Time Sentry Solutions Pty Ltd  -  Terms & Conditions






1 Introduction
2 Outline
3 Background
4 Definitions
5 General terms & conditions
6 Fees
7 Refunds
8 Payment chargebacks
9 Service cancellation
10 Right to deny
11 Notification
12 Your statement to us
13 Privacy policy
14 Applicable law
15 Waiver
16 Further assurance
17 Releases and indemnities
18 Limitation of liability
19 Registrant authority
20 Agreement amendment
21 Reasonable control
22  Time Sentry Solutions Pty Ltd Specific terms
23 Amendment
24 General

1 Introduction

These terms and conditions (Agreement) are a legal agreement that govern your use of the services/products provided by Time Sentry Solutions Pty Ltd. By applying, using or continuing the use of the services you indicate and acknowledge and agree to be bound by the terms and conditions of this agreement. This agreement does not cover services/products individually supplied by resellers and only covers services/products supplied by Time Sentry Solutions Pty Ltd.

Information on this page is Copyright 2000-2009 by Time Sentry Solutions Pty Ltd, no duplication of these terms cannot be generated without written permission.

2 Outline

These terms and conditions contain:

A specific section on any matter overrides any general term on the same matter and any inconsistencies between the specific and general sections shall be resolved by giving precedence to the specific section.

3 Background

We do not operate any part of the data storage systems, or grant licensing for data storages. Those actions are maintained by the relevant registry(s) who are independently run beyond our control

We are the data storage registrar, our obligations include:

This document contains the terms and conditions that apply between you, us and the services we provide.

This document indicates the terms and conditions that are imposed by the relevant operators and the governing bodies to which they are associated.

4 Definitions

Registrant The current licensee of a Time Sentry Solutions product.
Member A person who registers with us as a member and is provided with a member ID.
Time Sentry Solutions Pty Ltd Time Sentry Solutions Pty Ltd ABN 74 130 221 260.
Registrar Entity responsible for the provision of data storage licenses.
Registrar of record Entity by which a specific product is licensed through.
Registration fee Current charge in respect of a data storage license.
Registration period The period that a data storage license lasts for.
Registry operator The entity which issues data storage licenses and maintains their respective records.
Renewal fee Current charge in respect of renewing a data storage license.
We, us, our, etc Time Sentry Solutions Pty Ltd ABN 74 130 221 260, trading under a number of business names and through resellers and other agents.
You, your, etc A person who requests the provision of any services provided by us as a registrar.
Service Any product, license, package or account offered by us.
Days Calendar days, unless specified otherwise.
Supplier Any third party which provides a product/service which we resell/offer to you.

5 General terms & conditions

The following clause (5) applies in every case.

5.1 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution of data storage licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration of data storage environment and therefore subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

5.2 Data Storage licensing

The issue of a data storage license entitles you to status of licensee for your data storage environment. A data storage is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation of (and so on) a data storage environment merely reflect the application, registration, activation of (and so on) a data storage license.

A data storage license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a data storage license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a data storagelicense is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of data storage licenses.

5.3 Data Storage application

In order to apply for a data storage license, you must:

  • Complete our application form in full
  • Read and agree with our service agreement
  • Submit the appropriate registration fee (if applicable)
  • Satisfy any requirements pertaining to the data storage license being applied for, and any other requirements notified by us

Submission of an application does not assure you of a data storage license, even if a preliminary check indicates storage availability.

Your application's success is fulfilled only if:

  • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department
  • Your application complies with the association requirements and policies of the applicable registry operator
  • The applicable registry operator approves your application and permits the issue of a data storage license
  • We have notified you in writing of the final approval of your application

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, Time Sentry Solutions Pty Ltd shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

5.4 Data Storage registration period

A data storage license has a fixed period once activated.

Some data storage licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The data storage license period (pending its approval) will be that applied for.

5.5 Registration renewal

You may renew your data storage license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your data storage license. If you fail to do so prior to the end of previous license term your data storage license will be terminated and any new application will require a new set up.

You release us from any potential claim arising from your failure to renew a data storage license.

We may elect to send notification of pending renewal as a courtesy, however:

  • We are never obliged to do so
  • You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional

You are not obliged to renew your data storage license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your data storage license you shall:

  • Agree to any fees required as directed
  • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator
  • Indicate the period for renewal from the available renewal periods as specified by us

A renewal is only successful if:

  • The renewal fee has been paid and honoured
  • Your renewal complies with the services agreement, polices and requirements of Time Sentry Solutions Pty Ltd and the relevant registry operator
  • The relevant registry operator approves the renewal request
  • We have notified you in writing that your application for renewal has been approved

The period of your renewed data storage license is taken to commence from the date of expiry of your previous license.

