Reseller Terms and Conditions

General Terms & Conditions

1. Obtaining BB Seen services:

1.1 These terms detail your agreement ('Agreement') with BB Seen for the supply to you of via the BB Seen Network, to the Internet and related services, such as web site hosting services ('Service') as governed by these terms and conditions ('Terms').

1.2 You can apply for access to the BB Seen service by completing the relevant documentation as directed by BB Seen, either by telephone from BB Seen, or in person from BB Seen. You can also apply for access to the service through the BB Seen web site.

1.3 If your application to BB Seen is accepted, under this agreement BB Seen will provide you with dial-up access to the Internet (your 'Account'), although BB Seen does not promise that your access to the Internet will be uninterrupted or error free.

1.4 Your use of the Service constitutes acceptance of these terms.

1.5 You warrant that you are over 18 years of age.

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2. Fees and Payment:

2.1 BB Seen uses the services of Internet Bill Processing Australia (IBPA) to collect monies on it’s behalf. Any statements and communications regarding the billing of your account may show the name Internet Bill Processing Australia as an authorized agent to bill for BB Seen.

2.2 You agree to pay our account in full when due. We may charge you interest on any overdue account at the rate of 2% per month (24% per annum) calculated on a daily basis. If we refer your overdue account for debt collection then you agree to pay any fees, charges, disbursements and commissions as if your account was a debt for collection which you had given us to collect.

2.3 You must pay:

a. All charges for the Service as notified to you by IBPA; and

b. Any applicable taxes on the charges (including, but not limited to, a Goods and Services Tax) even if a third party incurs the charges using your account.

c. For the entire term of the agreement regardless of whether the account is being used or not.

2.4 All charges will be determined, and must be paid, according to the conditions detailed for your specific account type, as set out in your account documentation and on the BB Seen web site, or as otherwise notified by BB Seen. Any such conditions for specific account types form part of this agreement.

2.5 IBPA will notify you of any charges you have incurred.

2.6 You agree that BB Seen's records constitute conclusive evidence of your use of the service, and that we are entitled to rely on those records when determining what charges you may be liable for, or any other relevant issue.

2.7 BB Seen may vary any terms of this Agreement including any fees, rates and charges:

a. Without notice to you if the variation arises due to a change in taxation law or other governmental action; or

b. By providing commercially reasonable notice to you of any other variation. Your continued use of the Service after such notice will constitute acceptance of the variation.

2.8 From time to time BB Seen may undertake promotions and make special offers in relation to the Service ('Promotions'). All Promotions are offered subject to their terms and may be withdrawn or altered at BB Seen's discretion. The terms of a Promotion will override these Terms to the extent of any inconsistency.

2.9 You agree that if you have paid for the Service in advance and you stop using the Service for any reason, you are not entitled to any refund except to the extent that BB Seen is required by law to give a refund. This does not limit BB Seen's right to give a refund for any reason at its sole discretion.

2.10 Set-up fees and hardware purchases may be paid by cash, credit card, bank debit, bank cheque or money order.

2.11 The fixed monthly Payment relevant to your account style must be paid monthly in advance. The fixed monthly payment is due regardless of whether the Service is being used or not.

2.12 You agree to maintain any credit card or bank account details used for the payment of your account. You must notify BB Seen of new details 14 days before the expiry date of your credit card or bank account closure. You are responsible for any bank fees and charges incurred by failure to provide correct and current details.

2.13 You must ensure that there are sufficient funds available in your credit card or bank account to cover each payment as it becomes due. Any fees that your bank may charge you due to insufficient funds are your responsibility.

2.14 All invoices and receipts will be sent by email at no charge. You may also request that a paper invoice and/or receipts be posted to you. The charge for this service is $3 per month per account.

2.15 BB Seen will disable your account if payment can not be processed for any reason including insufficient funds or incorrect or changed card details. NO NOTICE WILL BE GIVEN and your account will continue to attract ongoing charges while disabled.

