I agree to an ongoing direct debit, I agree to payment in advance with no refunds and I have read and agree to these below Terms of Service.
Please have a look below at our terms if you are after the fine print :-). There shouldn't be any surprises here, we are definitely not trying to hide anything or spring anything on you after you have signed-up with NewSprout. Pure and simply put this is so we can both understand each other as well as possible, and in so doing, we have tried to keep it as simple and fair as possible. Please let us know should you have any questions.
Force Majeure Event
NewSprout shall not be liable for any default or delay in the performance of its obligations which is due to a Force Majeure Event.
NewSprout does not disclose your personal information to any parties outside NewSprout, except as required by law or by domain registrars in order to process your domain application. NewSprout will not release, make public or sell your personal information to a third party, unless written permission has been given to us by you requesting us to do so, or unless we are required to do so by Australian law with the correct jurisdiction.
Our Terms and Conditions
- By accepting these Terms and Conditions you agree to an ongoing direct debit via Credit Card, Debit Card or PayPal.
- No transaction fees will be charged via payments made using Credit Card, Debit Card or PayPal.
- Credit Card or Debit Card recurring payments will happen automatically each month unless you choose a different payment method. By making payment with a card you authorise us to automatically bill you each month through our secure token based gateway, EWAY.
- If you choose PayPal as your payment method you will need to select the "PayPal Subscribe" option for recurring payments to happen automatically each month.
- Bank Transfers or Electronic Fund Transfer (EFT) or Cheque payments will incur a $2 processing fee per transaction, as this is a manual process. If you prefer not to pay any transaction fees, please choose either the card or PayPal option as your payment method.
- NewSprout's aim is to reduce costs as far as possible, this is largely done through automating our processes as much as possible.
Payment in Advance:
- Ongoing fees charged in advance and cancellation occurs at the end of the monthly period.
- No refunds will be made for any unused portion of a single month. NewSprout have no contracts, however a month is considered as the smallest term of service and will be charged in full regardless of the number of days used in that month.
- A cancellation request for any ADSL Broadband, NBN Broadband, Web Hosting, Dedicated Server Hosting, Co-location or Domain Name Registration service must be received 14 days before the next invoice's Due Date via our Client Area: https://myaccount.newsprout.com.au/clientarea.php or the form https://www.newsprout.com.au/support. Failure to cancel before the invoice renewal may result in the cancellation only happening the following month. All invoices will be sent 10 days before the Due Date and payment will be attempted automatically on the Due Date to avoid disruption to your service.
- If we receive no cancellation request from you, either through the client area, via email (using an email address listed as a contact on your account) to email@example.com or completing the contact form on our website, your account will remain active and payable until such time as we do receive a formal cancellation.
- Your service may be suspended due to non payment even though your account is still active. It is agreed that the service will not be cancelled until you notify us using one of the above contact methods.
- In the event of any service being suspended due to non-payment, a $30.00 reconnection fee will be payable before the service is unsuspended.
- NewSprout offer no contract, month to month services.
- For a cancelled service, the final invoice/s are due in full. No part-refunds or full-refunds will be provided by NewSprout for the final month for any cancelled service. Failure to give cancellation notice of the service at least 14 days before the next invoice's Due Date, or if the service is still active for part of the following month after cancellation has been requested, will result in an additional invoice being generated. After your cancellation request is received this invoice will become the final monthly payment that is due in full (excluding Web Design plans where any outstanding web design fees will be added to this).
- We cover the first Early Termination Fee (ETF) for you for any broadband service cancelled within a 6 month period after activation. No fees charged to you. However, if you signup again (and we hope you do) then if the new broadband service is cancelled again (i.e. a 2nd time) within 6 months from the new activation, an ETF fee of $100.00 will apply for each cancellation after the first one. This ETF will only apply to you if we have notified you and you agree to it.
- If you selected the "PayPal Subscribe" option as your method of payment, it is up to you to cancel the Subscription in your PayPal Login to end any Subscription Payments.
- For our "Free Setup and Free Modem Router NBN offer"
- NewSprout reserves the right to offer this special at their discretion.
- This limited time special offer, available from 25 August 2017 as a once-off offer, to one new broadband connection per new address. Should ownership of an address change, the new occupant may become eligible for the offer. Should a legal entity wish to add an additional broadband connection, transfer an existing broadband connection or cancel and sign up again - this offer will not apply.
- Existing broadband connections at the same address may be possible to move onto the new plans (if available), however the free modem offer will not apply as it does not meet our new address criteria.
- The free setup and free modem only apply if you stay with us for at least 6 months, otherwise a fee of $95 will apply.
- If you cancel within the first 6 months, there are no additional monthly fees as you are not contracted to your service. However a fee (in addition to your final monthly invoice) will apply to pay for your modem and part of the setup fee. This fee is simply a $95 fee and will only apply for cancellations before the first 6 months is up.