6 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes are not retrospective.

Charges for a service are those published at the time you request it. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, unless under express consent of Time Sentry Solutions Pty Ltd.

Failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. We may, at our discretion, choose to send notification of expiry but are not obliged to do so. It is your responsibility to ensure that your electronic contact address is valid, active and correct. We cannot be held responsible for any loss/suspension/termination of any service.

7 Refunds

We have a NO refund policy. we may however offer a refund only if a cancellation request is filed within 72 hours of order application.

It is your responsibility to ensure products and services are utilized as instructed and to their full potential. Refund will not be offered if there is evidence of inadequate or incomplete usage of the product or service. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus $15 surcharge.

It is your responsibility to ensure the appropriateness and compatibility of the products and services that you are purchasing. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision.

It is your responsibility to ensure the appropriateness and compatibility of the products and services that you are purchasing. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision.

8 Payment chargebacks

 

You cannot not seek to reverse a payment (chargeback) in your favour.

We may hold you to the transaction resist the chargeback and charge you reasonable costs for doing so. We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.

9 Service cancellation

9.1 Data storage cancellation

If your data storage license is cancelled for any reason, under these terms or registry operator requirements will remain suspended for a 30 day period; then all data will be distroyed and you release us from any claim arising from the cancellation.

9.2 Service cancellation

We hold the right to suspend/cancel/terminate any service for any of the following:

  • Non-payment or failure to renew service
  • Chargeback/reverse of payment
  • If we have reason to believe you are not using the services in accordance with this service agreement
  • If a competent regulatory authority/body requires us to do so
  • At our sole discretion

Service provision may also be suspended/cancelled or terminated:

  • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame
  • If you do not comply with our breach notice

You release Time Sentry Solutions Pty Ltd of any claim arising suspension, cancellation or termination of any service.

10 Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of Time Sentry Solutions Pty Ltd or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

11 Notification

We may provide notification or communication by:

Any notification or communication is deemed to have been received by you as follows:

12 Your statement to us

You undertake to us that if you; apply for, use, renew or take ownership of any service that:

13 Privacy policy

Below is our privacy policy. This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

13.1 Information that is collected

We collect or maintain the following personal information about our users:

  • Name
  • Address
  • Telephone Number
  • Email Address
  • Username & Password

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously.

13.2 Cookies

Our website may track user access sessions using cookies, without your specific knowledge or participation, by automated means in the course of your use of our network. Cookies are a Web browser technology that is used to improve your experience of using our website, but are not used to record any personal information. You may disable cookies in your Web browser at the cost of some possible loss of functionality in your use of our website.

13.3 Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

  • To administer our network;
  • For billing purposes;
  • For any other purpose for which you would reasonably expect your personal information to be used;
  • For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988.

13.4 Disclosure of your personal information

Your personal information may be disclosed in the following circumstances:

  • To authorised officers of Time Sentry Solutions Pty Ltd and our agents for the purpose of administering our network or for billing or credit collection purposes
  • Under compulsion of law, for example if a warrant or court order is received
  • To lessen or prevent a serious and imminent threat to an individual's life or health
  • To you or with your consent;
  • For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

13.5 Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at ceo@timesentrysolutions.com. The Privacy Officer shall attend to your request on a confidential basis within 14 days of the request being received.

13.6 Fees for access to personal information

No fee will be levied for access to your personal information.

13.7 Refusal of access

Access of your personal information may be refused if:

  • Providing access would pose a serious and imminent threat to life or health of a person
  • Providing access would create an unreasonable impact on the privacy of others
  • The request is frivolous and vexatious
  • Denial of access is authorised or required by law
  • For any other reason authorised by the National Privacy Principles set out in the Privacy Act of 1988

13.8 Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention which you may do by email to the Privacy Officer at ceo@timesentrysolutions.com.

13.9 Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

13.10 Amendments to privacy policy

We may amend the terms applying to the use of your personal information at any time, subject to informing you of the amendments by publishing the revised policy on our website.

14 Applicable law

This agreement is governed by the law of Queensland.

Each party submits to the exclusive jurisdiction of the courts of Queensland.

This agreement embodies the entire understanding and agreement between the parties as to the subject matter of this agreement.

15 Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date or operate as a waiver of our rights in the matter.

16 Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

17 Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold harmless:

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

18 Limitation of liability

This agreement does not exclude some laws, particularly the Trade Practices Act 1974. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

19 Registrant authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

20 Agreement amendment

We may amend this agreement at any time. Amended terms take effect when they are published unless otherwise specified following which if you continue to use the services, you are deemed to have agreed and be bound to such amendments. We maintain the ability to amend this agreement with retrospective effect in response to any illegal or antisocial conduct that is occurring or likely to occur.

