All of our Terms, Policies and Agreements are binding and represent the entire agreement unless otherwise specified.
Use of our services and products constitutes acceptance of these terms & conditions.

Sale Terms and Conditions

Effective 1st November 2016.

1.  Definitions

1.1  In this document, unless the context requires otherwise:
“Sean White Digital Marketing”, “We”, “Our” or “Us” refers to “Sean White Digital Marketing”, ABN 8453 876 5055.
1.2  “Customer”, “Client” “You” or “Your” refers to the person or legal entity using the services and products provided by Sean White Digital Marketing.

2.  General

2.1  Your use of our services and products constitutes your acceptance of our Sale Terms & Conditions and Acceptable Use Policy.
2.2  We reserve the sole right to modify these terms at any time and will inform you of these changes by posting the amended terms on to our website.
2.3  Changes to these terms will become effective upon publication of the notice.
2.4  If you use any service or product after publication of any change to these terms, your use constitutes full acceptance of the amended terms.
2.5  The agreement made between us on these terms commences on the date we accept customer’s application for the services or products.
2.6  Acceptance of customer’s application for services or products is deemed to be the date we creates customer’s account on its computer systems for use by customer or upon customer payment for services or products.
2.7  Services and products are provided on an “as is, as available” basis. We give no warranty, express or implied, for services or products provided.
2.8  We may vary these terms, our pricing for any service and products, or the terms of the operation of the service, by email or in writing. All changes will become effective upon publication of the changes.
2.9  The products and services available for sale under these Sale Terms and Conditions are only available to individuals or legal entities who can make legally binding contracts. By placing your order you affirm that you are able to make a legally binding contract with us.
3.0  This agreement is governed by the laws in place in the State of Victoria, Australia.

3.  Service

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

4.  Payment

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

5.  Satisfaction Guarantee

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

6.  Customer Warranties and Indemnities

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

7.  Our Warranties and Liabilities

7.1  We do not warrant that:
a.  the services or products provided under this agreement will be uninterrupted or error free;
b.  the services or products will meet your requirements, other than as expressly stated in this agreement; or
c.  the services or products will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to our services or systems.
7.2  Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
7.3  Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Sean White Digital Marketing implied by the Goods Act, 1958.

8.  Termination

8.1  The customer may terminate the web hosting services provided by us in accordance with our Satisfaction Guarantee or at any time by giving seven (7) days written notice. Refunds are only available if we receive the cancellation request in writing within seven (7) days of the initial purchase date for the services you are wishing to cancel. Under no other circumstances are fees refundable.
8.2  We may end our agreement with you and cease providing services or products for any reason deemed by us, without written notice to you.
8.3  If your account is closed you must pay all outstanding charges immediately and we may delete all customer data from any storage media.

9.  Agreement

9.1  You agree that the above Sale Terms and Conditions constitute the full and complete understanding between us and you, the customer, of the obligations and responsibilities of both parties to the other.

Acceptable Use Policy

Effective 1st November 2016.

Sean White Digital Marketing has developed this Acceptable Use Policy (AUP) to promote the integrity, security and reliability of our services and ensure that you have due regard to the law and the needs of other users. You will be held responsible for your use, the users of your systems, and in the case of resellers, any third party use.

1.  Definitions

1.1  In this document, unless the context requires otherwise:
“Sean White Digital Marketing”, “We”, “Our” or “Us” refers to “Sean White Digital Marketing”, ABN 8453 876 5055.
“Customer”, “Client” “You” or “Your” refers to the person or legal entity using the services and products provided by Sean White Digital Marketing.

1.2  “Spam” means:
(a)  commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);
(b)  sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and
(c)  delivered via electronic means, such as for example: email, discussion groups, fax, SMS, MMS and electronic chat messages.

2.  General

2.1  Your use of our services constitutes your acceptance of this policy.
2.2  We reserve the right to modify this policy at any time without notice and post changes to this Acceptable Use Policy on our website.
2.3  Changes to the AUP will become effective upon publication of the notice.
2.4  If you use any service or product after publication of any change to the AUP, your use will constitute acceptance of the amended terms.