- Wi-Fi modem routers provided by NewSprout will remain the property of users upon cancellation (subject to any outstanding fees). Returning the router will not form as payment or a substitute for any outstanding fees.
- Wi-Fi routers are not locked to the NewSprout network and can be re-used when switching providers.
- If an incorrect domain name is ordered or an error is made during the order, a cancellation request for the new Domain Registration must be completed via the form https://www.newsprout.com.au/support within the first 5 days of registration. There are no guarantee we can fulfill the cancellation with the applicable Registry, however we will do all we can to get a successful cancellation. If a cancellation is not possible, then there will be no refund for your domain.
- Cancellation, by the Client or NewSprout, will result in any data being permanently removed from NewSprout’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any data stored within their hosting space. NewSprout will not be liable for loss of data, or be obliged to provide any such data once the hosting has been cancelled or expired. Any backups made by NewSprout will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
- Any breach by Applicant of the Terms and Conditions contained herein, including but not specifically limited to the payment terms, NewSprout has the right to immediately demand compliance forthwith with all the Terms and Conditions and demand full payment of any amounts owing, including any recovery fees incurred by NewSprout. Alternatively and whilst not forfeiting any legal rights owing to NewSprout, to terminate the services and this agreement forthwith.
NewSprout ("New Sprout Pty Ltd") hosts websites and related material on the NewSprout server(s) on behalf of it's Applicants ("Applicant") and registers domains according to their relevant governing body. These terms and conditions apply to Web Hosting services offered by NewSprout as well as the use and registration of Domain Names through NewSprout.
The NewSprout Applicant hereby:
- acknowledges all NewSprout prices are in Australian Dollars (AUD) and all prices are inclusive of GST.
- acknowledges all statements made in this application are confirmed to be true and correct by the Applicant. NewSprout reserves the right to request further proof.
- any disputes arising in relation to this application shall be governed by the applicable Australian laws.
- NewSprout expressly limits its damages to the Applicant for any down time or non-accessibility time to the pro-rata monthly charge during the system unavailability. NewSprout specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
- agrees to not use your requested domain name(s) until you have received confirmation of registration as we do not warrant or guarantee that the domain name you ordered will be registered until this confirmation is received.
- The relevant naming authorities control both the registration of the domain name and its ongoing use according to their terms and conditions of use. It is your responsibility to ensure that you comply with them and are aware of their terms and conditions.
- confirms that the registration or use of the Domain Name by Applicant does not infrinige nor interfere with the rights of any third party in any jurisdiction with respect to tradename, service mark, close corporation name, company name, copyright, trademark nor any intellectual property right, and that Applicant has the right to use the Domain Name as requested;
- accordingly indemnifies NewSprout against any loss whatsoever arising from any claim or dispute occasioned by the Applicant’s registration and use of its selected Domain Name, even if NewSprout has been advised of the possibility of such damages.
- you indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.
- subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.
- NewSprout in no way supports, encourages, promotes or hosts any materials which are deemed to be offensive or illegal. This includes pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and Hate propaganda. NewSprout will not host websites offering a technology, device, service, product, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e. ModChips.
- NewSprout reserves the right to host any materials and may, at its will and at any time, reject this material, including but not limited to any time after it has been put on NewSprout's server(s). NewSprout will afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of NewSprout. As directed by NewSprout, if the Applicant fails to modify the material, within a reasonable period of time, the Agreement shall be deemed terminated.
- Applicant certifies that they are 18 years or older, have full contractual capacity and are duly authorised by the Applicant to contract on Applicant's behalf.
- NewSprout has zero tolerance for the use of their services for the sending of Spam or unsolicited email. This will result in immediate suspension and legal action.
- Applicant may cancel their Web Hosting service with NewSprout within the first 30 days from this application and NewSprout will refund all money paid to us for that specific service. The cancellation request for the Web Hosting service must be completed via the form https://www.newsprout.com.au/support during the first 30 days from this application.
- For any web hosting migrations, NewSprout may assist moving files from an old host's servers to NewSprout's servers as a gesture of goodwill. NewSprout recommends involving a professional web designer or web developer for such tasks and as such NewSprout specifically denies any responsibilities for any damages arising as a consequence of us assisting in moving your website files to our servers. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your website migration.
- Clients are solely responsible for backing up their data and NewSprout strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. NewSprout will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
- NewSprout may, in some instances, offer a separate backup service in conjunction with your hosting service, and will either make such backups available to Clients through the cPanel or on request as and when they are available. However, NewSprout does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
- Clients are ultimately responsible for their own data, and NewSprout strongly encourages such Clients to download a copy of their backups from cPanel regularly and/or continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
- NewSprout also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by NewSprout by instruction from Clients or by Clients themselves.
