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General Terms And Conditions
Privacy Policy Effective by 15/05/2020

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this website www.SoftCode.com.au (the "Site") or directly from you. Please read this Privacy Policy carefully, and do not hesitate to contact us if you have any questions. You provide us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.

[1] WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT

[1.1] For legal reasons, when you register a client account with us, we will ask your contact information that includes your name, home address, your business name, office address, e-mail addresses and your payment details.

[1.2] To support you with our products and services, we will ask you to provide information about your business, your ISP, operation systems and software you used.

[1.3] To track users’ movements around the Site and to gather demographic information about our user base, we do record certain information using Google Analytics such as your location, browser version, IP address, screen resolution, and operating system.

[1.4] To ensure the identity of a remote computer and to prove your identity to a remote computer, the Site uses HTTPS (connection security) and a certificate issued by cPanel, Inc. Certification Authority.

Cookies

[1.5] A cookie is a small text file stores on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies on the Site.

[1.6] We use session ID cookies to make it easier for you to navigate the Site. This cookie contains no personal data and is discarded from your computer when you close your Internet browser.

[1.7] If you have a client account and you log in to the client portal, we set a persistent cookie to store your login information. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies in your Internet browser.

[1.8] Your login information will be removed from your computer when you log out of your account unless you set to remember your login details on your Internet browser.

Surveys

[1.9] Upon using our products and services, we may request you to participate in our periodic internal surveys that are conducted by SoftCode to determine your interests. These surveys are strictly voluntary. The data we collected from you through these surveys will only be used by us to improve our products and services, and we will never pass it to any third parties.

Contact Forms

[1.10] The Site implements the invisible reCAPTCHA provided by Google, to protect the Site from spam and abuse. The reCAPTCHA collects personal information such as your IP address and browser user agent string from users to make this determination of whether they are human and not a bot. Read their privacy policy and terms of use.

Embedded Apps

[1.11] The Site uses the embedded apps from other websites (such as Facebook Messenger) to provide better support to our customers. Embedded apps from other websites behave in the exact same way as if you visit the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded apps, including tracking your interaction with the embedded apps if you have an account and are logged in to that website.

[2] WHOM WE SHARE YOUR DATA WITH

[2.1] We will never provide your personal information to any third parties except a law enforcement or regulatory agency (upon their request), the businesses provide services on our behalf such as payment gateway provider, domain name registrar.

[2.2] Under any circumstances, we do not sell your information to any third parties.

[3] HOW LONG WE RETAIN YOUR DATA

[3.1] We generally keep your information if reasonably necessary to provide you with the Services, and to comply with applicable law. Even after you deactivate your account, we may retain copies of information about you and any transactions or the Services in which you have used for a period that is consistent with applicable law and the applicable statute of limitations.

[4] WHAT RIGHTS YOU HAVE OVER YOUR DATA

Access:

[4.1] You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction:

[4.2] If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us. We rely in part upon customers advising us when their information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

[5] ADDITIONAL INFORMATION

How we protect your data?

[5.1] We are committed to ensuring that the information you provide is secure. We follow generally accepted industry standards to protect personal information. This website is protected by Secure Sockets Layer (SSL) to protect your information.

What data breach procedures we have in place?

[5.2] Please contact us if you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach.

Changes to This Privacy Statement

[5.3] We reserve the right to modify this privacy statement at any time. If we make any changes to this policy, we will notify you here and through a news announcement on the client portal.


[v1 05/2020]
Terms of Service Effective by 18/06/2020

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE OR ACCESS ANY PRODUCTS OR SERVICES OFFERED BY SOFTCODE.

[1] Introduction

[1.1] The following Terms of Service (the "Agreement") are an agreement between SoftCode ("us", "we", or "our") and you ("user" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by SoftCode and of the SoftCode.com.au website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement.