3.  Acceptable Use

3.1  Use of our products and services must:
a.  Comply with all current laws and regulations, including but not limited to, regulations relating to copyright, license agreements and patents
b.  Comply with our Sale Terms and Conditions
c.  Comply with our service limits, as specified with each hosting service offered by us.

4.  Unacceptable Use

4.1  By way of example, and not limitation, the following acts are expressly prohibited. The services should not be used in any way which in the opinion of us:
a.  Violates local, state, federal, or International Law;
b.  Could be considered threatening, nuisance, obscene, indecent, defamatory, threatening or that could otherwise adversely affect any individual, group or entity.
c.  Is, or could be considered, deceptive or fraudulent practice.
d.  Infringes on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
e.  Are designed to violate this AUP, which includes the facilitation of the means to spam by advertising, transmitting, or otherwise making available any software, program, product, or service, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
f.  Breaches, or has the potential to breach, the anti-Spam laws in place in Australia.
More information on Australia’s Spam legislation can be found at www.acma.gov.au/Industry/Marketers/Anti-Spam/
g.  Where the “From” or “Reply To” email address is managed by us, or any such actions which we deem to potentially compromise or adversely affect service standards.
h.  Promotes deceptive and or illegal marketing practices, products or services
i.  Deliberately transmits computer viruses, worms, trojan software, or other malicious programs.
j.  Interferes with, disrupts, or denies service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
k.  Attempts to gain authorised entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on someone else’s site or network.
l.  Attempts to circumvent host or user authentication or other security measures of any host, network or account.
m.  Maintains an open email relay/open data relay or allowing any data to be sent through one’s system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
n.  Manipulate or bypass our usage limits.
o.  Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you.
p.  Make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other customers.
q.  Undertake acts that waste resources or prevent other users from receiving the full benefit of our services.
4.2  The following acts are expressly prohibited in relation to our mail services:
a.  Harassment including, but not limited to, language, frequency or size of messages.
b.  Unauthorised use, or forging, of mail header information.
c.  Solicitation of mail for any other E-mail address other than of the poster’s account or service with the intent to harass or to collect replies.
d.  Creating or forwarding “chain letters” or other “schemes” of any type.
e.  Infringement of mail service restrictions as defined by your services stated limits.
f.  Undertake activities which cause or may cause third party service provides to place our IP addresses on a blacklist and/or block those IP addresses.

5.  Third Party Complaint Process

5.1  Complaints, from customers or the public, can be forwarded in writing to us, where you believe there is a potential violation of this AUP.
Our management will review all complaints as quickly as possible and take all necessary actions as deemed appropriate by us.
5.2  You have a right to complain to the Australian Communications and Media Authority (ACMA) about content. If you discover content on a website hosted by us, you can make a formal complaint to the ACMA via their website.

6.  Enforcement of AUP

6.1  If, in our opinion, a customer is found to be in breach of this AUP, we reserves the right to:
a.  Filter, block, suspend and/or terminate access to the service at any time and without prior notice
b.  Notify and provide relevant information to authorities where it is deemed appropriate by us.
c.  Delete any or all of your information, material, software or other content stored on our system at our sole discretion
6.2  You agree that you will have no claim against us in respect of any action taken by us in our implementation of these policies and you indemnify us against any claim arising out of the same.

Domain Name Registrants’ Benefits and Responsibilities

Effective 1st November 2016.

Domain Name Registrants’ Rights

Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.

You are entitled to review this Registration Agreement at any time, and download a copy for your records.

You are entitled to accurate and accessible information about:

The identity of your ICANN Accredited Registrar;

The identity of any proxy or privacy service provider affiliated with your Registrar;

Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;

The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;

The customer support services offered by your Registrar and the privacy services provider, and how to access them;

How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and

Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.

You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.

Domain Name Registrants’ Responsibilities:

You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.

You must review your Registrar’s current Registration Agreement, along with any updates.

You will assume sole responsibility for the registration and use of your domain name.

You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.

You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.

The domain name registrant authorises Sean White Digital Marketing, (the wholesale partner), to act as a Designated Agent on their behalf for any changes to the registrant data for their domain name.

Registrant Educational Materials

Please refer to: www.icann.org/resources/pages/educational-2012-02-25-en.