2.16 Deactivated accounts will be reactivated as soon as possible, once outstanding monies have been paid. There will be a charge of $15 payable at the time of account reactivation.

2.17 Accounts not paid by the Due Date will attract a $15 late payment fee.

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3. Provision of the Service:

3.1 BB Seen agrees to provide to you Internet access, and related services, such as web site hosting services and e-mail, as per the conditions of your specific account type and these Terms (the 'Service').

3.2 BB Seen makes no representations about the reliability of the Service or its suitability for a particular purpose.

3.3 BB Seen may change, adjust or otherwise alter aspects of the service including but not limited to download allowances, at its sole discretion. Where possible BB Seen will give commercially reasonable notice via e-mail, our web site, or any other means, of any such changes to the service, but is not required to give said notice.

3.4 BB Seen reserves the right to add features to the Service and make them available to you for an additional fee. Access to the additional features will be contingent upon you agreeing, either in writing or verbally, to pay any additional fee. You will not be charged for access to any additional features unless you have so agreed. Such additional features will be subject to their own conditions as notified by BB Seen and may be withdrawn or altered at BB Seen's discretion. The terms under which any additional feature is offered will override these Terms to the extent of any inconsistency.

3.6 BB Seen reserves the right to restrict or terminate accounts that put an unreasonable load on the network. This is not limited to but including accounts that:

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4. Use of the Service:

4.1 You agree that you will use the Service in a responsible manner. In particular, and without limiting this clause, you agree that when using the Service, or providing information to us in relation to the Service, you will not, nor will you allow others to;

a. Distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice; or

b. Distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights); or

c. Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or pedophilia; or

d. Commit a crime or facilitate the committing of a crime; or

e. Engage in any activity which is in breach of, or fails to comply with, any applicable rule, regulation, standard or code of practice; or

f. Perform or facilitate the mass distribution of unsolicited advertising material or any other material (commonly referred to as ‘spam’);or

g. Use the Service, or invite or direct persons to use the Service, to access any content which it is illegal to publish; or

h. Fail to clearly identify any material which is advertising or adult only material so that third persons can make an informed decision whether to access that material or not; or

i. Fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you relating to the Service, and you must change your account, identifier or password immediately on request to do so from us; or

j. Cause or help to cause the security or integrity of the Service or any other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.

4.2 You agree that where contrary to this agreement you have performed or facilitated the mass distribution of unsolicited advertising material or any other material, IBPA will charge you at a rate of $2 per individual email recipient. You agree that BB Seen will make sole determination as to whether the offending mail is deemed to be ‘spam’ or not.

4.3 You agree that you will comply with any rules imposed by any third party whose content or services you are accessing or using, or any policy adopted by BB Seen and that you will not use the Service in a manner which is likely to expose BB Seen to any liability.

4.4 You acknowledge that from time to time the Australian Broadcasting Authority (ABA) may direct BB Seen to remove from its servers any prohibited Internet content. BB Seen may also be directed to prevent users of our network accessing any such content. BB Seen may and will take any steps necessary to ensure compliance with any ABA directive or industry code of practice.

4.5 You will not resell the service or in any way assign your rights to use the service to any third party.

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5. Maintenance:

5.1 Periodically, scheduled maintenance will be undertaken to our servers to limit unforeseen outages. This will be done at a time that will affect the least amount of our Resellers and respective clients. If during this maintenance, downtime of more than 30 minutes occurs, 48 hours notice will be sent to the primary contact email address supplied in your reseller account details. (This can be found within your Plesk control panel.)

5.2 If unscheduled maintenance occurs and the service is offline for more than 30 minutes details will be published and made available via your Plesk control panel login.

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6. Data Backup and Allocation:

6.1 All server data is backed up on a regular basis for the purpose of disaster recovery. In the event of equipment failure or data corruption we will restore from last known good archive. Although all due care is taken to provide backup recovery, in the event of total data corruption to all archives you should be prepared to upload your most recent data.

