Terms of Service

Last updated 29 January 2014.

Webporter (ABN 32 058 768 827)

These are the terms and conditions of the supply of the Internet products and services offered from time to time by Webporter ("the Service"). These terms apply to you as a potential user or user of the Service ("Client" or "you") to provided by Webporter ("we" or "us") .

This agreement commences at the time that you apply for the Service or use the Service, and it continues until terminated in accordance with the provisions of this agreement.

In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content that forms part of the client's websites or emails. 

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1. Acceptable use

1.1 You warrant to us that you will only use the Service for lawful purposes. You further warrant and undertake to us that:

  1. you will not, nor will you authorise or permit any other person to, use the Service in violation of any law or regulations;
  2. you will not knowingly or recklessly post, link to or transmit any material:
    1. that is unlawfully threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic or profane;
    2. containing a virus or other hostile computer program;
    3. that constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.

1.2 If the Service includes data transfer or disk space without any defined limit you agree to:

  1. use any data transfer and disk space:
    1. only in conjuction with the your own website and email;
    2. not excessively for the purpose of storing large files, backups or archives;
    3. not excessively for file sharing and distribution activities.
  2. email accounts associated with your hosting on our server will be restricted to 100 MB of disk space, notwithstanding alternative email upgrade options are provided if more is necessary.

1.3 If the Service is identitied as "WOW package" or "WOW" which includes system upgrades then you further agree to:

  1. not change or install any scripts, software or systems on your website without prior written permission from us.

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2. Email service

2.1 You warrant and undertake to us in connection with electronic mail services provided to you by us ("email service") that:

  1. you will not, nor will you authorise or permit any other person to, use your email service in violation of the Commonwealth Spam Act (2003);
  2. you are ultimately responsible for backing up email, and any email sent through your email service;

2.2 In the event of transmission of spam as defined in the Commonwealth Spam Act (2003), or bulk email, Webporter reserves the right to terminate any or all related Services without prior notification.

2.3 We will take all reasonable steps to ensure accurate and prompt routing of electronic mail, but do not accept any liability for non-receipt or misrouting or any other failure associated with the email service.

3. Website service

3.1 Unless explicitly stated that we will maintain your website beyond the standard service levels (refer to Section 6), you warrant and undertake to us in connection with your website services that:

  1. you will ensure any scripts, software or systems installed on your website are current and up-to-date within five (5) days of the latest version release;
  2. you are ultimately responsible for website backups, protecting your website, securing your website and any systems that you install or use.

3.2 You understand that any Service advertised as coming with an "uncapped", "unlimited" or "unmetered" feature ("Unlimited Feature") that this means:

  1. no quantative limit is imposed upon that feature of the Service notwithstanding usage deemed to exceed "fair use";
  2. "fair use" of the Service is still required in relation to the Unlimited Feature including but not limited to:
    1. disk space consumption;
    2. data transfer or bandwidth consumed by your account/s;
    3. email accounts;
    4. databases;
    5. hosted domains.
  3. a limit still might be reached due to software, hardware or infrastructure limitations.

3.3 In relation to clause 3.2, you understand that Webporter is ultimate judge as what is deemed to be "fair use". If you exceed "fair use" then we will attempt to notify you by email. To protect other users and our services, immediate action may include suspending or terminating your account, removing files and/or email or disabling your web services. Failure to comply with any notice may result in termination.

3.4 Data backup - we will backup and archive websites on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your website. You must maintain a recent copy of your data at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient websites recovered from our backups. Webporter will not be held liable for any files deleted or lost under any circumstance.

3.5 You understand that maintenance to servers must be performed from time to time that may lead to services being stopped for a period of time. Attempts will be made to perform all scheduled maintenance at times which will affect the fewest customers.

3.6 In contracting with us for Services, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.

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4. Domain names

4.1 You agree that in the event of a dispute about a .com, .net, .org and other top level domains as applicable, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) and the Rules for UDNDRP.

4.2 You agree that in the event of a dispute in registering a .au domain or about a .au domain after registration, you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any other applicable policies published by auDA.

4.3 In registering, renewing or redelegating a domain on your behalf, Webporter is acting as a partner of registrars and registries which your contact details will be divulged to resulting in you receiving communication from them outside of Webporter's control.

