Terms & Conditions
These are the standard terms and conditions of supply of the AskUpStairs.com web services and other products offered from time to time on the AskUpStairs.com web site at www.askupstairs.com ("the Service"). These terms apply to you as a user of the Service ("Customer" or "you"). Please read these terms and conditions carefully.
1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree to provide the Service to the Customer. In addition to these terms, you must also comply with:
Any specific Product Terms for products or services you acquire;
Our Acceptable Use Policy
Our website Disclaimer
Our operational procedures for use of the Service and
1.2 The agreement made between us on these terms commences on the date when your order for Services was accepted by AskUpStairs.com and will continue until terminated in accordance with these terms.
1.3 If you have chosen a fixed contract period (a contract period other than a month to month contract) for your Service, your account will be automatically rolled over for a further fixed contract period at the end of the term. You may cancel and alter your Service at any time via your 'My Account link found once logged in.
1.4 You must ensure that your contact details are current at all times. We will use those contact details to notify you of anything which affects the Services and do not take any responsibility for any loss, damages or expenses you incur if we have been unable to contact you because you have not kept your contact details up-to-date.
1.5 We may vary these terms, the price we charge for any Service (excluding Services supplied under a fixed contract period), or the terms of the operation of the Service, at any time by notice via your Profile through the My Account link, by email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.6 These terms constitute the agreement in its entirety and supersede prior agreements.
1.7 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at AskUpStairs.com's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
2.1 We will assign your own user name and password which will provide you with access to AskUpStairs.com.
2.2 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 30 minutes we will post details of the scheduled maintenance on the website in at least 48 hours in advance of the maintenance.
2.3 We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will post details of the scheduled maintenance on the website.
2.4 We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups.
2.5 You agree to AskUpStairs.com's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
2.6 The Service is provided by AskUpStairs.com. AskUpStairs.com will determine in its absolute discretion from time to time the data centre location from which your Service is provided. AskUpStairs.com reserves the right to migrate to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in AskUpStairs.com's opinion becomes unreliable. AskUpStairs.com does not take any responsibility for web site failure if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
2.7 In contracting with AskUpStairs.com for Services, the Customer obtains no rights to the hardware and software and other infrastructure and facilities used by AskUpStairs.com to deliver the Service.
3.1 You must pay for the Service as notified to you by AskUpStairs.com in accordance with AskUpStairs.com's published prices for Services from time to time. If you elect to pay your fees on a yearly basis, and fail to make payment within 30 days of invoice, you will not be entitled to receive the yearly fee discount.
3.2 You must pay all Service charges, traffic and/or storage 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 and in advance. Where a billing option does not specify otherwise, all Service charges are payable before Service will commence.
3.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register.
3.5 No refunds will be given for unused portions of payments.
4. Customer Warranties and Indemnities
4.1 You warrant that:
if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify AskUpStairs.com for any breach of this agreement by the Customer; at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person; you will keep secure any passwords used with the Service; and,
you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data.
4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.
4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
your breach of these terms;
your use or misuse of the Service;
the use or misuse of the Service by any person using your account; and,
publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.
4.4 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programmes, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard") which is available at https://www.pcisecuritystandards.org. If you breach this warranty, AskUpStairs.com may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in your account profile as your authorised contact, or by logged job), and without prejudice to any other rights it may have under this agreement or at law.
5. AskUpStairs.com's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent provided in this clause 5.
5.2 We do not warrant that:
the services provided under this agreement will be uninterrupted or error free;
the services will meet your requirements, other than as expressly set out in this agreement; or
the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of AskUpStairs.com.
5.3 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
5.4 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
5.5 Or total liability for loss or damage of any kind not excluded by clause 5.4, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.
6. Suspension and Termination of Service
6.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.2 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:
payment in full of all outstanding amounts; and
payment of a reactivation fee.
6.3 AskUpStairs.com reserves the right to refuse to supply services to a potential customer who has previously had its account with AskUpStairs.com terminated for breach. In this clause, "potential customer" includes:
(if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
(if the potential customer is an individual) any corporation in which the potential customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.
6.4 AskUpStairs.com may without notice to you remove, amend or alter your data upon being made aware of:
any claim or allegation; or
any court order, direction, judgment, determination or other finding of a court or other competent body,
that the data is illegal, defamatory, offensive or in breach of a third party's rights.
6.5 We may end our agreement with you and cease providing Services (other than Services for a fixed contract period) for any reason, on 30 days written notice to you; with respect to Services for a fixed contract period, the notice will not expire before the end of the fixed contract period.
6.6 You may close your account with AskUpStairs.com by providing notice to AskUpStairs.com in accordance with the methods set out below..
cancel subscription under My Account.
cancel subscription via your PayPal account.
The closure notice will take effect on the next billing date following the date of your notice. You will be required to pay charges for Services supplied up to the date on which the closure notice takes effect.
6.7 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.
6.8 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.
© AskUpStairs.com is a subsidiary of Stardust and Rainbows Pty Limited