Terms of Service

Terms of Service (TOS)

Part of the Merlot Digital Legals
Last updated 2024/03/27 (March 27th, 2024)

These terms govern your subscription of Domain Names, SSL Certificates, Virtual Servers (VPS), Dedicated Servers, Colocation, Internet Radio Hosting/Streaming and other services provided by The Network Crew Pty Ltd T/A Merlot Digital (ACN 612 999 194). We are incorporated in New South Wales, Australia.

Websites: https://merlot.digital & https://shoutcast.com.au
Entity: The Network Crew Pty Ltd (Owner) & related entities

Definitions: As used in these terms, “The Network Crew Pty Ltd” means The Network Crew Pty Ltd and “Client”, “you”, or “your” means our client, as defined in my.Merlot as the Account Holder (invoices sent to “you”). By ordering a service, you acknowledge that you have read these terms, and agree to them and all policies listed on our Websites. As referred to in these terms, “site” refers to a web address on the internet and “The Network Crew Pty Ltd site”, “Merlot Digital site” & “Internet Radio site” refers to our online websites above.

1. Appropriate use of services

The Network Crew Pty Ltd provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Under typical circumstances, the only events that would lead to the Owner’s intervention tend to stem from Government / Law Enforcement requests. Please note that service limitations do exist where it’s required to provide reliable service, for example: Shared & Reseller Hosting never have sudo/root access.

1.1 Client content
The client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any The Network Crew Pty Ltd server in connection with Client’s use of the Services which:

• violate any state, federal or foreign laws or regulations

• infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of The Network Crew Pty Ltd or any third party

• are defamatory, slanderous or trade libelous, threatening or harassing content of any type

• file sharing music, software, bit torrents, video or pictures that contains copyright

• proxy server software (any type) used to hide users IP or cache content

• are discriminatory based on, but not limited to: gender, race, age, sexual preference, or otherwise promotes hate

• contain any type of pornography or illegal drugs or substances (pornography may be hosted on virtual or physical servers on a case-by-case basis)

• violate any The Network Crew Pty Ltd policy posted on any Merlot Digital site including, but not limited to, our Acceptable Usage and Privacy Policies

• contain viruses or other computer programming defects which result in damage to The Network Crew Pty Ltd, any of its infrastructure or any third party;

• Client acknowledges that we will liaise with relevant authorities where required or deemed necessary (either by legal requirement when requested with relevant supporting order/s that are satisfactorily compiled and proven, or when it is required from a duty-of-care perspective, ie. when we receive reports of content such as child pornography being hosted within our network)

Any unauthorised, illegal or otherwise unacceptable content may lead to suspension of service/s with or without prior warning. We do not have to provide you with a route to remedy, though prefer to. Due to certain issues and the legal ramifications for any involved clients, we may not be able to advise you to any degree. For example: child pornography, TAN/TCNs.

1.2 Disk space & data transfer
The Client may occupy only the amount of disk space allocated to their package on the The Network Crew Pty Ltd server/node and utilise no more than the network data transfer that is allocated to their package by The Network Crew Pty Ltd.

Going over your inclusions:
Hosting: Your account may be suspended for the overage that you’ve reached – resolve by upgrading via my.Merlot, or contact our team. Servers: Additional fees will be charged for exceeding the network quota or server resources of your package; alternatively, you may be raised to a higher package if your usage is repeatedly higher and it becomes more cost-effective for you to upgrade package. We will notify you by email if such a change is required, and will work with you to resolve the problem. Make sure we can reach you!

1.3 Spam email
Client shall not use our Services for the emailing of chain letters, junk mail, spam email, bulk emails (with more than 100 recipients, except where agreed prior with our Support team via ticket), advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process (see Spam Act 2003). Client also shall not engage in any unsolicited email practices using The Network Crew Pty Ltd Servers or other infrastructure, or otherwise, that mentions or reference any Domain Name hosted on The Network Crew Pty Ltd servers or parked on The Network Crew Pty Ltd DNS servers and/or platforms.