[2] Client Account Registration

[2.1] Any person who requests to use the Services is required to register an account with us. By registering a client account for or using the Services, you represent and warrant that:

  1. You are eighteen (18) years of age or older.
  2. You can enter into a legal agreement in the province, state, territory or country in which you reside.
  3. You agree to the terms of our Privacy Policy and Acceptable Use Policy.
  4. You agree to additional terms apply to you to use certain Services.
  5. If you use the Services on behalf of another party, you represent that you have the authority to enter into this Agreement and to act on such other party's behalf.
  6. You agree to be fully responsible for current and complete information of your account, and all use of your account.
  7. You agree to maintain the confidentiality of your password and other information related to the security of your account.
  8. You agree not to use the Services, or to allow or enable others, to use the Services for illegal purposes or in support of illegal activities.

[3] Domain Name Registration Services

[3.1] We are a domain name reseller with multiple Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrars. We assist you to register your domain names with one of those registrars. We, then provide you with domain management tools for your easy control.

[3.2] By using our domain name services, you represent and warrant that:

  1. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for or transfer of a domain name registration.
  2. You understand that domain name registrations are only for limited terms, which end on the expiration date.
  3. You agree and understand that all domain registrations and renewals are final and cannot be reversed or changed, and you cannot cancel your domain name during the terms.
  4. You acknowledge that you will be the registrant, administrative contact and technical contact for your domains.
  5. You understand that you bound by all additional terms and conditions applicable to your domain names including ICANN's rights and responsibilities.
  6. You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, redirect or transfer by any ICANN procedure, registrar, registry decision or policy.
  7. You agree and acknowledge that the failure or success of a domain name transfer will be your sole responsibility, and we will not be held liable for the failure of a domain name transfer for any reason.

[4] Hosting Services

[4.1] We provide Hosting Services in the form of allowing you to upload, store, publish, display and distribute information, text, photos, videos and other content (collectively, "User Content") on the hardware used (the "Server") to host User Content during the period of terms.

[4.2] By using our hosting services, you represent and warrant that:

  1. You acknowledge that User Content includes any content posted by you or by users of any of your websites hosted through our Hosting Services ("User Websites").
  2. You understand that you are solely responsible for User Content.
  3. You agree that you will use our hosting space only for web files, active email and content of User Websites.
  4. You understand that our hosting space is not allowed to use as offsite storage, data warehousing, cloud storage or FTP hosts.
  5. You understand and agree that User Content must not include any of the following content or have links to the following content:
    1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity;
    2. Promoting or providing instructional information about illegal activities;
    3. Selling, marketing or promoting illegal products or service;
    4. Promoting physical harm or injury against any group or individual;
    5. Displaying material containing obscene nudity or pornographic;
    6. Displaying material that exploits children under 18-years of age;
    7. Illegal content;
    8. Acts of copyright infringement;
    9. Warez sites;
    10. Software serial numbers;
    11. Cracker utilities.
  6. You agree that you are not allowed to use any unacceptable uses that include, but are NOT limited to:
    1. Any attempt to undermine or cause harm to a server;
    2. Bulk emailing, unsolicited emailing, newsgroup spamming;
    3. Interferes with our supply of the server hosting services to its other clients or with the use of the server hosting services;
    4. Running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, or online gaming servers;
    5. Proxy-relaying;
    6. Link farming, link grinding, link-only sites;
    7. Running IRC, or bots;
    8. Spamdexing.
  7. You acknowledge that you are solely responsible for backing-up all User Content, including but not limited to, any User Websites, and you agree to accept the risk of loss of any User Content.
  8. You acknowledge that any maintenance of the server will be conducted from time to time and we will notify you in advance.

[4.3] Our hosting services may include backup services. Backups run automatically on each day of the week, and the system retains the latest two (2) copies of backup files unless otherwise specified. Backups may be used by the system to restore the previous versions of the site and data if needed. You acknowledge that there will be occasions beyond our control when the Backup may be interrupted for maintenance, upgrades, emergency repairs or the failure of telecommunications equipment and services, and you may not be able to recover or restore your site and data.

[5] Web Development and Other Professional Services

[5.1] We provide web development services and other professional services on a contract basis.