6.2 Backup and restore tools are provided to all domain owners hosted on the server and so therefore is the responsibility of the owner to schedule and maintain a working backup at all times

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7. Disclaimers and Liability:

7.1 To the extent allowed by law, BB Seen is not liable to you or any third party claiming through you, for any loss, damage or costs sustained by you or any third party in relation to your use of the Service, including but not limited to;

a. Any delay or failure by us to transmit any data; and

b. Any difficulty or failure by you in receiving data; and

c. Any erasure or corruption of any data; and

d. Any consequential loss including loss of profits or business; and

e. Any other event or factor occasioning loss or damage to you or a third party.

7.2 Should BB Seen be found under any applicable law to be liable to you in any way, such liability will, to the extent allowed by law, be limited to the cost of providing the Service again, or the amount of any pre paid access to the Service not used.

7.3 BB Seen does not make any representations or warranties regarding the suitability, reliability or your right to use or distribute, any software provided to you by BB Seen. This includes but is not limited to:

a. "Set up" software and associated applications; and

b. Any application or driver/firmware upgrades.

7.4 BB Seen provides Technical and Customer support. You acknowledge that support is offered free of charge and that BB Seen makes no representation or warranty as to the accuracy of the Support offered. Further, you indemnify BB Seen against any loss or damage incurred by you as a result of your use of the Support offered.

7.5 You indemnify BB Seen and IBPA against any costs, expenses, loss or liability we may incur resulting, directly or indirectly, from:

a. Any breach of these Terms by you; or

b. Any use or misuse of the Service by you or any third party using your account.

c. Recovering monies owed by you.

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8. Suspension and Termination:

8.1 BB Seen reserves the right to terminate or suspend your account, at our sole discretion, in the event of any breach of these Terms by you or anyone using your account. Such termination or suspension may be without notice to you.

8.2 BB Seen may suspend your account for technical reasons and will attempt to provide notice to you if this is necessary. It may not be possible to provide notice to you of a suspension of your account due to technical reasons.

8.3 BB Seen may suspend or terminate your account for any reason on 24 hours notice to you.

8.4 You can only terminate accounts if they are out of the contract period, or you pay the agreed termination fee. You must provide a minimum of 14 days notice if you wish to terminate your account.

8.5 If your account is terminated for whatever reason you must pay any and all outstanding fees and charges immediately.

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9. Privacy:

9.1 BB Seen may make any disclosure of your personal information that BB Seen is required to make by law.

9.2 Clause 9.1 not withstanding, BB Seen will not resell or distribute in any way information from our records, which is personally identifying of you, including your e-mail address.

9.3 You are entitled to see and correct any account information BB Seen holds about you.

9.4 BB Seen may contact you from time to time using electronic and other means, to notify you of;

a. Critical information relating to your use of services with BB Seen.

b. Specials or promotions that may be relevant to you.

c. Changes to the services offered by BB Seen.

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10. Support:

10.1 Purchase of a BB Seen Reseller account includes free telephone and e-mail support of that account.

10.2 BB Seen support personnel are not able to make outgoing support calls to mobile telephones or long distance charged lines.

10.3 BB Seen support personnel are not able to advise you on networking issues.

10.4 Advice provided by support staff is of a general nature only and further assistance from a suitably qualified person may be required at your expense.

10.5 We do not warrant that our support advice will resolve all problems encountered by a Product or Service.

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11. General:

11.1 BB Seen may amend or change these Terms by giving you reasonable notice, by e-mail, through our Web Site, or by other means. Your continued use of the Service after the implementation of any amended Terms shall constitute acceptance of the new Terms.

11.2 If a provision of these Terms is found to be void, voidable or unenforceable, it may be severed from the Terms without affecting the operation or the remainder of the Terms.

11.3 The laws of South Australia govern these Terms, and each party submits to the jurisdiction of the courts of that state.

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BB Seen Reseller Terms & Conditions Version 07.08.07