4.4 You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications.

4.5 Webporter makes no representation and gives no warranty about your chosen domain name being available for registration, renewal, re-delegation or use by you.

4.6 In respect of domain names, you acknowledge that Webporter is not liable for any loss or damage resulting from non-renewal of your domain name for any reason.

4.7 Webporter may NOT register or renew your domain name where you have unpaid invoices, if you are in breach of any terms of your use of any Service or for any other reason.

4.8 You expressly authorise and direct us, if we are able to do so, to:

  1. be nominated as an authorised contact for your domain name with the domain name registrar;
  2. be nominated to act on your behalf for registrar transfers in relation to your domain name; and
  3. renew your domain name registration upon receipt of renewal notification from the domain name registrar and then invoice you for the relevant charges in accordance with Webporter's list price from time to time.

4.9 You indemnify Webporter against all claims arising out of your registration and use and renewal of registration of your chosen domain name.

4.10 Webporter is under no obligation to retain domain names for you beyond their expiry date, and will not be held responsible if a domain name is lost for any reason, including a failure to renew it on time.

4.11 Webporter reserves to right to retain, sell or distribute domain names as desired once they have expired.

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5. Web search marketing

5.1  These words have the following defined meaning:

  • "Google" refers to the company known as Google including its national and international branches like Google Australia. For Australian customers, ranking is generally associated with the Australian version of Google Search (http://www.google.com.au/).
  • "Google Adwords" means the online advertising product of Google.
  • "Google Analytics" means the website data service offered by Google.
  • "Online Properties" means website/s and/or web page/s that list and/or belong to you or your businesses
  • "Web Search Site" means a website that allow Internet users to search for information and content on websites, web pages and documents including but not limited to Google Search and Bing.
  • "Search Engine Optimisation" or "SEO" means the on-site or off-site work performed, tools and techniques used to try and improve the ranking of Online Properties in searches conducted on Web Search Sites without directly paying for advertisements.
  • "Web Search Marketing" refers to services and activities provided by us to list, promote or advertise Online Properties to Internet users through Web Search Sites.

5.2 If we provide SEO services to you, this means we will work to get people visiting your Online Properties. You authorise Webporter and those it might hire, contract or utilise to:

  1. submit your business and Online Properties to websites that we believe will help increase rankings
  2. create and manage content published for your business in the interest of your SEO
  3. optimise as deemed necessary the structure and content of your website, pages, images and any information for the benefit of SEO (such changes generally have a minimal impact and unless considered relatively minor, you will be receive notification of such changes)

5.3 Where we provide you with SEO to achieve a high ranking for particular search terms or phrases on a Web Search Site, you understand that these sites belong to independent companies and we have no direct control over the way results are displayed on their Web Search Site. While we aim to attain high rankings, we can not and do not guarantee rankings of Online Properties or high rankings being sustained.

5.4 You agrees and acknowledge that any SEO work we perform can be detrimentally affected if:

  1. the services of another SEO provider are used, or any other related services to work on your website have been performed in the past or during the same period;
  2. there are duplicate sites, duplicate content or pages, redirects or doorway pages that have been created by someone else;
  3. there have been backlinks previously built that harm rankings;
  4. other third parties outside the control of Webporter perform a negative SEO campaign to reduce rankings in Web Search Sites.

5.5 We make no warranty or representation:

  1. as to the position your advertisement or Online Property is placed on a search result page, or the frequency and time of day that your such is displayed;
  2. for any specific result on any search engine;
  3. as to the quantity or quality of increased traffic or sales to your website or business; or
  4. as to rankings of your Online Properties in Web Search Sites. In particular, you acknowledges that the Web Search Sites change their ranking algorithms on a regular basis, and for various and numerous reasons rankings can rise or fall.

5.6 You understand that while SEO services may target specific search terms, Webporter's SEO services do not guarantee such search terms but do aim to increase total business visibility online through attracting visitors and new customers from Web Search Sites.

5.7 You will be provided with reports on a monthly basis detailing the success of any Web search marketing campaign including visits to your website, online enquiries tracked and recommendations as necessary for improving your success.

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6. Service level agreement

6.1 Standard service level is provided with all paid-for web hosting services and includes:

  1. Online help desk: submit a ticket 24/7 through our online help desk or email helpdesk@webporter.com;
  2. Phone support: during standard hours of trade (weekdays 9AM to 5PM AEST);
  3. Routine backups: notwithstanding the terms herein, we routinely store website backups on the server.