1.4 Server loads
Client agrees that any Hosting account that uses excessive CPU or Memory resources (50% or more of their allocated resources) for a sustained period of time (10 minutes or more) may be suspended at any time without notice (we provide notice where possible, however if a site is unable to be controlled, the account will be suspended). The Network Crew Pty Ltd reserves the right to terminate accounts that are repeatedly using excessive resources at any time after prior warning has been given, and no remedy evidenced. The Network Crew Pty Ltd will offer to backup the clients data and send the backup archive to a destination server of their choice via FTP.

1.5 Licensed software
Where Client uses third-party commercial software that requires a licence for usage, Client agrees to only use software to which they hold a current and appropriate licence. If it is discovered that unlicensed software is being used against the developer’s licensing terms, we may have to take action.

1.6 Back-up files and processing
The Network Crew Pty Ltd takes all reasonable steps to safeguard the The Network Crew Pty Ltd Servers and the data contained there-in, however The Network Crew Pty Ltd will not be responsible for any loss of any Client data or DNS records stored or intended to be stored on The Network Crew Pty Ltd servers and/or back-up platforms. The Client will not be entitled to any form of compensation from The Network Crew Pty Ltd or any related entity in the event of loss of data. You as the client are responsible for your own backups – always ensure you have a known-good backup elsewhere (ie. not with Merlot Digital). This isn’t just our policy – we also strongly recommend that you have a backup of ALL of your other data!

Whilst The Network Crew Pty Ltd actively performs a variety of backups, there may be times when some backups fail or become unavailable. As such, the final responsibility for all of your data stored on The Network Crew Pty Ltd servers is ultimately your own. By acknowledging these terms when ordering your service, you free The Network Crew Pty Ltd from any legal action in the event of data loss and agree that you will not be entitled to any form of compensation for said loss.

1.7 Software update
The client agrees that applications and scripts installed using WP Toolkit, Installatron, Softaculous and/or other apps within cPanel, or uploaded manually (via FTP, HTTP, etc) are the responsibility of the client and must be kept up-to-date – if you are unsure as to the best way to do this, our team can provide advice. Failure to do so may expose The Network Crew Pty Ltd servers to possible exploits. Costs to restore services may be recovered from the client whose site was initially affected.

1.8 Termination
The Network Crew Pty Ltd reserves the right to refuse service to any individual or registered entity. We have a heavy focus on a positive culture, and keep it that way.

In its sole discretion, The Network Crew Pty Ltd may immediately terminate these terms if Client engages in any of the foregoing, or is otherwise deemed unsuitable. To report any unacceptable behaviour by a third party using the Services, please contact abuse@merlot.digital and include all available logs and information. Thanks!

1a. Data facilities & security

1a.1 Identification requirements
When Client designates their intended access holders for their leased colocation or physical server space within a facility, The Network Crew Pty Ltd reserves the right to request official Government identification (e.g. Driver Licence that’s current) for each named individual before considering the approval of such access. We also reserve the right to require the issuance of a new facility access pass (ie. “prox card”), and the right to enquire with any facility or vendor/supplier as to any previous or on-going concerns and/or security history.

During your time on-site at any facility, you must accurately represent who you are and your relation to the data centre’s customer. We are the customer of the data centre, and you are our customer – to avoid confusing site security and technicians, you must ensure this is clearly understood rather than citing your entity name as the customer, which will not align with your permissions in their system.

1a.2 Facility access restrictions
Physical access to data facilities will be restricted or removed if we have sufficient reason to believe that The Network Crew Pty Ltd and/or customer equipment is at potential risk of damage, unauthorised removal, theft or sabotage. Such restrictions can be applied without prior notice or explanation to the Client, and restoration of such access will require approval from Management at our discretion following the relevant risks being proven to be non-existent by the Client, with supporting evidence provided if required. We may, at our sole discretion, opt to require that a member of our or the facility’s team accompany you on all visits (billed by us/them). In that case, rates are subject to change.