New and amended registry operator requirements may take affect from time to time as indicated by clauseX

21 Reasonable control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

22  Time Sentry Solutions Pty Ltd Specific terms

The following clause (22) applies specifically to Time Sentry Solutions Pty Ltd data storages.

22.1 Data storage license registration

Your application for data storage must be in the form prescribed under the Published Policies. The data storage must comply with the Published Policies.

You accept that neither you, nor we, have any proprietary right arising from the registered data storage, or the entry of a data storage in the data storages registry.

All personal information pertaining to you are held by Time Sentry Solutions for the benefit of the Australian public.

22.2 Data storage license

Your data storage license will be effective for a one year period, once:

  • Your application is accepted and approved by us.
  • You have paid the applicable fees
  • Unless it is cancelled earlier under the terms of this document or under any Published Policies

Your data storage license may be renewed every year, as long as you:

  • Pay the applicable renewal fees
  • Continue to meet the eligibility criteria prescribed in the Published Policies

You accept that it is your responsibility to ensure that your data storage license is renewed.

You may cancel your data storage license at any time by notifying us in writing.

We may cancel your data storage license if you breach any provision of this document. We reserve the right to hold payment and deny refund.

22.3 Your statement to us

You confirm and state to us that:

  • All the information set out in your data storage application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith
  • You meet, and continue to meet, for the duration of the data storage license, the eligibility criteria prescribed in the Published Policies for registering the data storage
  • You have not previously submitted an application for registration with another registrar, a data storage which is the same as the data storage, in circumstances where:
    • You are relying upon the same eligibility criteria for both data storages
    • The data storage has previously been rejected by the other registrar
  • Your registration or use of the data storage does not infringe any person's legal rights
  • You are aware that even if the data storage is accepted for registration, your entitlement to register the data storage may still be challenged by others who claim to have an entitlement to the data storage

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your data storage license.

You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

22.4 Our obligations to you

Once your data storage application is accepted and approved, we will cause your data storage details to be entered in the data storages registry.

We will give you immediate notice if:

  • We are no longer an accredited registrar

Time Sentry Solutions Pty Ltd may post notice of:

  • The fact that we are no longer an accredited registrar
  • The suspension or termination of our Accreditation
  • The termination of our registration to operate as a business,

On its web site, and may, if it considers appropriate, give such notice to you directly.

22.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

  • There are mandatory terms and conditions that apply to all data storages licenses, and such terms and conditions are incorporated into, and form part of, this document
  • You are bound by, and must submit to, the Time Sentry Solutions Dispute Resolution Policy (TSSDRP)
  • Time Sentry Solutions Pty Ltd may delete or cancel the registration of any data storage

Throughout the period of your data storage license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

22.6 Use of your information

You give to:

  • Time Sentry Solutions, the right to publicly disclose to third parties, all information relation to the registered data storage in accordance with the Published Policies
  • us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the data storage in the data storages registry
  • the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered data storage to enable the Registry Operator to provide that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

22.7 Dispute resolution

Time Sentry Solutions has in place a dispute resolution called the TSSDRP (which stands for Time Sentry Solutions Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a data storage license holder, or between a data storage license holder and a third party, in relation to entitlements to data storages.

The TSSDRP binds you and us severally as if it were incorporated in this document.

You accept that:

  • Time Sentry Solutions may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us
  • Such policies bind you and us severally as if they were incorporated in this document

22.8 Limitation of liabilities

You cannot pursue any claim against Time Sentry Solutions or against us, and to the fullest extent permitted by law, neither Time Sentry Solutions nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of Time Sentry Solutions or us, or any of Time Sentry Solutions's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with Time Sentry Solutions.

You agree to indemnity, keep indemnified and hold Time Sentry Solutions and us, and Time Sentry Solutions's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the data storage.

You accept and agree that if we have any outstanding fees owing to Time Sentry Solutions, which gives Time Sentry Solutions a right to terminate our your agreement with Time Sentry Solutions, then Time Sentry Solutions may in its sole discretion terminate the agreement.

You accept and agree that neither Time Sentry Solutions nor we are responsible for the use of any data storage in the data storages registry, and that Time Sentry Solutions is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a data storage license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither Time Sentry Solutions nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of Time Sentry Solutions or us, and our respective employees, agents, or sub-contractors.

Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

22.9 Our agency

We enter into this document as agent for Time Sentry Solutions for the sole purpose, but only to the extent necessary, to enable Time Sentry Solutions to receive the benefit of the rights and covenants conferred to it under this document.

22.10 General

In this document:

  • A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties
  • A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form
  • Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document
  • Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

This document is governed by and is to be construed in accordance with the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and waives any right to object to proceedings being brought in those courts.

