Terms and Conditions

Revision: 1.0.2.3 from 27/09/2010

Copyright (C) 2008, 2015 OLALA.COM.AU. TM
Blacktown, 2148 - NSW, Australia

1. Terms

OLALA.COM.AU TM will be named PROVIDER. Any company or person who get services from PROVIDER will be named CUSTOMER. Anyone who interacts in any way with website will be named USER.

2.Introduction

By using our services, you agree to comply with this Policy. You are expected to use the eb system built by provider with respect, courtesy, and responsibility. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted materials, violation of Australia’s export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. The PROVIDER reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

3. General

PROVIDER is not responsible for any material published on the CUSTOMER website. CUSTOMER shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or international law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by CUSTOMER. CUSTOMER shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

CUSTOMER must use reasonable care in keeping each script, application, server or network devices attached to or hosted by PROVIDER’s infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your applications and/or server may result in a security compromise by outside sources. PROVIDER is not responsible for CUSTOMER application/server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for. A compromised application or server creating network interference will result in immediate CUSTOMER notification and will be suspended/disconnected from the network immediately so as to not directly affect other customers. No service credits will be issued for outages resulting from disconnection due directly to breached security. The Customer is solely responsible for any breaches of security affecting the applications or servers under Customer control. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer’s application or server or other servers will be charged directly to the Customer. The labour used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $600 AUD per hour.

4. System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. PROVIDER investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executable intended to inflict harm).
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer.
  • Circumventing user authentication or security of any host, network or account.
  • Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
  • Network interference by any Customers that may cause or is currently causing network interference with another Customer will be suspended/disconnected immediately. No service credits will be issued to Customers suspended/disconnected for network violations.

4.1 Misuse of System Resources on Shared Hosting Service

It is a violation for anyone to post information or to include programs on the shared hosting service provided through the PROVIDER services which consume excessive bandwidth or CPU time. Background processes, including, but not limited to: ircbot, bnc, proxy, email sender, daemons, are strictly prohibited.

4.2 Internet Etiquette

CUSTOMER is expected execute reasonable Internet etiquette (Netiquette). The CUSTOMER will comply with the rules appropriate to any network to which PROVIDER may provide access. The CUSTOMER should not post, transmit, or permit Internet access to information the CUSTOMER desires to keep confidential. The CUSTOMER is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against PROVIDER by offended users. The PROVIDER reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

4.3 Email Policy

Mass Mailing. PROVIDER has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of PROVIDER services whether or not the message actually originated from our network.

Mailing Lists: PROVIDER’s mass mailing rules also apply to mailing lists, list services, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all CUSTOMER with non-distribution in the future.

If CUSTOMER actions have caused PROVIDER’s mail servers or PROVIDER’s IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $1000 charge to your account and $600 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Use of Email Accounts. PROVIDER provides  limited number of email accounts to its shared hosting customers. This facility should only be used for customer’s direct staff and/or families. PROVIDER specifically prohibits the use of our shared hosting’s email facility to provide email service, whether it is free or fee based to the general public. For example, CUSTOMER cannot provide free email service such as Hotmail based on our shared hosting email facility.

4.4 Child Pornography

PROVIDER will cooperate fully with any criminal investigation into CUSTOMER’s violation of the Australian’s Child Protection acts concerning child pornography. CUSTOMERs are ultimately responsible for the actions of their clients over PROVIDER’s servers, and will be liable for illegal material posted by their clients.

According to the Child Protection acts, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

4.5 Copyright Infringement

PROVIDER’s infrastructure including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian, United States, International or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Creative, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. PROVIDER will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters / servers.

5. Web Development Terms

For a web application or website build or revamp by the PROVIDER will be applied the following:

5.1 PROVIDER Responsibilities

  • to work based on CUSTOMER specifications
  • to provide and website or module which works with no errors

as long as PROVIDER is the only one who can access and change source code using any method for example backend of website, hosting panel, ftp.

5.2 CUSTOMER Responsibilities

COSTUMER must keep in bottom of the website visible at least two links to PROVIDER WEBSITE: development and hosting websites. The size of text and images are subject to CUSTOMER and PROVIDE agreement, text must be at least 7px height.

If CUSTOMER or a third part has access in any way to filesystem and / or database via FTP or control panel or through module/plugin section of administrative area  then:

  • CUSTOMER has full responsibility about website appearance and functionality
  • PROVIDER has no responsibility regarding with any aspect of the website or module provided to CUSTOMER
  • All details regarding with SEO and /or website monitoring stored on PROVIDER platform or under PROVIDER account will be deleted. It is CUSTOMER responsibility to insert his website again into directories and search engines.
  • CUSTOMER will never ask PROVIDER for any compensation in any circumstances.
  • If there is a contact between CUSTOMER and PROVIDER, the contact will be cancelled immediately and any relation between PROVIDER and CUSTOMER will stop immediately.

5.3 Copyrights and Trademarks

The CUSTOMER unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PROVIDER for inclusion in the Web Design Project are owned by the CUSTOMER , or that the CUSTOMER has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend PROVIDER and its subcontractors from any liability (including solicitor’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the CUSTOMER.

5.4 Electronic Commerce Laws

The CUSTOMER agrees that the CUSTOMER is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend PROVIDER and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the CUSTOMER’s exercise of Internet electronic commerce and/ or any failure to comply with any such laws, taxes, and tariffs.

5.5 Payment Schedule

Payment for services provided hereby shall be made in accordance with the conditions contained in this contract. Notwithstanding any prices listed in literature or on Web pages, the CUSTOMER and PROVIDER agree that the services described in this contract shall be completed for the sum set out in this schedule. The CUSTOMER agrees to pay to PROVIDER an initial, non-refundable deposit as set out in the Payment Schedule in the proceeding page. PROVIDER requires this amount to be paid before any development work commences. PROVIDER reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. This includes non-payment of hosting fees. In case collection proves necessary, the CUSTOMER agrees to pay all fees (including all solicitor’s fees and court costs) incurred by that process.

5.6 Website Design Refund Policy

Web site design deposits are refundable within 5 business days in full as long as we have not performed any design or graphic editing / scanning. In the event that PROVIDER has, in good faith, begun web site design then the services earned will be deducted from the refund amount – the balance of which will be returned to the CUSTOMER. In all cases, no refunds are issued after the 5 day period.

 6. Consequences of Violation

When PROVIDER becomes aware of an alleged violation of its Acceptable Use Policy, PROVIDER will initiate an investigation. During the investigation PROVIDER may restrict CUSTOMER’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, PROVIDER may, at its sole discretion, restrict, suspend, or terminate CUSTOMER’s account and/or pursue other civil remedies. If such violation is a criminal offense, PROVIDER will notify the appropriate law enforcement department of such violation.

PROVIDER does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

6.1 Reporting Abuse

Any party seeking to report any violations of PROVIDER’s policy may contact us via our online form.

The Terms and Condition, Privacy Policy and Software Licenses are subject of changes at any time without CUSTOMER notification.