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Terms and Conditions

Last Updated: 18 April 2013 (Modernised 2025)

These Terms and Conditions govern your use of MC4-IT’s website development, hosting, and digital services. By accessing or using our services, you agree to the following terms.

1. Provision of Services

MC4-IT provides website development, hosting, and digital support on a best-effort basis. We may suspend or terminate services at our discretion, including but not limited to circumstances involving:

  • breach of these Terms
  • suspected fraud or security risks
  • illegal or harmful use of services
  • non-payment
  • misuse of infrastructure impacting service stability

MC4-IT reserves the right to refuse service at any time without obligation to provide a reason.

2. Customer Information Requirements

You agree to provide accurate and current contact information, including name, postal address, email address, and phone number. You are responsible for keeping this information updated. MC4-IT is not liable for communication failures resulting from inaccurate customer details.

3. Account Responsibility

You are fully responsible for all activity conducted through your hosting or service account, including actions taken by users to whom you grant access. This includes maintaining secure passwords, preventing unauthorised access, and ensuring compliance with these Terms.

Reselling, sharing, or transferring your account without permission is prohibited.

4. Account Setup

Accounts are established following successful payment and completion of fraud checks by MC4-IT or our payment partners. An external email address (not associated with the registering domain) must be provided for administrative communication and support.

5. No Warranties

All MC4-IT services are provided “as is” and “as available”. MC4-IT makes no warranties of any kind, including but not limited to:

  • uninterrupted or error-free operation
  • absence of malware or harmful components
  • fitness for a particular purpose
  • merchantability or non-infringement
  • service compatibility with third-party software

Advice from MC4-IT personnel does not constitute a warranty.

6. Cancellations and Refunds

Either party may terminate the service with 30 days’ notice. MC4-IT may cancel services at any time. Refund policy:

  • No refunds for residual hosting balances
  • All balances forfeited if terminated due to breach
  • Domain purchases are non-refundable
  • If MC4-IT discontinues hosting, residual balances will be refunded

7. Bandwidth & Resource Usage

Hosting includes a monthly bandwidth allocation. If exceeded, MC4-IT may:

  • suspend service until the next cycle
  • require purchasing additional bandwidth
  • require upgrading to a higher-tier plan
  • charge overage fees
  • suspend or terminate the account

Customers are responsible for monitoring their own usage.

8. Backup Responsibility

You are solely responsible for maintaining complete, accurate, and up-to-date backups of all website files, databases, emails, and other data. Any MC4-IT backups are provided on a best-effort, non-guaranteed basis.

MC4-IT is not liable for data loss, corruption, or reliance on system backups.

9. Indemnification

You agree to indemnify and hold harmless MC4-IT, its employees, and agents from claims, losses, or damages arising from:

  • your use of our services
  • content or data hosted on your website
  • products or services sold via your website
  • copyright or IP violations from your content
  • installation or configuration on your servers
  • misuse of services by you or authorised users

10. Liability Disclaimer

MC4-IT is not responsible for business losses resulting from:

  • service outages or downtime
  • data corruption or deletion
  • delays or incorrect deliveries
  • third-party provider failures
  • events outside our control

11. Limitation of Liability

To the maximum extent permitted by law:

  • MC4-IT’s total aggregate liability is limited to the total fees paid in the preceding 12 months.
  • MC4-IT is not liable for indirect or consequential damages, including loss of profits, loss of business, or loss of data.

12. Intellectual Property

All intellectual property created by MC4-IT remains MC4-IT’s property until full payment is received. After full payment, you receive a non-exclusive, perpetual licence to use the completed website.

Third-party tools, templates, and plugins remain subject to their original licences. You are responsible for ensuring that any content you supply is properly licensed.

13. Payment Terms

Invoices are payable within 14 days. MC4-IT may:

  • suspend services for unpaid accounts
  • apply late fees of 2% per month
  • retain ownership of all materials until full payment is received

14. Acceptable Use Policy (AUP)

You agree not to use MC4-IT services for:

  • illegal activities
  • spam, phishing, or malware
  • copyright-infringing content
  • high-risk or abusive server usage
  • security breaches or attempted breaches
MC4-IT may suspend accounts that violate this policy.

15. Data Protection & Privacy

MC4-IT takes reasonable steps to protect customer data, but cannot guarantee absolute security. Both parties agree to maintain confidentiality of all non-public information.

Customers are responsible for complying with their own legal and regulatory obligations, including GDPR or international data laws when applicable.

16. Force Majeure

MC4-IT is not liable for delays or failures caused by events outside our control, including natural disasters, global outages, pandemics, labour disputes, or upstream provider failures.

17. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

18. Changes to These Terms

MC4-IT may update these Terms at any time without notice. Continued use of our services constitutes acceptance of revised Terms.