1a.3 Working safely & securely
During any time spent on-site at any data centre facility, caution must be exercised at all times. It is likely that your equipment will reside nearby to other customer equipment, and you are to ensure that your works never impede The Network Crew Pty Ltd, any of our other customers, or any upstream (data centre, etc) equipment and/or services during the course of your works on-site. You must adhere to the Facility Rules as published by the facility, abide by all applicable legislation and by-laws, ensure that you follow enforced best practices (ie. no mixing of hot and cold air, & always ensuring proper cable management) and exercise courtesy to others while on-site. If you are working within one of our racks at a facility, you are effectively representing our Company, so need to act accordingly – be professional, dress cleanly, “plan twice and act once”, and never take ANY short-cuts. This extends beyond just your physical work – even while assigning IPs, working on establishing remote access, etc, you must ensure that you uphold strong Cyber Security always.

1a.4 Removal from DC facilities
The Network Crew Pty Ltd houses small businesses through to large corporations, and we maintain a Zero Tolerance policy towards customers who choose to take chances with security, works and professionalism. We reserve the right to remove any Customer/s who holds rack-space and/or any form of facility access with us, at our sole discretion, without justification or any avenue for appeal. While we will only exercise this if it’s required, it is emphasised that your company and staff must work to ensure full compliance at all times.

1a.5 Usage of assigned prefix/es
We may assign IPv4 and/or IPv6 address space to you / your entity, and/or we may announce your prefix/es through our network for your usage. In either case, you must ensure that you only ever utilise address space that is bound to you, where you have confirmation in writing of permission to use such prefix/es. If we discover that you are or have attempted to utilise any address/es beyond your allocation/s, you will have 24 hours to remedy the issue and will not have a future chance to remedy the same type of problem again – 1 chance!

It is rare that these sub-clauses are exercised to any degree, however we safeguard ourselves against the minority of individuals who aim to cause harm.

2. Domain Names

2.1 Domain Name applications
Domain Name Registrations are for the period of: .AU 1-5 years, gTLD 1-10 years (generally). Domain Names are subject to availability and as per policy of the respective Domain Name Registry (of which there are many – please contact us for clarity if required). The client agrees to accurately provide all details to the best of their knowledge to assist with their application/s, and confirms that they will not provide false information in order to gain the registration of any Domain Name/s.

2.2 Domain Name transfers
Domain Name Transfers can only be processed with the Domain Name Password (known as Auth-Info for .AU & EPP for gTLDs). Australian Domain Names (.AU) due to expire within 90 days will not be automatically renewed upon transfer however will invoice for renewal 14 days ahead of expiration, while gTLD Domain Names will be renewed for a further 1 year period upon transfer, excluding some TLDs which may transfer with no renewal. Worried about imminent expiry? Contact us pre-transfer.

The client accepts that Domain Name transfers will be rejected if the Domain Name has been recently registered or transferred within the last 30 days or is in IRTP Locked or Domain Locked (or similar wording/meaning) status. Domain Transfers will also be rejected if the Client Authorisation email sent by the registry is not responded to ASAP.

2.3 Remaining a Domain Name licensee in the various namespaces
Client acknowledges that The Network Crew Pty Ltd will comply with justified requests received from either the Domain Name registry or the management body which bring into question the eligibility of one’s license over a Domain Name. In most cases, the management body will provide email notice giving you a certain number of days to prove original and/or continued entitlement to the Domain Name license – if you’re unable to meet their requirements in that time, the Domain Name may/will be deleted without refund or credit. This is beyond our control, as it is up to the Client to satisfy their Domain Name license requirements. Read clause 2.4 which relates, as any contact would be routed to the registrant.

2.4 Keeping your Whois Information up-to-date (Mandatory to retain your Domain Name license/s)
Please note that your my.Merlot Account/Contact details are different to the Whois Contact details stored at the various Domain Name registries. All information is within my.Merlot able to be updated at any time. When your details change, please make sure that your my.Merlot Account is updated, AND that you click through to every single Domain Name/s & update their contact information AS WELL. Please note that my.Merlot Account updates do NOT automatically sync to Domain Names, nor should they – the onus is on you, the Manager/Holder, to manage each Domain Name Licence and the obligations which come thereunder.

