Terms and Conditions

  • By using and accessing this website, www.alinga.com.au (collectively referred to as the "Site" or "Alinga Web Media Design" in these Terms of Service), you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE. WEBSITE USAGE
  • Intellectual Property. You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site. Third-party Sites. The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Alinga Web Media Design. Modifications to this Agreement. Alinga Web Media Design reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
  • Termination of Use. Alinga Web Media Design shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason. Disclaimer of Warranty You expressly agree that use of the Site is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied. Alinga Web Media Design makes no warranty that (I) the Site and content or information will be uninterrupted, timely, secure or error-free, (II) the results that may be obtained from use of this Site will be effective, accurate or reliable.
  • The Site may include technical mistakes, inaccuracies or typographical errors. Alinga Web Media Design reserves the right to change the Site content and information at any time without notice. Limitation of Liability. In no event shall Alinga Web Media Design or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein. Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you. SERVICE AGREEMENT Alinga Web Media Design Pty Ltd. (hereinafter referred to as "Alinga") provides web and marketing services to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Alinga services.
  • THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Alinga Web Media Design Pty Ltd. Payment All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and shall be due and payable within the payment terms of our invoice. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you. Pre purchased web support is to be paid upfront. Your account is credited the hours and a spend down on hours for services is provided. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment. Alinga does not offer refunds or credits for first purchases in the event of termination or cancellation of these services.
  • Termination
  • We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may terminate this agreement immediately if you breach any of our terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt. On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($125/hr), failing which we shall be entitled to delete all such data. If your service is terminated due to non-payment, you remain liable for all invoiced amounts. Service availability We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. Alinga Support Alinga will provide you with technical support for account management and website management. For all training and consultancy requests, please review our pre packaged services. Business Hours: Email Support is available Monday to Friday from 9:00am to 5:00pm AEST [Excluding Public Holidays]. Phone support is available Monday to Friday from 9:00am to 5:00pm AEDT [Excluding Public Holidays]. Alinga’s target response time to technical support requests is less than two hours. The response time depends on the complexity of the enquiry and current support request volumes. To ensure your request is acknowledged and actioned promptly submit a new support ticket Critical/Emergency Issues which require an immediate response will be charged at $275 + GST per hour (minimum 1 hour). Out of Business Hours: Email Support: Support tickets can be lodged at anytime through your Account Portal. On completion of a ticket you will receive a unique number and our support department will be notified of the request. Depending on the complexity of the enquiry and current support request volumes we will endeavour to contact you the next business day. Phone support: Non-critical issues handled out of business hours for all customers are chargeable at $195 + GST per hour (minimum 1 hour). Critical/Emergency Issues: Alinga will endeavour to respond to critical issues when they arise. Critical/Emergency Issues which are handled out of business will be charged at $275 + GST per hour (minimum 1 hour).
  • HOSTING POLICY
  • All services provided by Alinga may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Alinga from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Sites that include or promote any illegal activity or content that may be damaging to Alinga servers are non acceptable on Alinga servers. Examples of non-acceptable content Pirated software Bulk Email related products Pornography Hacking/cracking related websites Warez and/or copyrighted MP3s Material illegal under Australian law Alinga will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund! System Resource Usage If Alinga’s system administration team determines that an account is utilising an unacceptable amount of system resources, Alinga may temporarily deactivate the account in question. If Alinga’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by Alinga staff or locate a new provider. This only occurs in extreme cases; Alinga will do all it can to assist customers prior to this scenario. Alinga will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually. Backups Alinga performs nightly backups of shared and reseller servers; however, these backups are for Alinga’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Alinga does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! Unsolicited Email (SPAM) SPAMing, or the sending of unsolicited email, from an Alinga server or using a return email address that is maintained on an Alinga server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Alinga’s network also constitutes as a violation of this provision. Alinga will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be initially warned and then if repeated immediately deactivated and no refund will be issued. For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $195 + GST per hour for any clean up, research, and related work from their illegal activities.
  • Server Abuse Any attempts to undermine or cause harm to an Alinga Internet Solutions server or customer of Alinga is strictly prohibited. Alinga will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Alinga will turn all available information about abuse incidents, including customer contact data, over to the proper authorities. Examples of non-acceptable server abuse Viruses – Trojan horse etc Denial of service attacks Phishing Malware Cancellation Cancellations are processed by our Billing department. To cancel an account, submit your cancellation request to sales@alinga.com.au or lodge a support ticket on your toolbox. To expedite your request, be sure to include the following information: Primary domain name on the account Verification that you have downloaded a backup of all necessary files Failure to Follow Policies Failure to fully comply with these terms is grounds for account suspension and/or deactivation without refund. Any accounts contained within Alinga’s network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
  • CONTRACT OF SERVICE
  • Governing Law. (a) This Contract is governed by the laws of Australia. (b) The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia Remuneration (a) Customer agrees to pay Contractor the amounts as per quote (b) Customer agrees to pay Contractor within the payment terms. (c) Contractor retains all copyright until full payment has been made. Contractor Warranties The Contractor warrants that: (a) it will deliver the Deliverables and provide the Services in conformity with any specifications agreed to by the parties and set forth in the Schedule of this Contract; (b) it will provide the Services in a proper and workmanlike manner; (c) it possess and will deploy the requisite skills and experience to provide the Services; (d) it owns all Intellectual Property Rights in and to the Deliverables and the results and/or outcomes of the Services other than Third Party Rights; (e) the Deliverables and the Services and the grant of any rights conferred on the Customer under this Contracts will not infringe the rights, including Intellectual Property Rights, of any person; and Ownership of Intellectual Property Contractor will use its reasonably best efforts to procure an assignment or license to Customer of all Third Party Rights embodied in the Deliverables and the results and outcomes of the Services and will notify Customer if any such assignment cannot be obtained; (f) The Contractor will provide warranty in the work it provides and will resolve any issues its responsible (not 3rd parties) in the first 30 days, any support after this period is considered a additional support request.  
  • Customer Indemnity.
  • Customer shall indemnify and hold harmless Alinga Web Media Design Pty Ltd from any and all claims, damages, liabilities, costs and expenses incurred by Contractor as a result of any claim, judgment or adjudication against Contractor related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display or material provided by Customer to Contractor; or (b) a claim that Contractor’s use of the Customer Materials infringes the Intellectual Property Rights of a third party. You expressly understand and agree that Alinga Web Media Design Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our services. In no event shall Alinga Web Media Design Pty Ltd or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify Alinga Web Media Design Pty Ltd directors and employees and hold harmless from any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses including legal fees. Marketing Material. Customer hereby grants Contractor the right to use the name and service marks of Customer in its marketing materials or other oral, electronic or written promotions which shall include naming the Customer as a client of Contractor and a brief description of the services provided hereunder.
  • In addition, Customer grants Contractor the right to display its logo and a hyperlink to Customer’s website on Contractor’s website. Date of Last Update.
  • This agreement was last updated on 15th, August 2023