FAST HIT Pty Limited ABN: 86 104 635 994 (trading as FAST.hit Web Hosting)
is a web hosting and web development company based in Perth, Western
These terms apply to every user of the Service ("client").
It is a condition of your use of the Service that you comply with these
terms and conditions.
These Terms and Conditions are subject to change as time goes by. We
will give you notice of the change and you will then be obliged to comply
with these terms and conditions as amended or cease using the Service.
This agreement commences on the date you sign up for the service and
continues until either party terminates by 30 days notice in writing
to the other party. On termination or expiry of this agreement for any
reason, we may delete all of your data from any storage media.
1. Agreement. These Terms and conditions are the terms on which we
provide the Service to you. These terms constitute the agreement in
its entirety and supersede prior agreements.
2. Server / Network Maintenance.
Scheduled Maintenance. In order to keep our servers up to date we will
perform scheduled maintenance to servers from time to time. We will
attempt to perform all scheduled maintenance at off-peak time. If the
maintenance period is expected to last for more than 30 minutes we will
post a notice regarding the maintenance to the FAST.hit announce mail
list. Unscheduled maintenance may need to be performed. During this
time the server may be off-line. In this case a notice regarding the
maintenance will be posted after it is done.
3. Data Backup. It is the Clients' responsibility to maintain local
copies of their web content and information. FAST.hit performs weekly
snapshots of all server data and daily incremental backup of all system
and client data. FAST.hit, however, strongly recommends that all clients
keep their own recent copy of their sites for any unforeseen events.
Backups are made for server restoration purposes only. In the event
of equipment failure or data corruption, you should be prepared to re-upload
your data to your account.
4. Sub-domains. We provide some domain names to be used as sub-domains.
These domain names (and all sub-domains of these domains) will remain
the property of FAST.hit. We are not liable to you or any other person
for any cost, loss or liability (including loss of profit or other consequential
damage) arising from our supply or failure or delay in supplying these
5. Payment. You must pay all Service charges, minimum charges and other
amounts incurred by you or any designated users or incurred as a result
of any use of your password (whether authorised or not) in accordance
with the billing option selected.
The hosting fees are charged monthly, one month in advance. The Hosting
Fee is inclusive of any government taxes or charges and exclusive of
any registration or delegation charges imposed by domain name authorities
or your ISP.
The fees for excess traffic usage are charged at the end of the month
for the previous months.
At the time of purchase, the client will pay the setup fee (if applicable)
and prepay a recurring amount for the selected hosting period. Clients
may select to receive invoices by email when the next payment is due
and/or after a successful credit card transaction. Excess traffic charges
(web, ftp and mail) will be billed retrospectively, for the previous
Payment Methods: We accept Credit Cards and if in Australia - Cheque
& Money Order payments.
Credit Cards. Cards accepted: Visa, Mastercard and Bankcard. If paying
by credit card, you authorise us to debit your card for the Service
fee amount at the beginning of each month, one month in advance.
Direct Deposing (EFT). At the time of purchase FAST.hit back details
will be sent to you by email.
Cheque /Money Order. THIS PAYMENT METHOD IS FOR AUSTRALIAN CUSTOMERS
ONLY. Your account will only be activated after we receive your payment.
Invoicing. Your invoice will be emailed to you at the time the payment
is due. If paying by credit card, your card will be charged automatically
and a statement emailed to you at the time of transaction. If paying
by cheque or EFT, the monies must be paid within 10 days after the invoice
All payments must be made by due date to avoid account suspension. If a credit card is
declined by the Bank, we will notify the client and attempt charging it again over a period of three days, at the end of which
we reserve the right to suspend the account without any notice.
6. Warranties. We do not warrant that: a. the services provided under
this agreement will be uninterrupted or error free; or b. the services
will meet your requirements, other than as expressly set out in this
Except as expressly provided to the contrary in this agreement, all
warranties whether express, implied, statutory or otherwise, relating
in any way to the subject matter of this agreement, are excluded. Where
any statute implies in this agreement any term, and that statute avoids
or prohibits provisions in a contract excluding or modifying the application
of or liability under such a term, then the term will be taken to be
included in this agreement. However, our liability for any breach of
the term will, if permitted by that statute be limited, at our option,
to the resupply of the services again; or payment of the cost of having
the services supplied again.
You agree to abide by our Acceptable Use policy.
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.
FAST.hit reserves the right to discontinue service to any subscriber
it deems, in its sole discretion, violates any condition of service
including the Acceptable Use Policy, and Terms and Conditions.
Client agrees to indemnify and hold harmless FAST.hit and the employees
and agents of FAST.hit against any losses, claims, damages, liabilities,
penalties, actions, proceedings or judgments (collectively, "Losses")
to which an Indemnified Party may become subject and which Losses arise
out of, or relate to this Agreement or Subscriber's use of the Services
and Products, and will reimburse an Indemnified Party for all legal
and other expenses, including reasonable attorneys' fees incurred by
such Indemnified Party in connection with investigating, defending or
settling any Loss whether or not in connection with pending or threatened
litigation in which such Indemnified Party is a party.