[5.2] The web development services and other professional services are subject to the terms and conditions of the individual contract and statement of work.

[5.3] You should confirm these terms of service and specific details of work as they will also apply to you and would be incorporated herein.

[5.4] We provide site and data restoration services from backups. You may be charged fees for these services. You acknowledge that we provide these services to you on an "as is" and "as available" basis. We do not warrant or represent that your site and data will be fully restored or recovered from the backup.

[6] Billing and Payment

[6.1] You agree to pay for the Services in advance of the period of the Services are provided.

[6.2] It is your responsibility to pay all invoices on time.

[6.3] Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services.

[6.4] You acknowledge that all the Services provided by SoftCode are NON-REFUNDABLE PRODUCTS AND SERVICES.

[6.5] You agree that until and unless you notify SoftCode of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services.

[6.6] In case of any charged back to us for the payment you made online, you agree that you will incur an additional fee of $25.00 per chargeback.

[7]Cancellation

[7.1] You acknowledge that the Services will continue in force for the initial term, and all renewals of the Services will continue in force for the extended renewal term.

[7.2] This Agreement will renew for subsequent terms for each of the duration specified in the invoice unless you cancel the Services.

[7.3] You may cancel the Services by giving us written notice via a support ticket created from the client account not less than 30 days before the expiration date of the initial term or current renewal term.

[8] Early Termination

[8.1] You acknowledge that you buy the Services for the initial term or renewal term.

[8.2] On the event of early termination, you also acknowledge that we have no obligation to refund any fees.

[9] Suspension and Termination of Services

[9.1] You agree that we may suspend the Services without notice and without liability if:

  1. We reasonably believe that you register an account with us to breach our terms of service.
  2. We incur costs as a result of your misuse of the Services.
  3. We reasonably believe that you involved in any illegal or abusive activities.
  4. Law enforcement or regulatory is requested.
  5. We reasonably believe that you are not capable of using the Services, or your use of the Services may harm yourself or others.

[9.2] We will never cancel any services without trying our best to resolve the problem with you. However, you agree that we may terminate the Services before the expiration of the initial term or any renewal term without further notice and without liability if:

  1. You have any invoice that is outstanding for more than ten (10) days.
  2. You breach any provision of this Agreement or violate any terms of this Agreement, including the additional terms apply to you, and you fail to cure within seven (7) days of a written notice from us.
  3. Your services are suspending for any reason for more than thirty (30) days.

[9.3] On termination of the Services, you agree that we have no obligation to refund any fees and may remove any or all User Content from our server without notice to you.

[10] Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO YOUR ACCOUNT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DUE CARE AND SKILL, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY: (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES OR YOUR ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; (C) THAT YOUR CONTENT WILL NOT BE LOST, COMPROMISED OR DAMAGED; (D) THAT YOUR WEBSITE OR NETWORK OPERATIONS OR THOSE OF ANY PERSON WITH WHOM YOU SHARE CONTENT WILL NOT BE NEGATIVELY AFFECTED BY YOUR USE OF THE SERVICES; (E) THAT ANY DATA ON YOUR WEB HOST ACCOUNT WILL NOT BE LOST OR DAMAGED AS A RESULT OF YOUR USE OR NON-USE OF THE SERVICES; OR (F) THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

[11] Limitation of Liability

[11.1] In no event shall we be liable for any loss of profits, or personal injury, or punitive loss, or any indirect, special incidental, or consequential damages or damage of any kind, including damages for corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages, or damages that could have been avoided by the use of reasonable diligence, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised or should be aware of the possibility of such damages.

[11.2] Notwithstanding anything else in the agreement to the contrary, our maximum liability under any theory of liability (contract, tort or otherwise) shall be a payment of money not to exceed the amount of the initial term fee set out in the invoice.

[12] Indemnity

[12.1] You agree to indemnify and hold us and our officers, employees, agents and subcontractors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to User Content, your use of the Services or any wilful misconduct on your part.

