Tallgrass Pty Limited ABN: 50 065 406 680 (trading as Tallgrass Software) is a web hosting and web developing company based in Sydney, NSW, Australia.

These terms apply to every user of the Service ("client"). It is a condition of your use of the Service that you comply with these terms and conditions.

These Terms and Conditions are subject to change as time goes by. We will give you notice of the change and you will then be obliged to comply with these terms and conditions as amended or cease using the Service.

This agreement commences on the date you sign up for the service and continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason, we may delete all of your data from any storage media.

1. Agreement. These Terms and conditions are the terms on which we provide the Service to you. These terms constitute the agreement in its entirety and supersede prior agreements.
2. Server / Network Maintenance. Scheduled Maintenance.
   In order to keep our servers up to date we will perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes we will post a notice regarding the maintenance to the Tallgrass Software announce mail list. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.
3. Data Backup.
   It is the Clients' responsibility to maintain local copies of their web content and information. Tallgrass Software performs weekly snapshots of all server data and daily incremental backup of all system and client data. Tallgrass Software, however, strongly recommends that all clients keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
4. Sub-domains.
   We provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of Tallgrass Software. We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying these sub-domains.
5. Payment.
   You must pay all Service charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected.
   The hosting fees are charged monthly, quarterly, six-monthly or annually depending on the billing period selected, one period in advance. The Hosting Fee is inclusive of any government taxes or charges and exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.
   The fees for excess traffic usage are charged at the end of the month for the previous month.
   At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Clients may select to receive invoices by email when the next payment is due and/or after a successful credit card transaction. Excess traffic charges (web, ftp and mail) will be billed retrospectively, for the previous month.
   Payment Methods: We accept Credit Cards and if in Australia - Cheque & Money Order payments.
   Credit Cards. Cards accepted: Visa, Mastercard and Bankcard. If paying by credit card, you authorise us to debit your card for the Service fee amount at the beginning of each renewal period, one period in advance.
   Direct Deposing (EFT). At the time of purchase Tallgrass Software back details will be sent to you by email.
   Cheque /Money Order. THIS PAYMENT METHOD IS FOR AUSTRALIAN CUSTOMERS ONLY. Your account will only be activated after we receive your payment.
   Invoicing. Your invoice will be emailed to you at the time the payment is due. If paying by credit card, your card will be charged automatically and a statement emailed to you at the time of transaction. If paying by cheque or EFT, the monies must be paid within 7 days after the invoice issue date.
   We reserve the right to immediately terminate the Service if payment is not received timely [eg., Client's credit card is invalid, declined, etc or if Client's cheque is not received by the due date].
   Tallgrass Software may send account overdue notices 10, 20 and 30 days after the payment is due, and suspend the account 40 days after the due date. Tallgrass Software is not responsible for data integrity on accounts suspended for non-payment.
6. Warranties. We do not warrant that: a. the services provided under this agreement will be uninterrupted or error free; or b. the services will meet your requirements, other than as expressly set out in this agreement.
   Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
   You agree to abide by our Acceptable Use policy.
   You are solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to us.
   Tallgrass Software reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and Terms and Conditions.
   
   Client agrees to indemnify and hold harmless Tallgrass Software and the employees and agents of Tallgrass Software against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
   Tallgrass Software shall not be liable for (a) any indirect, incidental, special or consequential damages, or for any loss of profits of loss of revenue resulting from the use of Tallgrass Software's services and products by the client or any third parties, or (b) any loss of data resulting from delays, nondeliveries, misdeliveries or service intgerruptions. Tallgrass Software provides the services and products as is, without warranty of any kind, whether express or implied. Tallgrass Software disclaims all implied warranties, including, but not limited to, the imiplied warranties of merchantability or fitness for a particular prurpose. Client sall be solely responsible for the selection, use and sitability of the services and products and Tallgrass Software shall have no liability therefore.
   This agreement and the transactions contemplated by this agreement are governed by the law ofNew South Wales.

ACCEPTABLE USE POLICY