The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by Hatched Designs to you. By purchasing services from us you agree to these terms.

1. GENERAL TERMS AND CONDITIONS

2.1. You will conform to the standards and acceptable use policies of Hatched Designs.

2.2. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.

2.3. Your personal information is treated in accordance with our Privacy Policy.

2.4. You will receive passwords to be used when you log into your User Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.

2.5. Hatched Designs Service Level Agreement in Section A (SLA) sets out the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it, unless you are a consumer in which case you have certain rights under the law if we fail to provide the Services to you.

2.6. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.

2.7. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.

2.8. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. Hatched Designs may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by Hatched Designs. These differing configurations may result in slightly different performance from the Services.

2.9. The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.

2.10. We will use good faith efforts to backup data stored on the shared Services once a day (Shared Backups). Shared Backups are intended for internal use only and we cannot guarantee that a Shared Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data los

We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to verify whether particular files will be, or have been, backed up.

2.11. We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it is an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.

2.12. When your account is activated, we may place an index page to which your domain points (Index Page). You may disable this Index Page at any time.

If you terminate the Services, your domain may be pointed to a suspension page (Suspension Page). This page may contain advertising. We shall retain any benefits associated with the Index Page and Suspension Page.

3. ORDERS

3.1. You may purchase Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.

3.2. You must be over the age of eighteen at the time you place your Order.

3.3. We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Screen.

3.4. We are under no obligation to deliver any Services other than those identified in the Order.

3.5. You shall provide to Hatched Designs, at your cost, any information, resources or facilities reasonably requested by Hatched Designs for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Hatched Designs.

4. PAYMENT

4.1. You are responsible for the charges set out on the Order, in the currency specified on the Order (Fees).

4.2. Invoices are due immediately upon receipt (Due Date). Hatched Designs reserves the right to suspend the Services until payment is made. Time for payment is of the essence. Domain name registration Fees must be paid in full before your domain name registration will be processed.

4.3. All Fees are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes and fees levied on the Services.

4.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Domain name registration Fees are not refundable.

4.5. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.

4.6. We do not offer refunds of any kind.

5. TERMINATION & CANCELLATION

Either party may terminate this TOS upon written notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to correct the breach within ten days following the other party’s written notice, or immediately, if the breach is incapable of cure.

5.1. Termination by Hatched Designs

Hatched Designs may terminate this TOS if (i) you fail to pay any sums due (including Fees) to Hatched Designs as they are due; (ii) in Hatched Designs reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) Hatched Designs determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or (iv) you violate this TOS or any agreement incorporated by reference.

We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.

5.2. Termination by you

You may terminate the Services at any time by emailing support@hatcheddesigns.com.au (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). Any outstanding balance will be payable.

6. TECHNICAL SUPPORT

Our technical support is available for all current customers and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.

If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.

To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.

It is your obligation to perform and store a backup of your data and files prior to requesting technical support. In the event that you are not satisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup.