Domains Email Protection Terms and Conditions

In consideration of the mutual covenants herein, the parties agree:

1. Introduction

The Customer agrees to pay all Westnet accounts promptly and in full and to comply with the terms and conditions contained in this agreement in return for the supply and delivery of the Service by Westnet. If requested by the Customer, Westnet may include within the Service, additional email addresses.

2. Accounts

Accounts for the service are to be paid on an annual basis, as this is the same basis on which the virus scanning and filtering software is licensed to Westnet. Regardless of what day of the month you submit your subscription to the Service, the invoice will be raised from the start of the following calendar month. This invoice will cover the next 12-month period from that date. Email Protection will however commence from the next working day after the request has been forwarded. The cost for this service is $119.00 (GST inc) per domain per year. If your account is normally paid through an automatic payment system then the payment for this service will be debited to your Credit Card or Direct Debit account.

3. Acknowledgements

    3.1 The Customer acknowledges that:

    (a) The Customer will not be entitled to seek a refund or credit for unused time where an account is terminated or suspended;

    (b) The Customer will not be entitled to transfer, assign or otherwise transmit licenses between email addresses;

    (c) The Customer acknowledges that spam, viruses, worms and Trojans (together "Viruses") can infect computers through means other than email.

    (d) Westnet does not represent or warrant that the Service will protect the Customer against Viruses, howsoever transmitted;

    (e) The Customer shall not sell, assign or otherwise transfer any right under this agreement, including to the Services, without the prior written consent of Westnet;

    (f) Westnet does not provide any undertakings, promises, representations, warranties, guarantees or indemnities to the Customer in respect of the Service; and

    (g) The Customer must not use the Service for, or in association with, any safety critical applications such as, without limitation, medical systems, transport management systems, vehicle and power generation applications.

4. Best Endeavors

    4.1 Westnet will use its best endeavours to:

    (a) Maintain general Service availability to the Customer; and

    (b) Scan and filter email messages so as to avoid Viruses and Spam.

5. Disclaimer

    5.1 Westnet does not accept responsibility for any loss or damage, howsoever arising or howsoever caused (including through negligence), which the Customer or any third party may suffer in connection with use of the Service. Westnet does not warrant or represent the accuracy of the scanning and filtering of Viruses and Spam by Westnet and will not be liable for any loss or damage to the Customer suffered as a result of reliance by the Customer upon the effectiveness of such activities incorporated within the Service.

    5.2 Westnet does not make any representations or warranties whatsoever to the Customer as to:
    (a) The provision of the Service by Westnet, including its ability to detect and remove Viruses; or
    (b) The merchantability, fitness for a particular purpose and/or non-infringement of intellectual property rights in relation to the provision of the Service to the Customer by Westnet.

6. Exception to Disclaimer

    6.1 Westnet does not attempt or purport to exclude liability in relation to any term expressed or implied by law which cannot be lawfully excluded.

7. Use of Service

    7.1 The Customer will notify Westnet in writing of any email address, including any redirected accounts, in respect of which the Customer may require the Service to be performed by Westnet.

8. Ammendments

    8.1 The Customer agrees that Westnet may modify the terms of this agreement from time to time.use.

9.  Assignment

    9.1 The Customer agrees that Westnet may suspend or terminate the Service at any time and without notice.
    9.2 If Westnet terminates the supply and delivery of the Service to the Customer prior to the expiration of a period for which the Customer account is in credit, Westnet may in its sole and absolute discretion, provide a pro-rata refund of the relevant amount to the Customer.

10. General

    10.1 Prior to entering into this agreement, the Customer represents and warrants to Westnet that the Customer has read, understood and agrees to be bound in full by the terms of this agreement, the Westnet General Conditions and the Westnet Email Protection Agreement.
    10.2 All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.
    10.3 A current copy of this agreement may be obtained on the Westnet website.
    10.4 This agreement is to be governed and construed according to the laws in force in Western Australia.