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Service and Usage Agreement

HomepageService and Usage Agreement

1. Parties

This Hosting Service Agreement ("Agreement") is entered into  between:

Provider: Logix Development, a company registered in Australia

Client: You.

2. Services Provided

Provider agrees to provide hosting services ("Services") to Client, including but not limited to:

  • Provision of server space and resources necessary to host Client's website(s) and associated content.
  • Network connectivity and bandwidth to facilitate access to hosted content.
  • Technical support and maintenance as necessary to maintain agreed uptime levels.

3. Service Level Agreement

Provider agrees to use commercially reasonable efforts to ensure a minimum uptime of 99.9% ("Service Level Agreement" or "SLA"). This uptime excludes scheduled maintenance and circumstances beyond Provider's reasonable control.

4. Client Responsibilities

Client agrees to:

  • Comply with all applicable laws and regulations of Australia and international laws regarding the use of the Services.
  • Refrain from engaging in illegal activities or hosting illegal content on Provider's servers.
  • Refrain from any activity that may cause harm to Provider's network, servers, or other clients' ability to use the Services.
  • Pay for any excess bandwidth or resource usage beyond the allocated limits as defined by Provider's standard terms.

5. Bandwidth and Resource Usage

Provider reserves the right to monitor Client's bandwidth and resource usage. If Client exceeds the allocated limits defined in the service plan:

  • Provider may charge additional fees for excess usage.
  • Provider may suspend or terminate Services if excess usage is deemed excessive or detrimental to Provider's network or other clients.

6. Content Restrictions

Client agrees not to host, upload, transmit, or store any content that:

  • Violates any laws, regulations, or third-party rights (including but not limited to intellectual property rights).
  • Contains illegal, obscene, defamatory, or otherwise objectionable material.
  • Promotes or facilitates illegal activities.

7. Service Termination

Provider reserves the right to terminate this Agreement and suspend Services immediately if:

  • Client breaches any material provision of this Agreement, including but not limited to illegal activities, excessive bandwidth/resource usage, or hosting illegal content.
  • Client's conduct poses a security risk or disrupts Provider's network or services.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party.

9. Limitation of Liability

Provider's liability for any claim arising out of or related to this Agreement shall not exceed the fees paid by Client under this Agreement during the 12-month period preceding the event giving rise to such liability.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in [City], Australia, in accordance with the rules of the Australian Arbitration Association.

11. Miscellaneous

  • This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
  • No modification or amendment to this Agreement shall be binding unless in writing and signed by both parties.

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