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Terms and Conditions

These are the Terms of Service (TOS) from NOVA iT GROUP Pty Ltd (ACN 107 033 956).

These terms and conditions apply to you (“Client”) as a user of the service. It is intended to ensure that you know your rights and obligations when using the service.

Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these Terms of Service at all times.

You must also read, and abide by the ‘Acceptable Use Policy‘ (AUP) at all times.

1. Definitions

1.1  “NOVA” means NOVA iT GROUP Pty Ltd (trading as NOVA iT) of Victoria, Australia.

1.2  “Customer” means the person or entity who ordered our services.

1.3 “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to Website Hosting, Hosted Exchange, SSL Certificates, Virtual Private Servers, SMS, Domain Name Registration or Transfer, Broadband and Datacentre services.
1.4 “Client Area” refers to NOVA’s customer account, billing and management portal, available online at https://www.novaitgroup.com.au/portal/

2. Acceptance

2.1 The Customer acknowledges that it has read and agreed to be bound by the Terms of Service, as well as our Privacy Policy, Acceptable Use Policy, Customer Service Policy and any applicable Registrant Agreement, and the Customer’s submission of their order to NOVA for Services is evidence of their agreement to be bound by the said policies and agreements.

3. Term

3.1 The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering (eg. domain names, SSL, special services with an agreed term) or otherwise agreed in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.

3.2 Monthly services which are commenced during a billing cycle shall be provided and billed on a pro-rata basis until the commencement of the next billing cycle, and thereafter shall be provided and billed on a monthly basis corresponding with NOVA’s billing cycle.

4. Support Boundaries

4.1 NOVA, provides email and telephone technical support to our Clients 8.00am to 6.00pm Monday to Friday, Australian Eastern Standard or Daylight Saving Time. We limit our technical support to our area of expertise. The following is our guidelines when providing support:

4.1.1 NOVA provides support related to your virtual site physical functioning. NOVA does not offer tech support for application specific issues such as cgi programming, php, html, mysql or any other such issue.

4.1.2 NOVA does not provide technical support for YOUR customers.

4.1.3 If you can email, we encourage you to email help@novaitgroup.com.au for assistance.

4.1.4 If you are able to get online and have other questions, the answers may be on our home page at https://www.novaitgroup.com.au/category/diy-corner/ – we encourage you to check there first.

4.1.5 Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

5. Service, Marketing and Promotional Emails

5.1 The Customer agrees to receive Service, Marketing and Promotional emails from NOVA to the email address registered to their account.

5.2 Email from NOVA to the Customer in regard to a Service, such as invoicing and other notices should always be read by Customer as they will always contain important information.

5.3 NOVA warrants that they will never sell or trade any email address to any third party, in accordance with NOVA’s Privacy Policy.

5.4 If the Customer does not want to receive these emails, they are required to close their account and any Service associated with the account, in accordance with Section 12 of this policy.

6. Availability of Services

6.1 Subject to the SLA, NOVA will endeavour to provide continuous availability of all Services to the Customer, however, NOVA will not be liable for any service interruptions or down time.

6.2 Scheduled maintenance will be performed at times which is deemed suitable by NOVA which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes NOVA will post details of the scheduled maintenance as required by and in accordance with the SLA.

6.3 Unscheduled maintenance will be performed as required by NOVA, and should the Services be offline for greater than thirty (30) minutes NOVA will post details of the maintenance and any updates until it has been completed.

7. Domain Name Registration and Renewal

7.1 The Customer acknowledges that NOVA is an accredited reseller of domain names with TPP Internet and OpenSRS.

7.2 The Customer acknowledges that they have read and agree to be bound by any applicable Registrant Agreement before purchasing any domain name Service(s) from NOVA.

7.3 The Customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been processed and accepted by NOVA.

7.4 NOVA does not warrant or guarantee that a domain name application will be approved. The Customer should take no action in respect of the requested domain name(s) until they have been notified by NOVA that the domain name(s) has been approved and is in the Customers name.

7.5 The registration of the domain name and the ongoing use of the domain name are subject to the relevant naming authority’s terms of service and the Customer is responsible for ensuring awareness of these terms and that they are adhered to. The Customer waives in full any right to make claim against NOVA in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.

7.6 The Customer acknowledges that NOVA is not obligated to renew a domain name for the Customer, if the Customer has not confirmed to NOVA that the domain name is to be renewed, or the invoice for renewal has not been paid in full, or it is determined that the Customer does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, NOVA will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via the Client Area.

7.7 Domain name registration or renewal may be declined by NOVA if the Customer is in breach of these Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid or unresolved fees.

7.8 It is the Customers responsibility to ensure that all contact details held by NOVA in relation to the billing of domain names are kept up to date, as NOVA will use these details to advise the Customer of any pending renewal or transfer requests.

7.9 Should the Customer choose to terminate all services with NOVA, but does not transfer a domain name to another registrar, the Customer agrees that NOVA may contact the Customer after the account closure to advise of any domain name renewal or transfer.

8. Limitation of Liability

8.1 NOVA shall not be liable to the Customer for harm caused by or related to a Customer’s Service or inability to utilise the Service unless such harm is caused by the gross negligence or wilful misconduct of NOVA or its officers.

