Email Virus Scanning Terms and Conditions

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

1. Introduction

This is an agreement between Westnet Pty Ltd ("Westnet") and users of Westnet Email Virus Scanning Service ("Service"). In using this Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.

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 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. Virus scanning will however commence from the next working day after the request has been forwarded. The cost for this service is $99.00 (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. Refunds

Once Virus Scanning has been requested and paid for, there will be no refund or credit for time not used should an account be cancelled or suspended. Licenses are not transferable between email addresses.

4. Best Endeavors

Westnet agrees to use its reasonable best endeavours to maintain the general availability of the Service to scan email messages against a periodically updated database believed by Westnet to contain patterns of computer viruses, worms and trojans.

5. Disclaimer

Westnet does not however accept responsibility for any loss or damage, however caused (including through negligence), which you or a third party may directly or indirectly suffer in connection with your use of this Service. Without limitation to the foregoing, Westnet does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of virus patterns used by the Service. Westnet disclaims all express and implied warranties with regard to the Service, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

6. Exception to Disclaimer

The disclaimer set out in these terms and conditions is not affected or modified by any of the other terms and conditions set out below. Nevertheless the disclaimer does not attempt or purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.

7. Use of Service

Emails are scanned prior to reaching Westnet`s mail server. If you require virus scanning on each email address, you must nominate this. If you just scan the email address that is receiving redirected email, the redirected email will not be scanned, unless it is being redirected from a source external to the Westnet network.

8. Specific (Warnings)

You acknowledge that computer viruses can enter your computer through means other than by email. You also acknowledge that new computer viruses may be released every day and that it is impossible for the Service to provide complete protection against viruses carried by email. Westnet recommends that you should install anti-virus scanning software in addition to this Service in order to completely protect your computer system against viruses. Westnet recommends that you consult a professional computer technician for advice as to how to adequately protect your computer system against viruses.

9.  Amendments

Westnet may modify these terms of use at any time, and such modifications shall be effective immediately upon posting of the modified terms of use. Accordingly, you agree to review the terms of use periodically, and your continued access or use of the Service shall be deemed your acceptance of the modified terms of use.

10. Assignment

You may not assign the benefit of this contract or the Services to any other person without prior written consent from Westnet.

11. Termination of Service

The Service may be terminated at any time by Westnet without notice. Westnet’s disclaimer will nevertheless survive any such termination. Should your use of the Service be terminated by Westnet prior to the expiration of any period for which you have paid fees for use of the Service, a pro rata refund of those fees may be paid to you at Westnet reasonable discretion.