[13] Waiver

[13.1] No waiver of any part of this Agreement shall deem to be a waiver of any other provision.

[13.2] A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights concerning a prior, coexisting or future occurrence, whether similar in nature or not.

[14] Force Majeure

[14.1] We shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.

[15] Governing Law

[15.1] This Agreement shall be governed by the laws of the New South Wales and the laws of the Commonwealth of Australia as applicable.

[15.2] Regardless of the place of signing this agreement, you agree that any dispute will be litigated or arbitrated in New South Wales, Australia.

[15.3] Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in New South Wales courts.

[15.4] This agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

[16] Amendment

[16.1] We may change the terms of this Agreement from time to time.

[16.2] When we make changes to the terms, we will post the updated version of the terms of service on our website together with a news announcement on the client's portal.

[16.3] If you continue to use the Services after the changes come into effect, you will be deemed to have agreed to abide by the revised terms of service.

[16.4] If you do not agree with the revised terms of service, you must contact us and terminate any existing Services that you are receiving from us.

[16.5] We reserve the right, in our sole discretion, to change or modify our website from time to time including but not limited to adding or removing products or services, functionality or features, or changing offers or pricings.


[v2 06/2020]
Acceptable Use Policy Effective by 15/05/2020

This Acceptable Use Policy ("AUP") governs your use of the products and services made available by SoftCode and of the SoftCode.com.au website (collectively, the "Services").

The Services provided by SoftCode are only for the use of lawful purposes. Your use of the Services shall comply with all applicable laws, rules and regulations as well as this AUP, our Terms of Service, and any other service agreements and policies that may apply to you.

PROHIBITED USES OF THE SERVICES

Use of the Services in the following manners are prohibited:

  1. Infringe or violate upon another party's intellectual property rights;
  2. Sell or offer to sell any counterfeit merchandise;
  3. Display or distribute pornography or adult related content or offer any escort services;
  4. Publish offensive content includes, but is not limited to, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, hate speech or otherwise objectionable;
  5. Attempt, in any manner, to obtain the password, account, or other security information from any other user;
  6. Jeopardise the security of your client account (such as allowing someone else to log in to your account as you);
  7. Host or publish another party's website under your account unless your account is a reseller account;
  8. Offer music or video streaming, file transferring (download or upload) for more than two (2) megabytes.

UNACCEPTABLE RESOURCE USAGE

The following resource usages are unacceptable:

  1. Run any application or database that consumes excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers;
  2. Use the disk space as a backup device except for one cPanel backup of the same account;
  3. Use twenty-five per cent (25%) or more of our system resources for longer than ninety (90) seconds at a time;
  4. Run any database queries longer than fifteen (15) seconds;
  5. Use more than two thousand (2,000) database tables or hosting a single database that is more than two (2) gigabytes, or any number of databases that is more than five (5) gigabytes in total;
  6. Run stand-alone, unattended server-side processes at any point in time on the server;
  7. Run any software that interfaces with an IRC (Internet Relay Chat) network;
  8. Run any file sharing, bit torrent or other P2P network services with client or server software;
  9. Run any gaming servers such as counter-strike, half-life, et cetera.

UNACCEPTABLE EMAIL USAGES

The following email usages are explicitly prohibited:

  1. Send unsolicited email messages, including but not limited to commercial advertising and informational announcements;
  2. Email to the mailing lists built without double opt-in procedure and without an opt-out link that allows the recipients to unsubscribe from receiving your emails.

VIOLATIONS

We, in our sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis and with or without notice to you. Violation of this AUP could subject you to criminal or civil liability. A failure to respond to an email from our abuse department within forty-eight (48) hours may result in the suspension or termination of your Services.

AMENDMENT

We reserve the right to modify this AUP at any time without notice.


[v1 05/2020]
Website Security Policy Effective by 10/06/2020

This Website Security Policy sets out our commitment to protecting the security of your data that you share with us on this website SoftCode.com.au (the Site).

The Site is published by SoftCode, providing information technology services with ABN 23440708189 in NSW, Australia.