8.2 NOVA shall not be liable under any circumstances to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.
8.3 Notwithstanding anything else in these TOS, the maximum aggregate liability of NOVA, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the one month prior to the occurrence of the event(s) giving rise to the claim.

9. Customer General Warranties and Undertakings

9.1 The Customer warrants that any information supplied for the purpose of creating an account with NOVA, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date in the Client Area. The Customer shall at all times ensure that their contact details in the Client Area are up to date and correct. Failure of a Customer to keep their contact details up to date in the Client Area shall be deemed a breach of these TOS and NOVA shall not be responsible for any loss, damage, inconvenience, or other harm caused by the Customer’s failure to comply with this clause.

9.2 The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location. NOVA shall not be responsible for any loss, damage, inconvenience, or other harm caused by the Customer’s failure to comply with this clause.

9.3 The Customer warrants that they hold and will continue to hold the copyright for data stored on NOVA’s servers, or that they are licensed and will continue to be licensed to use that data. The Customer indemnifies NOVA in respect of any damage, loss, liability, legal costs (on a solicitor client basis), suits, actions and judgments that NOVA may suffer or incur due to the Customer’s breach of this clause.

9.4 The Customer warrants that at the time of entering into these TOS they are not relying on any representation made by NOVA which has not been expressly stated in this agreement or any other relevant agreement or terms published by NOVA in relation to the Service.

9.5 The Customer warrants that all due care has been taken to ensure data integrity on NOVA’s servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person. NOVA shall not be responsible for any loss, damage, inconvenience, or other harm caused by the Customer’s failure to comply with this clause. The Customer indemnifies NOVA in respect of any damage, loss, liability, legal costs (on a solicitor client basis), suits, actions and judgments that NOVA may suffer or incur due to the Customer’s breach of this clause, or failure to take the requisite level of care required under this clause.

9.6 The Customer agrees that they are solely responsible for dealing with anyone who accesses their data (whether by consent, or otherwise), and that you will not refer complaints or inquiries in relation to such access to NOVA.

10. NOVA General Warranties and Undertakings

10.1 NOVA accepts liability for the supply of the Service to the Customer to the extent provided in this agreement.

10.2 NOVA does not warrant that:

10.2.1 The Services provided within this agreement will be uninterrupted or error free;

10.2.2 The Services will meet your requirements, other than as expressly set out in this agreement;

10.2.3 The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or internal NOVA systems.

10.3 Save for the statutory warranties as set out in the Australian Consumer Law, NOVA does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.

10.4 Save for the statutory warranties and obligations as set out in the Australian Consumer Law, no oral or written information or advice given by NOVA or its resellers, agents, representatives or employees, to the Customer, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Customer should not rely on any such information or advice.

10.5 In no event will NOVA be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

11. Fees and Credit Management

11.1 You consent to NOVA iT GROUP Pty Ltd obtaining credit information for the purpose of assessing credit worthiness.

11.2 In relation to fees for Services

11.2.1 Fees for Services ordered by the Customer shall begin on the date of the initial order and shall be pro-rated to include all days until the first day of the next month, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.

11.2.2 The first day of the month will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service only allows annual or biennially billing cycles (eg. domain name registrations, SSL, etc).

11.2.3 Fees are due in advance of the billing cycle and will be invoiced to the Customer thirty (30) days prior to the due date. If a credit card or direct debit bank account is stored on file, it will be charged ten (10) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.

11.3 You agree for NOVA iT GROUP Pty Ltd to automatically charge your nominated credit card or direct debit your nominated bank account upon renewal. Accounts are renewed 10 days before expiry to avoid credit card or direct debit processing problems.

11.4 In relation to fees for upgrades to Services:

11.4.1 Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date, unless the Services only allows annual or biennially billing cycles (eg. domain name registrations, etc).

11.4.2 Upgrades ordered by the Customer after the billing anniversary date will be pro-rated to the next anniversary date at the full monthly costs. Future fees will appear as the new plan from your existing anniversary billing date.

11.4.3 Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card or direct debit bank account is stored on file, it will be charged ten (10) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.

11.4.4 Additional fees may be payable for upgrades where manual work is required by NOVA to process the upgrade request (eg. shared hosting to reseller hosting, intercontinental transfers, inter-server transfers, transfers from shared hosting to VPS or to Hosted Exchange etc).

11.5 In relation to fees for downgrades to Services:

11.5.1 Downgrades will be processed when the request is received by NOVA from the Customer in writing or via the Client Area, unless otherwise specified in the request.

11.5.2 A credit will be issued to the Customer’s account for the difference of any pro-rated pre-paid amount minus the cost of the new plan pro-rated on the chosen cycle.

11.5.3 A $50.00 administration fee may be charged for a downgrade request at NOVA’s sole discretion. Additional fees may be payable for downgrades where manual work is required by NOVA to process the downgrade request (eg. reseller hosting to shared hosting, intercontinental transfers, inter-server transfers, etc).

