1. ENGAGEMENT

The client hereby engages Fat Galah and Fat Galah accepts the engagement to host the client's web page, email , design, scripts, databases and programming either by Fat Galah for this purpose.

2. TERMS

The services provided for under this Agreement shall begin on the creation date of the client's account with Fat Galah and will remain in effect as long as the client's account is active. Both parties agree to accept electronic mail as legally binding documentation for billing purposes.

3. PAYMENT OF ACCOUNTS

All invoices for all services as per (section 4.) are processed weekly and are due and payable by the client upon receipt. Failure to pay any amount due within seven (7) days of the due date shall constitute sufficient grounds for termination and/or removal/or suspension of the client's web page and of service without notice and of any design, scripts, databases and programming from either the remote or the Fat Galah hosted website/email.

4. All dishonoured cheques are subject to a $45.00 fee for each time they are dishonoured by the client's bank. Fat Galah reserves the right to terminated if the amounts of dishonoured cheques are not paid within five (5) days by cash or bank cheque.

5. The rates for services at the date hereof are as published at http://fatgalah.com/content/hosting-terms-and-conditions hereto.
However, Fat Galah reserves the right to change the rates by giving notice.

4. GENERAL

Fat Galah's internet services are provided to the client on an as is basis. These services are provided without warranty of any kind, express or implied, involving and including programming services, database services, any software or material provided to the client, or any other type of service offered by Fat Galah.

7. In no event will Fat Galah be liable for any direct, indirect, incidental or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by Fat Galah or by the client's own errors and/or omissions or by a Force Majure.

5. CLIENT'S COVENENTS

The client is responsible for implementing sufficient procedures and checkpoints to satisfy it's requirements for accuracy and security of data and access codes. Although Fat Galah routinely backs up it's client data, the client is also responsible for maintaining a means external to Fat Galah for archiving any data critical to the client.

9. The client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by Fat Galah for access to Fat Galah's systems. Sharing of names/accounts is expressly forbidden. If the client believes their user name or password has been compromised, immediate email or written notification must be provided to Fat Galah. Fat Galah will change the client's passwords and user names as soon as possible. The client will be held responsible for all acts/communications initiated or authorized by its user name.

10. The client also authorises Fat Galah to publicise their completed Web site to Web search engines, as well as other Web directories and indexes.

11. Fat Galah Internet Service may only be used for lawful purposes. Transmission or storage by the client of any material in violation of any Commonwealth or Queensland state law or regulation is prohibited. This includes but is not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless Fat Galah, from any claims resulting from the client's use of the website. Any access to other networks or systems through Fat Galah Internet Service must comply with the applicable rules of that service.

6. DISCLAIMER

A. Fat Galah specifically denies any responsibility for the accuracy or quality of information obtained through its services or associated sites. Use of any information obtained by Fat Galah is at the client's own risk. Fat Galah will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of Fat Galah itself.

B. Fat Galah will not be responsible for service interruptions beyond it's control, including but not limited to acts of nature, service interruptions by its providers, or modifications to the client's system by the client or a third party.

C. Fat Galah will not monitor or regulate the content of information or data passing through or temporarily stored on it's system, except under Court order or where reasonable suspicion of a legal violation exists.

D. Fat Galah reserves the right to discontinue all or any part of the provided service at any time for any reason upon the giving of notice to the client to this effect.

E. Fat Galah will make a reasonable effort to respond to requests for support, however, technical support is not implied under the terms of this agreement.

7. ENTIRE AGREEMENT

These terms and conditions represent the entire agreement between you, the client, and Fat Galah. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Queensland.

8. NOTICES

Any notices required to be given hereunder shall be in writing and shall be sufficiently served if sent by registered letter or by e-mail or by facsimile transmission addressed by either party to the other of them at their respective addresses specified above or any subsequent address notified by either party to the other.