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Terms and Conditions

1. Indemnification Policy

You agree to use all MoWebtime (“Mo Grp”, “Mo Group”, “us”, “we”, or “our”) services and facilities at your own risk. We specifically disclaim all warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with our server.

We reserve the right to intervene with any of the websites hosted on our servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from our servers. We shall be the sole judge of what violates this Policy.

2. Billing

All billing and invoicing is handled via our automated billing system. Invoices will be automatically issued to your primary account contact, and copied in to any secondary contacts who have been opted in for invoicing emails. Please ensure all these email addresses are up to date and accurate. We also strongly suggest adding the mowebtime.com and mogrp.com domains to your safe senders list.

We accept no responsibility for accounts that are effected by inaccurate or out of date email contacts. Payment cycles for recurring products are monthly, 12 monthly (annually), 24 monthly or 36 monthly depending upon the plan.

Monthly accounts are issued 7 to 14 days prior to the due date.

12 Monthly (annual) or longer accounts will be issued 28 days prior to the due date.

Project or design invoice payment terms will be at the discretion of Management, but are generally 7 day terms. Payment Terms and Conditions are provided on all invoices.

We accept Visa, Master Card and Bank Transfer*

*Note: Bank Transfer is accepted for all monthly billing cycles or longer and for all other invoices. Payments made by bank transfer can take between 3-5 business days, due to bank and internal processing times. Clients should be aware of these processing times when paying via bank transfer, we recommend an automatic recurring payment schedule to avoid possible delays in services or late payment fees.

Clients are encouraged to pay by credit card as it is the easiest and fastest way to handle payments at this time, and also prevents issues with late payment fees and/or suspended/terminated accounts.

Payment terms are subject to change, at our discretion and Management. Amendment to prices will only occur outside of the informal contract dates, which is implied by the length of the billing cycle entered into by the client upon sign up.

Note: Invoices are provided with a 10% T (non descriptive tax) component to be used at the clients discretion, however invoices can be provided without a tax component if preferred, by request or agreement. Regardless of invoicing preference, product and service fees will remain the same as the greater sum (eg Monthly Platinum Package $99, or Hourly Rate $99 with or without tax).

3. Automated Payments

Clients that have opted for Credit Card payment and have a valid stored card added via our Client Area or over the phone will be able to use our automated payment system. In this case, you will be sent a notice of the Invoice being generated either 7 days (for monthly invoices) or 28 days (for domains or annual invoices) prior to the due date. This invoice notice will advise of the fact you have opted for a Credit Card payment, and advise of the details of the card payment will be taken from.

The payment will then be automatically taken on the Due Date of the invoice, via your nominated card and you will be sent a copy of the paid invoice for your records.

Note: Please ensure your contact email is current and correct. We accept no responsibility for payments taken automatically from cards, when email notices have been issued to an invalid or out of date address. We adhere to online credit card payment regulations. To support this our billing system tracks a number of details including IP Addresses, dates, times and history of notification email history.

4. Late Payments

Disclaimer: We reserve the right to vary all terms below and take further action on overdue accounts.

All accounts are billed according to the dates they were first activated on.

Invoices that go past 7 days overdue, may have automatic service restrictions placed by our billing platform and a late payment fee applied, unless other arrangements have been made. If there are multiple services on an account, We reserve the right to restrict all/any services if any one invoice is past 7 days overdue.

Overdue invoices may have a $55 late fee applied. Recurring every 7 days until the account is paid in full.

Additional interest calculated at the rate of 10% per month (accumulative) may be applied until the account is paid in full.

We also reserve the right to reverse/revoke any discounts applied to any of our services should an account become overdue.

Note: If you are paying via bank transfer, restrictions will not automatically be lifted until payment has been cleared into the nominated Bank Account provided on invoices. This can take up to 48 hours to occur, or longer, depending on the bank, and/or during weekends. Payment notification notices are not accepted as proof of payment, only received payments will suffice.

Suspended/restricted websites may be charged a reactivation fee of $99. Reactivation fees are charged to cover the server overheads and time spent managing and recovering restricted accounts.

If an account is suspended/restricted due to late payment, the account must be paid in full for restrictions to be lifted. This includes any additional fees that may have applied. Be sure to check the invoice total, before making a payment on a late invoice, to ensure you are paying the correct amount.
(See further information under Limitation of Liability regarding restricted sites)

Credit Card payments will result in immediate removal of any suspensions/restrictions.

If invoices remain unpaid for longer than 30 days, your account may be terminated, see below for further information.

5. Service Termination

We reserve the right to terminate hosting services for a breach of any of the policies outlined in this document. This includes, but is not limited to:

  • Invoices past 7 days overdue, with no prior arrangements made.
  • Websites that contain malware or damaging scripts.
  • Websites or email accounts that are spamming.
  • Websites containing illegal content.

If a website is terminated, in some cases a restoration may be possible providing a backup is available. However any costs and fees including past due invoices or backup restoration fees, will need to be paid in full prior to any restoration being performed.