- NewSprout will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.
Additionally to the above, the following Domain Name Suppliers' Code of Practice are applied by the relevant registrars for the following domains:
.au domains Code of Practice
NBN Broadband and ADSL Broadband Terms:
NewSprout ("New Sprout Pty Ltd") provides internet services on NewSprout's and it's Supplier's infrastructure on behalf of it's Applicants ("Applicant"). These terms and conditions apply to NBN Broadband and ADSL Broadband services offered by NewSprout.
End User Agreement:
- For ADSL services we are only able to provide an ADSL service if the End User has, and continues to use, a Qualified Telephone Line over which Telstra or a reseller of Telstra supplies a Standard Telephone Service. Connection of the Service will mean that Incompatible Products from our Supplier or other service providers will not be supplied on that Qualified Telephone Line.
- If any Incompatible Products are being used we may not supply the ADSL service on the relevant Qualified Telephone Line.
- Installation and operation of a Monitoring Service may cause temporary disruption to an ADSL service.
- Where the End User has, or is acquiring, a Monitoring Service the End User may need to install additional equipment (this equipment is not at NewSprout's cost or its Suppliers' cost and NewSprout or its Suppliers have no responsibility for this equipment) to be able to receive the ADSL service.
- NewSprout or its Suppliers may at any time change the method of delivery of the NBN or ADSL Broadband service.
- During a transfer of an ADSL Tail Circuit to NewSprout there may be a brief period when the DSL service is interrupted. NewSprout and its Suppliers are not liable for any interruption or delay in the transfer process.
- NewSprout has no way of knowing if we can achieve a successful ADSL or NBN connection until provisioning is attempted. An active phone line is needed before we can provision an ADSL service, however there is a chance ADSL will not be possible over that line. And for NBN, the necessary infrastructure at the carrier level needs to be in place before we can provide an NBN service.
- You agree to not hold NewSprout liable for any expenses occurred by any other providers if provisioning is not successful due to any infrastructure limitations, including network shortfall, length or quality of copper or any other infrastructure limitations.
- If no Broadband service can be connected due to limitations with NewSprout or its Suppliers and Carriers infrastructure, we will refund the service fee already paid to us by you.
- Neither NewSprout nor its Supplier (which may be referred to as a Carrier or Supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service.
- You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.
- Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.
- NewSprout makes no guarantees for any of its broadband speeds delivered. Whilst we will attempt to deliver our stated speeds within the limitations of our suppliers, it is to be understood this is an industry standard on explaining the upload and download speeds attainable, but very rarely achieved. This is affected by many factors, some of which are: connection method, content, source of content, number of users using the same connection, end users network and/or equipment and/or connections to the local exchange, distance from the local exchange.
- NewSprout makes no guarantees for any of its broadband supply. We will only receive certain information from the carriers once provisioning has begun with a service. In some cases it may mean we cannot supply broadband and we will notify you. However neither NewSprout nor its Supplier is liable for any financial loss due to this process.
- The End User must comply with the Acceptable Usage (paragraph 10). NewSprout or its Suppliers have certain obligations to assist law enforcement, Regulators and other agencies with internet services. We may suspend or configure an NBN or ADSL service if any of the events specified in this Agreement occur, and whether or not this occurs, the End User remains liable for the use of the service.
- Downloads and Uploads both count towards your Monthly Broadband Data Allowance. Once this Monthly Data Allowance is reached your speed will be slowed to 256Kbps. You have the option to remain at the slow speed until the end of the billing period when your quota is reset, or top-up your data if you think you will run out, or upgrade to the next plan.
- Acceptable Usage (not limited to the below):
- The Customer warrants that it will not use, or attempt to use, a Service: 1). to break any law or to infringe another person's rights, including violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets; 2). that results in the sale, transmission or distribution of pirated or illegal software; 3). that results in copyright abuse, copyright infringement or unauthorised distribution of copyrighted software or material; 4). to expose NewSprout or its suppliers to liability; 5). to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted: or 6). in any way which damages, interferes with or Interrupts the Service, the NewSprout Network or a Supplier Network.
- Any violation of local and international laws.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with NewSprout on behalf of another subscriber without their consent.
- Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
- NewSprout may ask the Customer to stop acting or failing to act in a manner which NewSprout reasonably believes is contrary to any of paragraphs 10 or otherwise. The Customer will as soon as reasonably practicable (but in any case within one Calendar Day) comply with any such request. If the Customer does not, then NewSprout may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with paragraphs 10. including suspending the entire Service.
- Whether or not NewSprout supply you with a Modem/Router it should be plugged into a surge protection power-board. NewSprout does not cover any hardware loss from power spikes in electricity or any hardware loss from lightning in your area.