6.2 Unless additional service levels are agreed to, you understand that you are responsible for any and all Client Data, including your website hosted on our servers. Standard service level therefore excludes managing, maintaining or developing your website including:

  1. actions you can perform through your web hosting control panel (for example, setting up email accounts, forwarders and auto-responders);
  2. any development work needed to secure, re-secure, fix and/or update your website including:
    1. adding or fixing web pages and information published on your website;
    2. copying of files or images to website;
    3. updating, patching and/or installing applications on your website;
    4. scripting and coding (e.g., PHP, HTML, CSS, JavaScript).

6.3 While we provide you with access to services associated with your web hosting account including Web servers, mail servers (POP3/SMTP) and FTP servers, you are ultimately responsible for installing, setting up and/or configuring any desktop, smartphone or other computer device software that take advantage of such services.

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7. Website availability

7.1 "Website Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the files on your website are available for access by third parties via Hypertext Transfer Protocol (HTTP), as measured by Webporter ("we" or "us").

7.2 We aim to achieve fast and reliable website availability for all customers who use our services. As such, Webporter will issue a percentage monetary refund or credit amount in accordance with the following schedule:

Website Availability Total downtime* Refund claimable
99.99% to 100% 0 to 43.2 minutes 0%
98% to 99.99% 43.2 mins to 14 hrs 24 mins 10%
95% to 97.9% 14 hrs 24 mins to 36 hrs 25%
90% to 94.9% 36 hrs to 72 hrs 50%
89% or below more than 72 hrs 100%

* Total downtime calculated on a 30 day month. May be more or less depending on number of days in month.

7.3 The amount refunded or credited will be calculated based on monthly service charge for the affected Service

7.4 You shall not receive any refund or credit under in connection with any failure or deficiency of Website Availability caused by or associated with:

  1. circumstances beyond Webporter’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. failure of access circuits to the server network, unless such failure is caused solely by Webporter;
  3. scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of Webporter;
  5. issues with FTP, POP, IMAP, or SMTP customer access;
  6. false SLA breaches reported as a result of outages or errors of any Webporter measurement system;
  7. customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Webporter’s Terms and Conditions and Acceptable Use Policy;
  8. e-mail or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. your account being suspended or terminated by Webporter for any reason including unacceptable and unfair usage.
  11. outages elsewhere on the Internet that hinder access to your account. Webporter is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Webporter will guarantee only those areas considered under the control of Webporter: Webporter server links to the Internet, Webporter’s routers, and Webporter’s servers.

7.5 To receive a refund based upon downtime associated with Website Availability you must:

  1. submit a help desk ticket or email helpdesk@webporter.com within thirty (30) days of the end of the month for which you are claiming;
  2. list your affected web hosting services that you have with us for which are claiming a monetary refund or credit on;
  3. let us know in your message whether you would like a monetary refund or credited amount.

7.6 Unavailability must be confirmed by Webporter, afterwhich you will be immediately refunded or credited the amount according to our refund schedule.

7.7 Notwithstanding anything to the contrary herein, the total amount refunded or credited to the customer in a particular month under this section shall not exceed the total monthly fee paid by the customer for the affected web hosting service.

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8. Payment

8.1 Fees associated with the Service are to be paid in advance unless otherwise agreed. Where the Service required recurring payments, the Client will be issued with an invoice approximately fourteen (14) days before a payment is due.

8.2 Upon registering and storing your credit card with us, you give us authorisation to debit your credit card for any and all costs associated with the Service.

8.3 The Client agrees to pay issued invoices no later than the required payment due date on the invoice. Invoices not paid prior to their due date may incur a late payment fee of five dollars ($5).

8.4 Webporter will attempt to provide you with timely invoices, however ultimate responsibility of tracking and making periodic payments remains with you.

8.5 Prices published are in Australian dollars and include any Australia's Goods & Services Tax (GST).

8.6 We shall be entitled to immediately suspend or terminate this agreement and any or all your services with us for a failure to make a payment by the due date.

8.7 Where you make payment to Webporter by a cheque, if for any reason such a cheque is dishonoured you agree to pay a twenty-five dollar ($25) dishonour fee.