A minimum fee of $99 will be applied for the reinstatement/restoration of any suspended/terminated services.

6. Domains and Late Payments

As detailed in the Late Payment section above, all payments on domains must be made in full and processed before a domain renewal will be processed. As per our Limitation of Liability, we are not held responsible for any loss of service or domain registrations lapsing due to overdue or unpaid invoices.

Adequate time is provided to make payment on a domain, as well as additional time for overlooked or missed payments, which will trigger payment reminders.

Payment is the sole responsibility of the account holder.

7. Charge Types

Your annual or monthly hosting package includes standard support and assistance. This includes items such as setting up your email clients (normal user environment), troubleshooting server based issues or mail flow problems, advice on the use of our products. and other such tasks. You can find more information regarding that HERE.

Some tasks will also incur a charge, and these are generally broken up into two types:

  • Website Design or Support.
  • Hosting and Related Products

Website Design or Support charges are for items related directly to your website and work carried out within the website. These are generally in addition to your monthly or Annual Hosting fees. For example, a new Website Build or modifying the contact details on your website.

These charges also cover additional support directly related to faults being caused by your onsite computer software or equipment. Clients who have created non-standard hosting or email environments, for example custom on-server DNS settings, advanced CRON jobs, externally handled mail (MX) services, externally handled hosting/website services, off-server DNS zones or a number of other advanced configuration may also incur charges related to troubleshooting and support of these issues.

Our Support staff will attempt to advise when the above charges may apply, in the case where support staff omit advising the client, charges will be applied according to the the descriptions provided on the Support Rates & Descriptions page, as linked at the bottom of this section.

Issues relating directly to our server are generally covered by the recurring hosting fees you pay for your services, and are generally referred to as Server Based Support. You will also find additional information regarding this via the linked article at the bottom of this section.

Hosting and Related Products include such things as your recurring domain renewals, ongoing hosting fees, SSL Certificates, SPAM Protection and other web hosting related products. More information on these products can be found under the various menu items on our website.

Note: In the case of website hacking or malware… our support team may need to carry out unapproved work on your website, or restrict your services to preserve server integrity. In these cases, efforts will be made to contact you, but if we are not successful, work may be carried out and charges invoiced as necessary to protect the server and services.

You can find further details on the different types of charges and various examples, as well as additional information on the above mentioned policies on our Rates and Descriptions page.

8. Refunds

Under normal operating procedures, we do not offer refunds on any Hosting, Domain or related services. There may be exceptions to this rule for promotional purposes or for Web Hosting new product sign ups (eg our 30 Day Satisfaction Guarantee). If this is the case, this will be clearly outlined in the product description.

Other hosting products may be eligible for refunds in certain circumstances if within 7 days of the payment being made. These products will have these conditions and criteria outlined in the product description.

Domains, SSL Certificates, Spam Protection and Premium Malware Scanning products (such as SiteLock or Symantec Secure Site) are not eligible for refunds under any circumstances once the order or renewal has been processed. This is due to out of pocket/3rd party expenses incurred by us to renew such services.

All refunds will be subject to a processing fee amounting to 10% of the invoice total or $11, whichever is greater. This will be deducted from the refunded amount.

9. Design – Quotes

In addition to the above terms, when you accept a design quotation/proposal with us, we request a 50% start up payment, with the balance due on completion of the project. In some cases, by agreement, this fee may be adjusted.

Note: Once work has commenced, this amount is non refundable. This is typically within 24 hours of the payment being received.

Services will not be made publicly active until the invoice or total balance is paid in full, unless prior arrangements are made.

In the event you wish to cancel the project prior to completion, for whatever reason, the 50% start up fee is non refundable. Any other costs or work completed on the project up until the point of cancellation, will also be invoiced up to this point. Once these amounts are paid, you will be given access to any applicable products and/or services.

10. Design – Process

During the build process, our design team will discuss the function, style and layout of your website or project. You are welcome to provide as much or as little input as you desire.

You will also be given several opportunities to review and modify the website during the design phase. Our quotations allow for minor amendments to the website, providing it doesn’t require a large structural rebuild or modification.

Note: Should you choose to waive the opportunity to have input into the website build, and have us design a website on your behalf, (eg you do not wish to assist with the style and layout of the site), the above mentioned modifications may incur additional costs.

We suggest to all clients that you provide input during the design process, so that the end product is suitable for your purpose and tastes, but we do understand that some clients do not have the time to do so, or have experience with such things and as such, our design process makes allowances for time short clients or lack of knowledge.

11. Acceptable Use Policy

All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless us and our employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content will be removed from servers. Users may also be restricted from using our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all our servers. This includes websites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description on our shared servers. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts restricted or terminated due to content or Acceptable Use Policy violation are not refunded under any circumstances.

12. Fair Use Policy

We typically offer Unlimited Bandwidth on Hosting Packages. This essentially means that no limits are applied to your bandwidth usage, however a precautionary cap or ceiling is set on all accounts, to prevent malware or hacking scripts exploiting the server. Providing your web hosting and email usage is deemed to be within a fair and reasonable limit for the type of website and package you are on and that it doesn’t effect server resources.