11.6 Any fees paid for the setup or establishment of any Services will be non-refundable.

11.7 Fees for one-off Services including, but not limited to, dedicated IP address, SSL certificates or SMS credits are due within seven (7) of the invoice being issued and are non-refundable.

11.8 All published prices are inclusive of any government taxes and charges, unless otherwise noted.

11.9 The speed of provisioning new Services is reliant upon the Customer having paid any and all outstanding fees in full.

11.10 Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily in accordance with the Penalty Interest Rates Act 1983 (Vic)) and collection costs.

11.11 Accounts that are more than seven (7) days past the due date will be automatically suspended, and a reconnection fee of $50.00 in additional to any outstanding fees may apply to have the service restored.

11.12 Accounts which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.

12. Suspension and Termination of Services

12.1 NOVA may suspend or terminate Services if:

12.1.1 The Customer is found to be in breach of any formal policy including but not limited to these Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;

12.1.2 The Customer has become insolvent or bankrupt;

12.1.3 The Customer has outstanding fees that are more than seven (7) or fourteen (14) days respectively, past the due date;

12.2 NOVA may decide at its sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, NOVA will refund any pre-paid fees for Services on the account.

12.3 If a Customer’s account is closed for any reason, the Customer must pay all outstanding charges by the due dates.

12.4 NOVA is under no obligation to provide the Customer with a copy of the data stored on our servers if NOVA has suspended or terminated access to the service for any breach of terms 12.1(a)-(c) of this agreement. In this circumstance, a copy of the data may be provided to the Customer for an additional fee.

13. Cancellation

13.1 The Customer can request cancellation of any Service with us for any reason by logging in to the Client Area and submitting a secure cancellation request. For account security reasons, we will not accept cancellation requests by any other method.

13.2 Any pre-paid fees for Services past the current billing month or cancellation period will be refunded, except the Services that are not eligible for a refund (eg. domain name registration, SSL certificates, web hosting services that specify “no refund” on the plan page, etc).

13.3 The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.

13.4 Cancellation requests must be received by NOVA thirty (30) days before the package renewal date. If cancellation is not received before this time, package renewal costs generated for the next period of time will remain outstanding.

14. Data Management

14.1 NOVA will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery.

14.2 In the event of hard disk failure or data corruption, NOVA will restore data from the last known verified archive.

14.3 If all backup and archived data appear to be corrupt, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.

14.4 The Customer should always maintain a recent copy of all data at all times, as NOVA will not be liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from our backups and archives. NOVA shall not be liable for loss, damage or harm caused by a Customer’s failure to adequately comply with the provisions of this clause.

14.5 NOVA takes automatic system backups of all web hosting packages and Virtual Private Servers seven (7) times a week.

15. Changes

15.1 NOVA may amend the Terms of Service at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days notice before any changes are enforced.

15.2 In exceptional circumstances, NOVA may be required to amend the Terms of Service and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.

16. Use of Identity

16.1 The Customer agrees not to use the NOVA logo, company information and related services without prior written consent of NOVA.

16.2 NOVA agrees not to use a Customer name, logos or information without prior written consent of the Customer.

17. Entire Agreement

17.1 These terms and conditions, in conjunction with NOVA’s SLA, AUP and PP constitute the entire agreement between NOVA and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.

18. Governing Law

18.1 The Customer agrees to abide by all local, state and federal laws applicable to the Services delivered by NOVA.

18.2 The Customer agrees that these terms and conditions are governed by the laws of Victoria, Australia, and submits to the exclusive jurisdiction of the Courts of that state.

19. Personal Properties Security Register

19.1 To secure payment of all monies for which the Customer is or may become liable to pay NOVA under these Terms and Conditions, the Customer hereby charges, as legal, and beneficial owner, all of the Customer’s interest in all of the Customer’s Personal Property both presently owned by the customer and that which the Customer may hereafter acquire.

19.2 If NOVA (acting reasonably) determines that transaction(s) arising between the Customer and NOVA contains or is likely to contain a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”), the Customer agrees to provide any information which NOVA (acting reasonably) requests and considers necessary for the purposes of:

19.2.1 ensuring that the security interest is enforceable and perfected; or

19.2.2 enabling NOVA to apply for any registration, complete any financing ordainment or give any notification, in connection with the security interest so that the security interest has the priority required by NOVA; or
19.2.3 enabling NOVA to exercise rights in connection with the security interest,
in each case for the purposes of the PPSA.

19.3 NOVA and the Customer acknowledge and agree that:

19.3.1 NOVA will be responsible for registering any financing statement in respect of a security interest but will give notice of such registration to the Customer upon registration being completed; and

19.3.2 upon full payment under the Order form (or other applicable agreement between the parties) being received by NOVA and termination of the agreement or arrangements with NOVA, NOVA will lodge a financing change statement discharging the security interest.

19.4 Each party shall bear their own costs in relation to the registration of any applicable security interest or financing statement.

19.5 NOVA and the Customer agree that neither party is required to disclose any information under section 275(4) of the PPSA unless section 275(7) of the PPSA applies.

19.6 In this Clause 19, the following terms have the meanings given to them in the PPSA: “financing statement”, “security interest”.