Terms and Conditions of Use
  1. Conditions of Access for Host Direct Sites
    Access to this website is granted by Host Corporation (trading as Host Direct) subject to the following terms and conditions. If you do not agree to any of these terms, please discontinue your access. By accessing, browsing or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.
    Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site for the purposes of:
    - placing an order with Host Direct
    - using this Site as a shopping resource provided you do not modify the Site, or exploit any of the Site materials for commercial purposes.
    This permission granted to use material on the Site terminates automatically if you breach any of these Site Terms of Use.

  2. Disclaimer
    Host Direct does not warrant the accuracy, adequacy, reliability or completeness of the information and materials contained in this Site and expressly disclaims liability for errors or omissions. No warranty of any kind implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. All products and services sold shall be subject to our Terms and Conditions of Sale.

  3. Copyright Notice and Use Restrictions
    The material on this Site is protected by copyright under the laws of Australia, and other countries through international treaties and the copyright in this website is owned by Host Direct, its agents and/or professional advisors.
    Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images including text, graphics, logos, button icons, video images, audio clips and software including navigational software (collectively referred to as the Contents) are owned or controlled for those purposes, and are reserved by Host Direct, its parent company, subsidiaries and affiliates. No part or parts hereof may be reproduced, distributed, mirrored, adapted, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means without the prior permission of Host Direct.

  4. Trademarks
    The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of Host Direct and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trade Mark displayed on this website without the written permission of Host Direct or other Trade Mark owner.

  5. Exclusion of Liability and Indemnity Host Direct shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special or consequential damage, or economic loss arising from or in connection with:
    • any access, use or the inability to access or use this website, or reliance on the contents of this website;
    • any system, server or connection failure, error omission, interruption, delay in transmission or computer virus;
    • any use of or access to any other website linked to this website;
    • any product, service or information of any merchant or service provider, even if Host Direct or its agents or employees are advised of the possibility of such damages, losses and/or expenses.
    You agree to indemnify and will keep Host Direct indemnified for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or tort (including negligence) made against or suffered by Host Direct in connection with your use of this Site, your breach of these Terms of Use or your breach of any rights of third parties.

  6. Your Transmissions
    Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Host Direct or its affiliates for any purpose whatsoever. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to a civil or criminal liability under the law.

  7. Governing Law and Jurisdiction
    These Terms of Use shall be governed by and construed in accordance with the Laws of the State of Western Australia. You and Host Direct agree to submit to the jurisdiction of the courts of the State of Western Australia. If you choose to access this Site from another location, you do so on your own initiative and are also responsible for any compliance with applicable local laws.

  8. Revisions to Terms and Conditions of Use
    Host Direct may at any time revise these Terms and Conditions of Use by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Terms and Conditions of Use to which you are bound.

Terms and Conditions of Sale
  1. Interpretations

    "Host Direct" means the Host Corporation trading and selling under it's registered Business Name and identified as such in the Customer Invoice.

    "Contract" means a contract between Host Direct and the Customer to supply Products and/or Services. The Contract consists of the Order and incorporates these Terms and Conditions of Sale and the Terms and Conditions of Use of this Site

    "Customer" means the person (legal or natural) who accepts a quotation of Host Direct's for the sale of the Products or Services or whose order for the Products or Services is accepted by Host Direct.

    "Conditions" means these Terms and Conditions of Sale and the Terms and Conditions of Use of this Site.

    "Product(s)" means any product(s) sold to the Customer pursuant to the Contract as specified on the Customer's invoice.

    "Services" means the Service Offerings selected by the Customer.

    "Service Offering(s)" means the different service options offered by Host Direct for the Products or any part thereof as set out in Host Direct's published literature.

    "Price" means the charges for the Products or Services including the delivery and other charges.

    "Delivery Fee" means the freight charge payable to Host Direct in respect of delivery of the Products as specified on the Customer's invoice.

    "Location" means the premise(s) occupied by Host Direct and from where the Products are dispatched from.