8.8 Webporter offer various payment methods, some which may come with a surcharge to cover the cost of their convenience to you. You agree to pay any surcharge as advertised on an invoice requiring payment.

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9. Refunds and credit

9.1 You are only entitled to a monetary refund or credit when:

  1. requested under any advertised money back guarantee, or
  2. we are at fault for not providing a service paid for and you have fully complied with this agreement.
  3. you downgrade plans where such a downgrade entitles you only to credit.

9.2 No refunds are provided on domain names registered, transferred or renewed by us on your behalf. If your domain name is registered, transferred or renewed, then you are required to pay for the full cost of the Service. We do not offer refunds for domain name registrations for any reason, including spelling mistakes, or miscommunication of the domain name.

9.3 No refunds will be given for unused portions of services provided on a fixed period contract under any circumstance, however credit may be applied at Webporter's descretion.

9.4 You are entitled to downgrade plans once a month, or upgrade plans as needed, regardless of the term of the Service plan. Upgrades to more expensive plans require a difference in cost for the total plan period to be paid. Except for services paid month to month, you will be provided with credit for any payments made on the remaining whole months in the contract term minus a $25 account administration fee.

9.5 If you cancel a rolling fixed period contract before the end of its term, then you will be liable to pay the full balance of the contract term.

9.6 We are not responsible for monetary refunds differing in amount to what was paid due to currency conversion rates or surcharges.

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10. Partner Program

10.1 Application

10.1.1 To apply as a Partner in our Partner Program, you can:

  1. place an order for your desired partner level; or
  2. apply through our website by completing the Partner Sign-up form.

10.1.2 After your application is recieved it needs to be reviewed. If approved, you will be sent an approval notification via email.

10.1.3 Webporter may reject your application if we determine in our sole discretion that you are unsuitable for the Partner Program.

10.2 Partner Levels and Commissions

10.2.1 The Partner Program has four a partner levels with each level providing a different percentage of commission for paid web hosting accounts. We will pay you a commission based on the below structure:

  • Bronze Partner: 10%
  • Silver Parter: 15%
  • Gold Partner: 20%
  • Platinum Partner: 25%

10.2.2 The percentage of commission earnt is based upon a paid for Web Force One web hosting service without any upgrades or addons. The maximum amount you will be paid for a weh hosting service is your percentage level multiplied by $24.95 AUD (for a monthly subscription), or your percentage level multiplied by $274.45 AUD (for an annual subscription).

10.2.3 If signing up as a Bronze partner, then your first web hosting service is full price. Commissions only apply to partner levels that have been paid for or when you have two or more paid for web hosting services.

10.3 Commission Payment

10.3.1 Commissions are payable at the start of each new month. There is no minimum amount you must earn before commissions are payable.

10.3.2 Unless otherwise agreed to in writing, you must have a registered Australian bank account with us that your commissions can be paid into. It is your responsibilty to ensure the bank account details registered with us for receiving commission payouts are correct. You need to keep these details updated within your Client Area. We are not responsible under any circustance for payments sent to a wrong account.

10.3.3 Commissions only accrue after a web hosting service is paid for and confirmed by Webporter. No commissions will accrue until after a payment has been made on an invoice.

10.3.4 Where a term-based money back guarantee is offered with a web hosting service, commissions will only be payable the month after the guarantee period has expired.

10.3.5 Payments are made only at the start of each month after e. by us for the applicable website after the guarantee period is over.

10.4 Partner Responsibilities

10.4.1 Webporter expressly requires you to disclose that there is a "material connection" between you and Webporter any time you offer an endorsement or testimonial on our services.

10.4.2 In addition to any breach in the terms of the Service, we will immediately terminate your participation in the Partner Program if we believe you have engaged in any of the following:

  1. Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Webporter, federal or state law; 
  2. Providing inaccurate or incomplete information to Webporter concerning your identity, address or other required information; 
  3. Attempt to cheat, defraud or mislead us in any way; 
  4. Misrepresent to the public the terms and conditions of our sites or your sites; 
  5. Engage in Web spam advertising or popup advertisement network activities; 

10.5 Relationship of Parties

10.5.1 You and Webporter are independent contractors, and nothing in this Agreement will create any legally binding partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties.

10.5.2 You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Webporter and we expressly disclaim responsibility for any conduct by you in violation of our terms of agreement.

