• General
  • Website and software data backup request (According to SLA ) should be sent via email, All request must be addressed in a 30 time frame.
  • It is the client's responsibility to maintain the nameservers (unless Aurasoft is maintaining on behalf of the client). The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors etc. The company in all such cases cannot and shall not be held liable for changing of nameservers or any delay associated with it. No emails in this regard shall be entertained.
  • Software’s are updated occasionally for addressing performance or security issues. We will ensure that you don't experience downtime during this updation process but we may not be able to guarantee this every time and for all situations.
  • Any type of free trial services like Access OR use of software, Mobile Apps etc which is not initially part of client’s project can be stopped any time without any notification.
  • Aurasoft will not give any client Access to our Hosting Sever.
  • Our Hosting service includes email hosting and webhosting, these services will not be provided separately. If the client chooses not to use one of the services the fees payable shall not be split or discounted.
  • If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
  • Written communications between us may take the form of letters, formal documents, faxes or emails.
  • Aurasoft may require a personal guarantee from the director of a company in cases where files/artwork is required before payment.
  • Business hours are 9am to 5pm (Monday to Friday), further charges will apply if work is done on Saturday and Sunday.
  • Aurasoft reserves the right to disconnected the WEB HOSTING service, If Renewable payment is not paid before due date.
  • If client decide to cancel Hosting with Aurasoft, Aurasoft reserves the right to withhold client website for Portfolio purposes.
  • Aurasoft not liable for renew of Domain names.
• Costs and Payments
  • You must pay all charges as set out in the contract or as agreed. As prices quoted on Aurasoft material may change at any time without notice, please check the price on your contract or agreement before confirmation. Failure to make payments on assigned date can result in $25 per day and if payment arrangements are not made, Aurasoft reserves the right to take further actions Ex: Debt Collectors, Solicitors etc.
  • You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.
  • You will be invoiced as agreed in your contract or as agreement. All accounts are payable before delivery of final artwork or uploading of final files to live sites or agreed payment conditions.
  • You must pay Aurasoft charges without any set off, counter claim or deduction unless agreed in writing between two parties.
  • Aurasoft reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days.
  • Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of Order. Aurasoft reserves the right to revise costing if that condition is not met in line with charges applying at the relevant time.
  • No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being. Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of Aurasoft unless arranged otherwise.
  • Any amendments after completion of website/ Project will incur further charges.
  • If the client wants to discontinue the hosting service with Aurasoft, client will have to pay access of $500 to Host website on other server.
• Limitation of Liability
  • All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Aurasoft not contained in the Agreement are excluded and Aurasoft WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
  • Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Aurasoft relationship with you, or otherwise gives you a particular remedy against Aurasoft and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Aurasoft and you. However, Aurasoft’s liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Aurasoft’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
  • You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
  • Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the Aurasoft network, including, without limitation, using an e-mail account on Aurasoft's network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Aurasoft's Network.
• Suspension or Termination of the Service
  • Aurasoft reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
  • Aurasoft may discontinue services if an amount payable to Aurasoft is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
  • Aurasoft may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Aurasoft
  • You will conform to the standards made available by us from time to time, including without limitation and will ensure that none of your end users, make excessive or wasteful use of the Service(s) to our detriment or that of our other customers. We reserve the right to suspend your Service at the time of service abuse prior notification, and to terminate post three (3) events of suspension of the Service as a result of ongoing lack of resolution of the issue associated.
  • We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), we reserve the right to terminate Services without prior notification.
  • In addition to any other rights under these Service Terms, you agree that we may without notice to you remove, amend or alter your data upon being made aware of:
  • Any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights; if directed to do so by the Australian Communications and Media Authority under a "take down notice"; or an outside party or outside device disrupting or attempting to disrupt the Service.
  • Where we provide a Service to you through a supplier, we may terminate and/or replace such supplier at any time without notice to you but will endeavour to do so with minimal disruption and on substantially the same terms as this Contract. If we are unable to do this, you may terminate your Services within 30 days of being notified of the new terms of Service and we will refund you any fees previously paid by you on a pro rata basis.
  • If your Service is terminated you must pay all outstanding charges (including, without limitation, excess data transfer and/or disk space charges) and we may delete all data from any storage media. We are under no obligation to provide you with a copy of your data if we have terminated your Service because of your breach. If we provide you with a copy of your data, we are entitled to charge a fee for that service.
  • Renewals Services purchased for a set period (for example; one year’s / two years ) will be sent renewal invoice upon the expiry of that period unless you give us written notice of your intention to terminate them at least 30 days prior to the expiry of that period.
• Contents of Web Pages and Undertakings
  • You will be solely responsible for the content of your Web Page/undertakings. Aurasoft is not responsible for proofreading any content unless specifically agreed
  • Aurasoft makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
  • If you provide Aurasoft with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Aurasoft against any action taken against Aurasoft by any such third party.
  • Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.
  • Aurasoft for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
  • You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us
• Technical Support, Changes and Maintenance
  • Technical assistance for minor issues can be resolved via telephone however Aurasoft should also receive an email if queries are taking more than 15 minutes to deal with
  • If Aurasoft cannot provide over the phone assistance please forward an email in regards to your concerns, so that the problems can be resolved.
• Service Level Agreements for Web Hosting

  As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

  • You must not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which you have contracted with us. You must not use any mechanism to exceed the amount of resources assigned to you through the Services, or to conceal your activities
  • Our SLA agreement of 99.99% uptime is applicable only to network availability and it does not take into account elements like emergency downtimes and hardware failure.
  • • 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;
    • your act or omission or that of a person under your direction or control;
    • Scheduled maintenance completed within the agreed maintenance window;
    • A requirement, direction or any other order issued by an authority with jurisdiction over the service;
    • Unauthorized 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.
    • Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
    • Latency across the Aurasoft IP network exceeds 120 milliseconds, for longer than 300 seconds
    • Please note that Aurasoft accepts no responsibility for delays or down time, breakdowns caused by Internet Service Providers (ISPs).
• Net Send Spam

  The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service and initiation of legal action

• Dispute Resolution

  The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavors to:

  • • Clearly communicate in writing via emails, the background facts leading to or causing the dispute
    • Set out clearly what action is required to settle the dispute.
    • Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution.
    • Discuss specific means of avoiding such disputes in the future.
  • Attempts to resolve the dispute must follow the following procedure:
    • The person complaining shall set out in writing the background, the issues and the outcome desired.
    • The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
    • If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days.
    • If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
    • In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
    • Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure.
• Intellectual Property
  • All creation files remain the property of Aurasoft.
  • Aurasoft retains the Copyright in and the right to use all artwork created in advancing the profile of Aurasoft and to be recognized for artwork created by Aurasoft.
  • Aurasoft shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Aurasoft shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
  • Aurasoft observes Privacy Laws and Guidelines relating to personal data.

The customer also agrees that Aurasoft holds no responsibility for any amendments made by any third party, before or after a design is published .Aurasoft expects the Client to perform researching on their company name to be sure the name is not already in use and securing a trademark or service mark to protect the Client's legal rights to any name or image. Aurasoft is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.