2.5 IMPORTANT: Australian (.AU) Domain Names have a Legal Registrant/Entity/Owner as well as having regular Whois Contacts. 
AU DOMAINS ONLY: To change the Legal Owner, a Change of Registrant (CoR) MUST BE ORDERED AND COMPLETED – payment alone is NOT enough.
Change of Registrant (CoR): You can request a CoR via my.Merlot once you’re viewing the Domain Name. The cost is equal to a renewal, and it will update your Domain Name’s legal owner if it’s accepted by the registry. The process is online, however both the new and old legal owners will need to provide input throughout the process, and enter into Agreements.

3. Payment obligations

3.1 Service fees

The Network Crew Pty Ltd shall either (i) debit the Client’s credit/debit card (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain Name registration/transfer fees must be paid upfront before the Domain Name will be registered or transferred. The Network Crew Pty Ltd accepts no responsibility for Domain Names registered by another party prior to the Client paying the outstanding amount.

3.2 On-going invoices will be issued fourteen (14) days prior to the due date. A reminder will be issued seven (7) days before the due date. The 1st overdue notice will be issued one (1) day after the due date, and in the case of physical services (ie. colocation) this is when facility access will be disabled. The 2nd overdue notice will be issued seven (7) days after the due date. The 3rd overdue notice will be issued fourteen (14) days after the due date.

The account will be automatically suspended fourteen (14) days after the due date in-line with the 3rd overdue notice, and a notice will be issued advising of the suspension. It is up to the Client to ensure that their contact email address would remain accessible if their services were to be suspended for any reason by us, as email is the form of contact that we depend on (although we may also use others at our discretion). 3rd-party (including Microsoft/Office 365, G Suite, AWS, Azure, etc) services are exempt from this grace period, and may be suspended at our discretion immediately upon falling overdue/unpaid due to the terms imposed on us.

3.3 The Network Crew Pty Ltd shall be entitled to immediately terminate this Agreement twenty-eight (28) days after non-payment or from failure to make timely payments, and permanently delete account data, as well as take ownership of any stored hardware in an effort to recover losses incurred by the non-payment. If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to The Network Crew Pty Ltd and agrees to pay any and all fees incurred by Client. Because the Services are provided on a pre-paid basis, unless a contract is in place, Client will be responsible for Service fees incurred each cycle regardless of when Client provides notice of termination. 3rd-party (including O365, G Suite, AWS, etc) services where additional terms are imposed on us, may have less notice rendered to you, per upstream terms.

Thus, for example, if Client provides notice to terminate on the 15th of a particular month, and the Client’s service is on a monthly billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Service/s for one (1) year and has pre-paid The Network Crew Pty Ltd for such Service/s, refunds will be issued for any unused full month portions less one (1) month of the Service/s upon Clients request. For example, if the Service is cancelled at any point in an annual billing cycle, the Client will be entitled to a refund of any full unused months less one (1) month, paid out at the monthly rate for their billing cycle.

3.4 Background checks & KYC (Know Your Customer)
We reserve the right to perform background checks on any individual, business, company or otherwise (ie. partnership) who seeks to receive services from The Network Crew Pty Ltd where a risk may be worn by our entity during the Client’s tenure. These checks will often occur without any notice to yourself – you shouldn’t sign-up if you disagree. If you’re concerned about anything that may be unearthed during this background checking, you should contact our Sales team pre-order and discuss it openly.

In addition to these background checks, which may be extensive or minimal, we reserve the right to analyse company reviews, official lodgements & outcomes (ie. ASIC, Department of Justice) as well as any other documents, references or information that we deem necessary to verify the integrity of the Client. We may choose to halt discussions if we deem that applicable credit reports should be reviewed – in such an instance, we will request consent – if it’s received, then we’ll analyse & discuss from there.

3.5 Late payments
Any payment not received for services will not incur a late payment fee. Customer shall pay to The Network Crew Pty Ltd any expenses incurred under the direct instruction of the customer, such as hardware procurement costs and software licensing fees. As defined in this Clause, we have a suspension/termination procedure in place – should your service be suspended & then unsuspended following payment, please note that no credits or refunds will be issued – your data still requires storage.