- This agreement and indemnities relate to NewSprout and our third party Suppliers and may be exercised by them, as we may use third party Suppliers to provide any part of our services. Nothing in this agreement entitles you to make any claim against a third party. The words "our", "us" and/or "we" may be interpreted to include a third party.
When transfering your NBN from another provider to NewSprout, our "Free Setup and Free Modem Router NBN offer" (valid from 24 August 2017 for a limited time):
- During this special offer we can help cover your cancellation fees from your previous provider.
- This option can be chosen during your order with us, instead of selecting a free modem (if you're moving from another provider), you can instead choose a credit on your account. We will cover up to $139 of your migration costs to us. In other words if your previous provider charge you an Early Termination Fee (ETF) we will credit your NewSprout account for the ETF costs charged by your previous ISP (up to the remaining balance of the $234 maximum).
- We will only credit the amount up to $234 which already includes the $95 setup fee we are covering. When you submit a copy of the termination settlement from your old provider to us, we will only credit that fee if less than $139 or a fee of up to $139 if their termination fees are more than that.
- We will not apply the $139 credit for any other reason and without explicit proof of the fee charged to you by your previous provider within the period 24/08/2017 until the limited offer ends. Provided this cancellation falls AFTER your order date with us.
NBN FTTN and FTTB Broadband - Special Terms:
We really do hate having to add terms like this and it only applies to FTTN (Fibre to the Node) or FTTB (Fibre to the Basement) - it does not apply to standard FTTP (Fibre to the Premises) or Wireless NBN.
End User Agreement:
"I confirm that Installation Consent is given for my FTTB/FTTN Installation in respect of any affected existing Voiceband Service and/or Non-Voiceband Service being supplied over the NBN™ Copper Pair at my Premises.”
- There may be additional activation fees (charged by the NBN™) for an FTTN or FTTB installation. NBN™ charge this and we have no way to avoid these additional fees. An example of the setup is: $95 Once Off + NBN™ activation (approx. $300) or NBN™ New Development Charge (approx. $300).
- With FTTN and FTTB, existing Voiceband/PSTN services connected to your premises on the copper may cease.
- Please also be aware that back-to-base alarms and medical alarms will no longer work and are not supported on FTTN and FTTB NBN connections.
- NBN are recommending a central splitter. They have advised if any faults arise due to “no" central splitter being fitted then hefty fees will be on-charged by the NBN™. You may require a registered cabler to connect these to your NBN™ service. This means that you will be responsible for the cost of any such cabling work.
As we said, we really don't like to impose such terms on you, however these only apply to the NBN™ FTTN and FTTB services.
Web Design Terms:
- NewSprout does not offer custom Web Design or maintenance to websites built by other firms.
- Web Design is offered as a one-off fee.
- NewSprout provides a 12 month payment plan.
- For a cancelled service (within the initial 12 months), you the client agree by purchasing any of our web design plans to pay in full a final invoice for any outstanding web design fee which will not be greater than the annual web design plan fee.
- Any outstanding invoices will also be owed in full as per our Cancellation Terms above.
- No part-refunds or full-refunds will be provided by NewSprout for the final month for any cancelled service. Failure to give cancellation notice of the service at least 14 days before the next invoice's Due Date, or if the service is still active for part of the following month after cancellation has been requested, will result in an additional invoice being generated.
Terms and Conditions - Subject to Change
Our Terms and Conditions may change and need updating from time to time without notice to the client. By using our services, you hereby undertake to familiarise yourself with changes made to the Terms, and thereby indemnify NewSprout from claims arising from misunderstandings or ignorance on the part of you (the client) arising from such amendments. Any such changes will be made available on our Terms and Conditions page on our website.
Continued use of our service/s and products expressly binds clients tacitly to the current Terms and Conditions.
NewSprout may vary or terminate this agreement (the service/s supplied to you by NewSprout) at any time by giving you "the Customer" 21 days written notice. Written notice will be via an email to the current Primary Contact (listed under "My Details" in the client area https://myaccount.newsprout.com.au/clientarea.php) which is nominated by the Customer during signup, or editted in the client area by the Customer after signup.
NewSprout reserves the right to take action against any violation of our terms or acceptable use against any individuals, companies or organisations if they engage in any illegal or unlawful activity while accessing NewSprout's services, to the fullest extent of the law.
NewSprout reserves the right, at its sole discretion, to act against other types of abuse not listed in our terms or this document and to investigate or prevent illegal activities being committed over our network.
NewSprout reserves the right to cancel or reject a client's application for service if NewSprout deems it necessary.
NewSprout does not waive its right to enforce our terms or acceptable use at any time, or prejudice its right to take subsequent action, should we fail, neglect or elect not to enforce a breach at any time.