Should your accounts bandwidth usage reach a stage that is deemed to have surpassed a fair and reasonable level, our administrators will contact you to discuss the situation and what options are available.

13. Bulk Email Policy

Our shared servers do not permit the sending of bulk email campaigns, for example mailing lists. A common sense policy applies to what constitutes a bulk mail out, decided upon by our server admin team. As a guide, anything above 250 emails sent in a 5 minute period, with the same content in each email will be detected and blocked by server monitoring software and reviewed by our Staff. If you do wish to send bulk email please Contact Us or use an alternative platform, such as Mail Chimp or other service.

14. Malware, Compromised Sites and Banned Scripts

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi
  • FormMail.pl

Websites that are detected to be using any of the above scripts, infected with Malware or in someway compromised, will be immediately suspended, and in some cases further work may be required by our staff.

In the event you cannot be contacted regarding this work, We reserve the right to take further action and carry out work on your website to preserve server integrity. Charges may apply for this work.

15. Server Backups

Our servers maintain secure off server backups. These are kept according to an archive schedule, so that in the event of a unrecoverable server issue, our Administrators are able to roll back to a particular date to restore services.

As part of this process, Hosting Australia has made backups available for customer use. Access to the backup is via our support team only. Further information regarding the costs of restoration and the backup cycles are available in our Knowledgebase.

As outlined in the Limitation of Liability section below, we do not accept liability should these backups fail and/or not be available for restoration of websites or data at any given time. We advise that the suitability and accuracy of the data used in rollbacks is limited to the time date the disaster recovery backup was taken.

Customers accept that the responsibility of ensuring data integrity, safety and backup lies entirely with the website owner. Customer backups are not permitted to be stored on the server due to the impact and risk of those backups being lost in server failure. Customers must ensure that they maintain suitable backups of their data offsite.

16. Server Uptime

We guarantee 99% uptime of all services, including email and hosting. In the event we do not achieve these targets, partial or whole refunds or account credits may be applicable. These will be at the discretion of our management. The uptime guarantee only applies to Retail accounts and some reseller/wholesale services. The guarantee does not apply to sub-clients/end-users of reseller or wholesale services.

Note: Please see our Limitation of Liability disclaimer below.

17. Server Software Upgrades

From time to time, our Server Administration team may be required to update server software, for example pHp or SQL versions. This is done to maintain server security, performance and stability. Our server team will always carefully assess these upgrades, and choose a version that is stable and secure. This may not always be the latest version, as new releases quite often need to have patches and updates applied.

In some cases, and in particular on older or out of date websites, this may cause compatibility issues. We are happy to assist you and work through these issues, however design charges may apply if there is a requirement to rewrite or update code in your website. This will be assessed on a case by case basis.

Generally, we will give adequate notice to clients of upgrades, however, should a security issue develop that is deemed server critical, some upgrades may be performed with as little as 4 hours notice, or no notice. In this case, our server and support teams will always work with you to resolve any website compatibility issues.

18. Limitation of Liability

We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of our servers. All damages shall be limited to the immediate termination of service.

We will not be responsible for any disruption to services (Web or email) due to, but not limited to the below reasons:

  • Compromised website files
  • Compromised email accounts
  • Late Payment of Invoices
  • Breaches of our Acceptable Use Policy (as outlined above)
  • Use of Banned Scripts (as outlined above)
  • Email deliverability issues
  • Website Suspension
  • Service Restrictions

19. Disclaimer

We cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their website was functioning. Certain services provided by us are resold. Thus, certain equipment, routing, software, and programming used by us are not directly owned or written by us. Moreover, we hold no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as we see fit.

Furthermore, we retain the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. In an effort to protect our clients and website visitors privacy and rights, we have established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather. This Privacy Policy governs the manner in which we collect, use, maintain and disclose information collected from users of this website (each, a “User”).

20. Privacy

Users’ privacy is very important to us. We are committed to safeguarding the information Users entrust to us.

The Information We Collect – we collect personally identifiable information from Users through online forms for ordering products and services. We may also collect information about how Users use our website, for example, by tracking the number of unique views received by the pages of the website or the domains from which Users originate. We use “cookies” to track how Users use our website.

See our Privacy Policy for more information.

21. How We Use Information

We may use personally identifiable information collected through our website to contact Users regarding products and services offered by us and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with us and such affiliates, independent contractors and business partners. At no time will our database of users ever be sold to any entity for the purpose of marketing or mailing lists. Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgement, we are obligated to do so under applicable laws.

See our Terms of Use for additional information.

22. Revisions

We reserve the right to add, revise, amend, or modify the Terms/Policies/Agreements published on our Website at any time & in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our policies.

Contact Us

If you have any questions about these Terms and Conditions, please contact us.

These Terms and Conditions were last updated on 21st October 2021.

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