You irrevocably accept and agree the following:
1.1. CQ4 Hosting has given you no advice as to the appropriateness or suitability of you purchasing any product or undertaking any of the services that are provided by CQ4 Hosting, whether by utilisation of the CQ4 Hosting website or by any other means. CQ4 Hosting provides services which include but are not limited to web site hosting and web accessible application hosting.
1.2. You warrant you have made your own choice in undertaking our services and having done so, instructed CQ4 Hosting to complete the required processes to implement your decision.
1.3. CQ4 Hosting implements all orders only as a result of your instructions.
1.4. CQ4 Hosting does not give nor claim to give specific advice as to the suitability of any application, tarrif or plan for your requirements.
1.5. CQ4 Hosting will use its best endeavours to explain all relevant matters and instructions to you clearly: you may, however, misinterpret such explanations and/or instructions or you may omit to read all instructions. CQ4 Hosting is not liable in any respect for any such misinterpretation or omissions.
1.6. CQ4 Hosting has made no statement to you that any service provided by CQ4 Hosting will be available to you by any specific date. If you require any CQ4 Hosting services by a particular time or date, you should not be using CQ4 Hosting.
1.7. You have either received your own independent professional advice as to the suitabiity of any CQ4 Hosting product service or offering OR you have made your own deliberate decision not to obtain the relevant advice and you accept any risks of having done so.
1.8. All and any information and content and intellectual property that is displayed on the CQ4 Hosting website (except any information, content and intellectual property which is displayed as a result of a hyperlink to another website or a non-CQ4 Hosting web page), any programming and/or code is and remains the property of CQ4 Hosting. You agree not to make any copies or use such property code and programming except for the purpose of using a CQ4 Hosting service or considering using a CQ4 Hosting service.
1.9. The most that you are able to recover from CQ4 Hosting under any circumstances and irrespective of any fault of CQ4 Hosting, is the fee charged by CQ4 Hosting to you.
1.10. CQ4 Hosting is not liable to you or any other third party for any loss or damage including but not limited to any consequential economic loss or damage which may be suffered by you or a third party or may arise either directly or indirectly out of any use by you of any of the services provided by CQ4 Hosting.
2. CQ4 Hosting will not accept, permit or allow any pornographic web site, nor will CQ4 Hosting accept any site that would contravene any Australian law whether the content of the site were hosted on the web or contained in any other form of distribution technology including but not limited to paper, CD, DVD, film, video or any other medium.
3. You expressly acknowledge and agree that all hosted sites will be randomly reviewed and if in the opinion of CQ4 Hosting your hosted site does breach clause 2 above, then CQ4 Hosting may, without any reference to you, immediately disconnect your site and any other site controlled by the Reseller which added your site to the CQ4 Hosting facility.
4. You expressly acknowledge and agree that CQ4 Hosting is entitled to protect all CQ4 Hosting assets from any internal or external threat which may harm the CQ4 Hosting business or the business of any CQ4 Hosting customer. Therefore you expressly agree and acknowledge that CQ4 Hosting may immediately close access to any CQ4 Hosting site or portion of the CQ4 Hosting site where in the sole opinion of CQ4 Hosting, this site or part of the site or the actions of a person, company or computer controlling this site or part of this site, may impact the security of a CQ4 Hosting asset or the asset of any CQ4 Hosting customer.
5. Payment of all fees due to CQ4 Hosting or any Australian or State Government or any other body authorised to collect fees for completion of the service or supply of the product, is required prior to completion of the service or delivery of the product.
6. Any provisions of these Terms and Conditions which are void, voidable or unenforceable should be excised from these Terms and Conditions and the balance of these Terms and Conditions shall remain of full force and effect. These Terms and Conditions shall be governed by the laws of New South Wales, Australia.
7. You submit to the non-exclusive jurisdiction of the Supreme Court of NSW in relation to any dispute arising under this agreement.
8. You agree that you shall not nor attempt to copy, duplicate or adapt, significantly copy, duplicate or adapt, or partially copy, duplicate or adapt this website, its essential concepts, its contents, its design, logos or logic, its order, its method of activating and displaying guidance, its method of generating and downloading documents, its interface or any general code or codes, or any of its selections or any other of questions, optional answers, facts or information, any ideas, guidance or expressions.
9. These Terms and Conditions cover the entire understanding and agreement between you and CQ4 Hosting with respect to any of your use of CQ4 Hosting’s services.
10. You agree that you have obtained all necessary consents from any third party in relation to any of the services provided by CQ4 Hosting