The Site has two (2) types of access for its users.

  1. Public access area of the Site contains information which is freely accessible and may be viewed by any visitor;
  2. Client access area of the Site provides restricted access to sensitive and proprietary business information.

User registration for secured access to the client area is required.
Access to the client area of the Site is limited to customers, clients and vendors who have been determined by SoftCode to have an appropriate business reason for having access to the client area. SoftCode PROHIBITS THE SHARING OF USER IDs OR PASSWORD.

The Site stores client data securely on the web hosting servers located in Australia.
Our servers facilities have a minimum of two-factor security to gain physical access, along with strict protocol around authorisation for personnel that do access the physical data centres.

The Site installed Secure Sockets Layer (SSL) certificate on the web hosting server, and the server redirects all web traffic (with or without www selected) to use SSL.
SSL is a standard security technology for establishing an encrypted link between a server and a client—typically a web server (website) and a browser, or a mail server and a mail client. SSL allows sensitive information such as credit card numbers, driver license numbers, and login credentials to be transmitted securely.

The Site utilises SecurePay payment gateway to accept credit cards.
SecurePay is a payment gateway and a merchant account provider operated by Australia Post. SecurePay provides PCI compliant and award-winning security/anti-fraud solution for online transactions.

The Site does not store any credit card information.

Please contact us if you have any questions or comments regarding this Website Security Policy.


[v1 06/2020]
Billing, Cancellation and Refund Policy Effective by 11/06/2020

BILLING POLICY

All rates and prices on this website are quoted in Australian Dollar (AUD) only.

When a customer places an order for our products and services, the customer will receive an invoice with the information of amount to pay, when it is due, and how to make payment.

We will establish the service as soon as we receive the total invoice amount.

A customer will receive a renewal invoice for each billing cycle of the recurring products and services. All renewal invoices are due 15 days before the expiration date of the current term.

Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of the Services.
Credit card chargebacks will result in immediate suspension of the services. A customer will be liable for a Chargeback fee plus Administrative fee of $25.

CANCELLATION POLICY

A customer may cancel the order before we initiate to establish the service or before we receive full payment of the invoice amount.

Cancellation for the order that comes with 30-day Money-back Guarantee must be made by within 30 calendar days of order.

Once an order for the domain name service is confirmed, we cannot process any cancellation request for that domain.

After we have set up a web hosting account, it will continue in force until the end of the term.

A customer may cancel to renew the recurring services 15 days before entering into a new term of the billing cycle.

If a customer cancels the web development services or other professional services, cancellation fees may be applicable.

We DO NOT process cancellations via phone, post or in person. All cancellation requests must be in written and submitted from the client area.

REFUND POLICY

A customer can request a refund if:

  1. An order has yet to be processed;
  2. A domain name registration that has been rejected by the registrar;
  3. A domain name transfer that has been unsuccessful;
  4. A customer has accidentally overpaid an invoice;
  5. A customer has bought a service with 30-day Money-back Guarantee and has cancelled the service within 30 calendar days of order.

A customer shall contact our account department from the client area to request a refund. We'll provide our refund in the same form of payment as the customer made payment for the invoice.

Domain name products and services are irreversible and non-refundable. Money-back Guarantee never includes Domain Name services.

We have several billing options for web hosting plans such as monthly, annually, or biennially billing cycles. The minimum amount a customer is required to pay for a web hosting service is the total amount of the billing cycle of the customer's choice for the customer's chosen plan. We DO NOT refund for any unused portion of web hosting services.

Fees for web hosting services and professional services are non-refundable.

Suspended or terminated accounts in breach of our terms of service and acceptable use policy are not eligible for a refund.

Bonus credits and gift vouchers are non-refundable and cannot exchange for cash.


[v1 06/2020]
visits are by appointment only
Office Location

25-27 Mamre Rd, St Marys
NSW 2760, Australia.

Working Hours

Office : 9am to 6pm (Mon - Fri)
Support : 24 hours (7 days)