22.11 Register is the record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

22.12 Payment of fees

You agree to pay for the services we provide to you.

We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.

Our usual fees are for data storage license registration and renewal. We may also charge for any other services provided by us. We will tell you before any additional charge is incurred.

Our prices are stated in Australian (AUD) dollars and include GST (10%).

22.13 Suspension and refusal to supply services

If you do not pay our charges for a data storage registered to you we may:

  • Cancel registration of that data storage
  • Refuse to provide a service you request

22.14 Cancellation of a data storage

If we are going to cancel the registration of a data storage registered to you as a result of you not paying our charges relating to that registration, we will give you thirty days notice before we initiate action to cancel that data storage.

22.15 Exclusion of liability

To the extent permitted by law we exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by Time Sentry Solutions Pty Ltd to perform its obligations under this agreement or any negligent acts of Time Sentry Solutions Pty Ltd) we may have to you for any claim except where we have acted in bad faith.

This exclusion also applies for the benefit of:

  • Every officer, employee, contractor, agent of us
  • Anyone else we get to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise

22.16 Law and jurisdiction applying to this agreement

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. 

To the extent legally permitted:

  • All our services are provided under Queensland law
  • Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you
  • Except as otherwise stated, you may take action against us only in a Queensland court
  • Where you or any registrant for whom you act supplies incorrect information regarding a data storage and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you

22.17 Cancelling the agreement

We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.

We may end the agreement for any other reason by giving you one month's notice.

22.18 More than one person

You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

22.19 Each clause separately binding

Each clause of the agreement you have with us is separately binding.

If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

22.20 Rights and responsibilities that continue

The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under this Agreement, and this clause 22.14.

22.21 Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

22.22 Loss of service

We will endeavour to maintain network stability and satisfactory service levels, however:

  • We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
  • We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Time Sentry Solutions Pty Ltd, our suppliers or any third party
  • We may, at our discretion provide notification of outages whether planned or unplanned
  • You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party

22.23 Payment

If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Time Sentry Solutions Pty Ltd. Without limitation to the above, we may charge an administration fee of $30.00 for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.

22.24 Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all data storages if:

  • You have any outstanding invoice or account
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
  • You fail to comply with any provision in this agreement or those referenced in this agreement
  • There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party's rights
  • We deem your use of our services may jeopardize the operation of the service, Time Sentry Solutions Pty Ltd or our suppliers
  • We deem any other reason as satisfactory to protect Time Sentry Solutions Pty Ltd, our staff and/or our suppliers

Any suspension or cancellation is subject to our Refunds Policy (clause X of this agreement.)

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
  • We may immediately delete all data held prior to cancellation
  • We may perform any action without notice

22.25 Acceptable use policy

It is your responsibility at all times to: 

  • Use our service and services in a manner which does not violate any applicable laws or regulations
  • Respect the conventions of the newsgroups, lists and networks that you use
  • Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
  • Respect the privacy of others
  • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
  • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
  • Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

  • Violate copyright or other intellectual property rights;
  • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
  • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
  • Misrepresent or defame others
  • Commit fraud
  • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
  • Damage, modify or destroy the files, data, passwords, devices or resources of Time Sentry Solutions Pty Ltd, other users or third parties
  • Engage in misleading or deceptive on-line marketing practices;
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law
  • Make an unauthorised transmission of confidential information or material protected by trade secrets
  • "Spam" or engage in "spamming" activities as defined in clause X
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
  • Post or transmit defamatory, harassing, abusive or threatening language
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  • Facilitating a violation of this Acceptable Use Policy
  • Perform any other action through utilization of any service which we deem unsatisfactory
  • Attempt to do any of the above

You also agree not to attempt any of the following:

  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any gaming servers/services
  • Any activity which causes the server to crash / restart

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.

22.26 Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.

You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.

You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Time Sentry Solutions Pty Ltd
  • Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
  • Any breach of any representation or warranty provided herein
  • Any negligence or wilful misconduct by you
  • Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets
  • Any defective products sold to customers from our server

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.

Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Time Sentry Solutions Pty Ltd. Failure to provide such confirmation may be considered a breach of this agreement.

We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Time Sentry Solutions Pty Ltd, our employees or our suppliers.

Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

23 Amendment

We may amend this policy at any time. It is your responsibility to review our website periodically to ascertain whether this policy has been changed. The amended policy will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments.

24 General

This policy is governed by the law of Queensland, Australia.

Each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.

This policy embodies the entire understanding and agreement between the parties as to the subject matter of this policy.

Last Update: 27 November 2009 | V1.0
Ref: http://www.timesentrysolutions.com/terms_conditions.html

Information on this page is Copyright 2006-2010 by Time Sentry Solutions Pty Ltd