10.6 Miscellaneous

10.6.1 Partners who have cancelled or been cancelled due to a breach of any terms herein, forfeit all future commissions on all services. Partners cannot be reactivated within our without our express written consent.

10.6.2 Webporter reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where payments made have a high chargeback/cancellation ratio.

10.6.3 Webporter will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales and any commissions earnt or paid.

10.6.4 You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

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11. Term, termination and reinstatement

11.1 To cancel and terminate a rolling fixed period service, you must make a cancellation request before your service expires to avoid additional charges. The cancellation request should be submitted in writing as a helpdesk ticket or in an email to helpdesk@webporter.com, and include the name of your account and details of the services to be cancelled. You must respond to a confirmation an email or phone confirmation before the cancellation is finally authorised and completed.

11.2 You are responsible for removing all Client Data from the server before the day for which the cancellation is requested.

11.3 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:

  1. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
  2. if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
  3. Notwithstanding any suspension of the Service under this clause you shall remain liable for all charges due throughout the period of suspension.

11.4 If your web hosting account or service has been cancelled, suspended or terminated, its reactivation will be completely at our discretion. If we agree to reactivate your web hosting account or service, we will require:

  1. payment in full of all outstanding amounts; and
  2. payment of a $50 reactivation fee if a web hosting account.

11.5 Webporter may without notice to you remove, amend or alter your data upon being made aware:

  1. of any claim or allegation;
  2. of any court order, direction, judgment, determination or other finding of a court or other competent body; or
  3. that the data is illegal, defamatory, offensive or in breach of a third party's rights.

11.6 We are under no obligation to provide you with a copy of your website in whole or part once the Service has been suspended or terminated under any circumstance.

11.7 Unless directly communicated otherwise, you agree that we may contact you after termination of the Service by electronic means in respect of our services.

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12. Client liability and indemnification

12.1 You warrant that:

  1. 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 Webporter for any breach of this agreement by the Customer; 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, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
  2. you will conduct such tests and computer virus scanning as may be necessary to ensure that 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; you will keep secure any passwords used with the Service; and,
  3. you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.

12.2 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

12.3 You agree that in no event shall Webporter be liable to any third party for your breach or alleged breach of any of the terms and conditions set forth in this agreement.

12.4 You agree to defend, indemnify and hold harmless Webporter from any and all expenses, losses, liabilities, damages or third party claims resulting from the Service provided to you.

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13. Liability and warranty

13.1 TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

13.2 We do not warrant that:

  1. information, text, graphics, links, applications or other items on Webporter's sites is accurate or complete;
  2. the Services provided under this agreement will be uninterrupted or error free;
  3. the Services will meet your requirements, other than as expressly set out in this agreement; or
  4. the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Webporter.

13.3 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

13.4 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.

13.5 Our total liability for loss or damage of any kind not excluded by clause 13.4, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate to the last fees paid by you for the Service in the previous 12 month period.

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14. Confidentiality and copyright

For the purposes of this clause, Confidential Information covers all information and know-how in any format, disclosed or given by us to you from any source in respect of the business dealings or operations of the party disclosing or giving the information or know-how.

You agree to not use, disclose, publish or copy any Confidential Information except for the purposes of the exercise of your rights or the performance of your obligations under this agreement.

This clause will not apply to the use, disclosure or copying of any Confidential Information which is:

  1. In the public domain, otherwise than as a result of a breach of this agreement;
  2. Already in the possession of the receiving party before the disclosure by the disclosing party;
  3. Used, disclosed or copied with the written consent of the disclosing party; or,
  4. Disclosed to the receiving party's lawyers, accountants, insurers or other professional advisers for the purposes of providing advice or professional services to the receiving party.

The provisions of this clause will continue to apply after the expiry or termination of this agreement.

15. Governing law

This Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia. The state and federal courts of Queensland, Australia, will have exclusive jurisdiction.

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16. Integration

This agreement (including any references to other policies) represents the entire agreement between Webporter and you and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.

This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by client, but may be so transferred, assigned or delegated by Webporter. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

This agreement, which includes all of Webporter's policies, is subject to change without notice. Webporter may attempt to communicate changes to this agreement in email or writing, but disclaims responsibility for ensuring your complete awareness to them. Continued usage of Webporter's services after a change to this agreement constitutes your acceptance of such change or policy. We encourage you to regularly check for changes or additions.

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