FAST.hit shall not be liable for (a) any indirect, incidental, special
or consequential damages, or for any loss of profits of loss of revenue
resulting from the use of FAST.hit's services and products by the client
or any third parties, or (b) any loss of data resulting from delays,
nondeliveries, misdeliveries or service interruptions. FAST.hit provides
the services and products as is, without warranty of any kind, whether
express or implied. FAST.hit disclaims all implied warranties, including,
but not limited to, the implied warranties of merchantability or fitness
for a particular purpose. Client shall be solely responsible for the
selection, use and suitability of the services and products and FAST.hit
shall have no liability therefore.
This agreement and the transactions contemplated by this agreement
are governed by the law of Western Australia.
This is the Fast.hit Web Hosting Acceptable Use Policy. It applies to
you if you are a FAST.hit Hosting User ("you").
Customer: the person or company which has entered into an agreement
with FAST.hit for supply of Services whether via our website or otherwise.
Service: hosting and domain registration services offered by FAST.hit
Web Hosting that you use.
Users: users of the Service by the Customer.
General. FAST.hit is not responsible for the content of traffic:
- We exercise no supervision or control whatsoever over the content
of the information passing through our network.
- We accept no responsibility for the consequences of unauthorised breach
of our system security such as hacking or denial of service attacks.
You are responsible for use of your account. If you permit others to
use our service, you are responsible for making users of the service
aware of this policy and obtaining compliance of your users with this
Account Uses. You may use the service for the purpose of web site hosting
so long as such use is legal and does not constitute an unacceptable
FAST.hit does NOT allow ADULT material of any kind. Adult material
includes nudity, porn etc. Links to other web sites containing adult
material are NOT permitted either. FAST.hit reserves full right to suspend
any account that does not comply with this guideline.
You may not use the Service for any purpose that violates local, State,
Federal or international laws.
You may not use the Service for spamming (sending unsolicited advertising
to those with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using a return
email address which is not the valid reply address of the sender or
sending an email message which does not contain enough information to
enable the recipient to identify the party who is really sending the
message), generating extremely high volumes of outgoing mail than a
normal user, and subscribing someone else to an electronic mailing list
without that person's permission.
FAST.hit Services may not be used as a conduit of spam, or for transit
of spam, or for activities relating to the propagation of spam or benefiting
thereof. FAST.hit remains the final arbitrator of what is or is not
considered spam on the FAST.hit network.
Distribution of mass emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed. Mailing lists may
not be used to distribute unsolicited email.
You may not abuse our server resources. Running programs in the background
on a our server without our prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable
uses of FAST.hit servers. In addition any domain that exceeds reasonable
bandwidth usage can be terminated without prior notice.
You may not use FAST.hit servers for development purposes. The Client's
web site must be fully developed and tested before it can be moved to
our servers. If we find excessive number of errors in the web log files
of your account, we reserve the right to suspend your account without
prior notice until your web site is debugged.
You may not use your FAST.hit hosting account as a download repository.
If you plan to offer files, other than web page files, for downloading,
including music and video files, you must negotiate the terms with FAST.hit.
We reserve the right to suspend such accounts without prior notice.
You may not use your account for Hacking/Cracking. We reserve the right
to report illegal activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
The Client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery.
The Client is responsible for securing their username/password.
We may monitor your account but will respect your privacy. We may monitor
the conduct of your account to determine whether this policy is being
We may suspend or terminate your account and/or notify the authorities.
If we believe that your use of the service may break the law or that
you have not complied with this policy we may warn you by email (but
we are not obliged to do so); suspend your access to the service; terminate
your account without notice; and/or notify and provide relevant information
to the authorities, as appears appropriate in the circumstances.
These terms and conditions are subject to change without notice.
You agree that you will have no claim against FAST.hit Web Hosting
in respect of any action reasonably taken by FAST.hit Web Hosting in
its implementation of the terms of this Acceptable Use Policy, and you
indemnify FAST.hit Web Hosting against any claim by a User arising out
of the same.
All information incorporated within this web site is © of FAST.hit
The information included in this web site is subject to change without
FAST.hit makes no representation or warranty whatsoever regarding the
completeness, accuracy, currency, adequacy, suitability or operation
of this web site, or of the information it contains.
By using this web site you assume the risk that the information on
this web site may be incomplete, inaccurate, out of date or may not
meet your requirements.
FAST.hit is committed to protecting the privacy of our clients. We want
to provide a safe and secure user experience. We will use our best efforts
to ensure that the information you submit to us remains private, and
is used only for the purposes as set forth herein.
We do not and will never disclose information about your individual
visits to the site, or personal information that you provide, such as
your name, address, e-mail address, telephone, number, credit card details,
etc., to any outside parties without your permission.