browser (on the device you are using) by our web server in order to store information about user preferences. We also use cookies to track your interaction with our website, personalise your experience on our website and provide information on our product offerings through content networks across the internet (such as tailored advertising to you). HTML5 web storage is similar to a cookie, but allows enhanced functionality and capability of data storing and use when you utilise our website. You always have the option to disable cookies and/or HTML5 web storage by turning them off in your browser but you may find that this reduces the functionality of our website. Additionally, you can install a browser add-on and opt-out of interaction recording which will limit this tracking functionality and opt-out of tailored advertising programs.

 

How INVIDIA uses your information

 

We collect and use your personal information to deliver our services to you. This will include provision to you of sales and technical support, billing and credit control, renewal notices, maintenance notices, system changes and other functions relevant to your services with us.

 

As a domain name registrar, we are required by ICANN (the Internet Corporation for Assigned Names and Numbers) to make available the personal information we collect from you when you apply to register any generic top level domain names (eg., com, net, org, biz, info and name) to the public on a publicly accessible database known as the WHOIS database. This obligation also applies to some of the country code top level domains including the .au domains.

 

The public policy behind this requirement is that the personal details of domain name licence holders should be freely available to all other users of the Internet. This public policy is adopted by the domain name industry as a whole. The requirement means, however, that INVIDIA will not be able to control how members of the public may use the information made available on these publicly accessible databases.

 

In addition, ICANN has another mandatory requirement that all its accredited registrars make the WHOIS database of personal information for com, net and org available for bulk downloads by third parties who have entered into a bulk access agreement with ICANN.

 

We may use your information to measure your experiences of our products/services/website, improve or develop our products/services/website, perform research and analysis, and contact you for marketing purposes (including but not limited to new products, services, promotions, give-aways, via email, telephone and SMS). If you do not wish to receive any marketing communications from INVIDIA, you may opt-out and stop the delivery of future promotional material from INVIDIA by following the special instructions in the email you receive or manage your communication preferences. These instructions will tell you how to remove your name from our promotional list.

 

We may monitor and/or record telephone conversations with you in order to facilitate staff training and to maintain our high levels of customer service. We will always inform you prior to any telephone conversation which is monitored and/or recorded in this way and you will have the option to terminate the call at any time.

Where you purchase a digital certificate through us, we are required by the issuer of those certificates to collect personal information from you to pass back to that issuer (other than your payment details, which we hold internally).

Disclosure of your information to third parties

 

We may supply your personal information to third parties to perform services on our behalf, such as:

 

a) the supply of web hosting, website design, SEO and other services;

b) help desk, call centre sales and support services (in Australia, the Philippines, Signapore, the USA and occasionally other places where INVIDIA and our third-party partners may operate in different locations and time zones).

Our relationships with third parties are governed by our contracts with them. Those service contracts contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations.

 

Accuracy / Access

 

You may access and update the personal information we provide to the registries in respect of your domain name licence at any time. The procedure to do this is explained in our support articles.

 

If you believe that INVIDIA may hold other personal information about you that is inaccurate, or you wish to change or update any of the personal information you have provided, and INVIDIA has not given you a secure online self service method to update this information, then please email helpdesk@invidia.com.au and your request will be forwarded to and reviewed by our Privacy Officer.

Security

 

The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to INVIDIA.

 

At INVIDIA we treat your data with the utmost security and use a range of technologies and policies including encryption, firewalls and access controls and restrictions to ensure that your data is secured not only from access and visibility but also from unauthorised alteration or erasure.

You can also use simple precautions to help protect your security, such as protecting against the unauthorised use of your username or password or other authentication ID.

 

INVIDIA strongly recommends that customers enable two-factor authentication with all of our services that offer this as a security option.

Changes

 

INVIDIA may make changes to its privacy policy from time to time. Any changes will be reflected here.