  2. Formation of Contract
    Any order placed by the Customer is an offer by the Customer to purchase a particular product(s) or service(s) for the price specified in this Site at the time the Customer places an order. No obligation to sell or supply the Product(s) or Service(s) will arise until the order is received and accepted by Host Direct.
    Host Direct reserves the right to accept or reject the Customer's offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Site, or an error in the order. Host Direct may require additional verifications or information before accepting any order.
    Host Direct shall sell and the Customer shall purchase the Products and/or Services, as principals only, to the intent and with the effect that no other party shall have any rights or obligations or be entitled to sue or be sued, under the Contract.
    The Products sold and/or Services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents and agrees to be bound by these Terms and Conditions.
    A Contract shall only come into existence when Host Direct's written quotation is signed by the Customer or when Host Direct receives the Customer's order and such signed quotation/order is confirmed and accepted by Host Direct in writing or by delivery of the order, whichever is the earlier.
    No variation or amendment of these Terms and Conditions shall be binding on Host Direct unless confirmed by it in writing.

  3. Customer's Application
    The Customer must complete a customer application before placing an order. The Customer warrants that all information and data provided in the customer application is accurate, complete and up to date. The Customer is responsible for promptly informing Host Direct if there is any change to this information or data.
    The Customer is responsible for any costs associated with accessing the hostdirect.com.au site and placing orders for products or services on hostdirect.com.au including but not limited to any Internet provider services.

  4. Purchase Orders & Delivery of Products
    Any Order placed by the Customer in the manner described in this Site is an offer by the Customer to purchase a particular product or service for the Price specified in this Site at the time the order is received.
    Once the Order has been received by Host Direct, a copy of the Order will be sent to the Customer either by fax or email for authorization by an approved signatory on behalf of the Customer. Any signed Order received will be deemed to be properly authorized on behalf of the Customer and Host Direct will take no responsibility in the event an unauthorized person confirmed the order on behalf of the Customer.
    Host Direct shall deliver the Products to the place of delivery designated by the Customer and agreed to by Host Direct as evidenced in the Customer's invoice.
    Host Direct may, at its discretion, deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Host Direct in respect of any one or more instalments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.
    Any dates quoted by Host Direct for the delivery of the Products are approximate only and shall not form part of the Contract. Host Direct shall not be liable for any delay in delivery of the Products and/or Services howsoever caused.
    If the Customer fails to take delivery of the Products or any part of them when they are made available to it or fails to provide any instructions, documents, consents or authorizations required to enable the Products to be delivered, Host Direct shall be entitled, upon giving written notice to the Customer, to store or arrange for storage of the Products whereupon risk in the Products shall pass to the Customer, delivery shall be deemed to have taken place, and the Customer shall pay to Host Direct all costs and expenses ( including storage and insurance charges) arising from its failure.

  5. Price and Payment
    Prices displayed on this Site are current ay the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.
    The price payable for the goods ordered shall be the price specified on this Site, plus any applicable shipping and handling charges. All prices are inclusive of GST.
    Payment for the Products or Services shall be made in full and the funds cleared and readily available before physical delivery of the Products or Services to the Customer's nominated delivery address or to the nominated carrier.
    All invoices are payable in full and in the denomination stated in the quotation. In no circumstances shall the customer be entitled to make any deduction, set off or to withhold payment for any reason whatsoever.
    Host Direct reserves the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors on this Site, including any such errors in relation to prices.

  6. Returns Policy
    New Products purchased under these Terms and Conditions directly from Host Direct by an end-user Customer may be returned by the Customer up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by Host Direct in as-new or as-shipped-by Host Direct condition, and in its original packaging, at the Location before any replacement, refund or credit is given.

  7. Title and Risk
    Title to the Products purchased on this Site does not pass from Host Direct to the Customer until Host Direct has received payment in full for the Products. All risk in the Products passes to the Customer upon delivery.

  8. Governing Law and Jurisdiction
    These Terms of Sale shall be governed by and construed in accordance with the Laws of the State of Western Australia. The Customer and Host Direct agree to submit to the jurisdiction of the courts of the State of Western Australia.

  9. Revisions to Terms and Conditions of Sale
    Host Direct may at any time revise these Terms and Conditions of Sale by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically revisit this page to determine the then current version of the Terms and Conditions of Sale to which you are bound.


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