Should payment fail to be made by the customer for such or similar costs, The Network Crew Pty Ltd reserves the right to commence debt recovery and/or legal proceedings to recoup the expenses and costs, including costs incurred during the recovery of such fees (ie. debt collection fees, practitioner fees, Court filing fees).

3.6 Taxes (GST)
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services. The Network Crew Pty Ltd bills GST (Goods and Services Tax) inclusively across all advertised prices, invoices & quotes. This applies to local & foreign clients.

3.7 Domain Names
If Client chooses to register a Domain Name(s) through The Network Crew Pty Ltd, Client acknowledges and agrees that Client will pay a registration fee(s) to register the Domain Name(s) with the applicable Domain Name registry; further fee(s) are then payable each renewal period in order to retain the Domain Name(s). The Network Crew Pty Ltd does not offer refunds for Domain Name registrations, renewals or transfers for any reason, including misspelling of the Domain Name(s), refusal by the registry nor any form of error/problem/glitch/etc.

Under special circumstances, there is a chance that an account credit can be provided if The Network Crew Pty Ltd are able to cancel a new Domain Name registration/transfer/renewal under a potential exemption in Domain registry conditions – however, this should not be relied upon as it cannot be guaranteed.

Domain Name registration fees must be paid up-front. The Network Crew Pty Ltd accepts no responsibility for Domain Names registered by another party prior to the Client paying any outstanding amount. We are unable to guarantee that Domain Names will always be processed instantaneously due to various factors. Until you’re able to verify the existence of your Domain Name via the official Registry Whois tool online (varies by TLD), it should be assumed that your Domain Name has not been secured.

3.8 Refunds / Money-back guarantee
Website/Email, Reseller & VPS Hosting customers of The Network Crew Pty Ltd are eligible for a 60-day full money-back guarantee. Should the customer choose to take advantage of the 60-day money-back guarantee, all monies the customer paid for their Hosting services will be refunded to them as detailed below. The guarantee only applies during your first 60 days as a customer of The Network Crew Pty Ltd. After that time, you’re always able to contact our Customer Care team via my.Merlot. Please note: Customers who had pre-paid Hosting with another provider honoured during their move to us are NOT eligible for the money-back guarantee (due to the potential service usage before any payment).

If the customer paid for their services via credit/debit card, the monies will be returned to the original card of payment. If the customer paid for their services via PayPal, the monies will be returned through PayPal – this tends to result in the monies being returned to the PayPal payment source (balance, card, bank, etc).

If the customer paid for their services via another means (BPAY, EFT, etc), The Network Crew Pty Ltd will arrange a suitable refund method with the customer.

Please note: Our refund policy does not apply to Domain Names or SSL Certificates due to the restrictions imposed by our upstream partners.
Also note: Where the service/s is/are Managed, our Establishment Policy may vary the Terms around refunding your initial payment/s.

3.9 Billing Errors by Customer and/or System
Where there are mistakes/errors/glitches/etc, going beyond other section/s of these Terms of Service we don’t accept responsibility for incidents that are caused by Customer and/or Software/Systems. This includes incidents whereby the system permits a customer to pay a Tax Invoice more than once, such as via Bulk Pay, which can cause issues with automations.

More generally, if a Billing Audit is required we may charge a fixed fee to perform the investigation. This is typically required with complex/tenured accounts, and ranges in cost from $80 to $240. This is rarely required, with us generally happy to perform this work at no cost. Where the customer caused the incident and has evidence, we may ask that they handle the workload.

4. Customer liability & indemnification

The parties agree that in no event shall The Network Crew Pty Ltd be liable to any third party for Client’s breach or alleged breach of any of the Terms and Conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless The Network Crew Pty Ltd from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

5. Terms, termination & reinstatement

5.1 Terms & termination
Subject to the Terms and Conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 3.

Either party will have the right to terminate this Agreement upon 30 days notice to the other party, however this does not change our Refund conditions/etc, as defined in Section 3. All cancellation requests must be received by the 25th of the respective month before the cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.

5.2 Suspension
If The Network Crew Pty Ltd suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within fourteen (14) days of suspension upon approval from The Network Crew Pty Ltd and receipted full payment of balance/s due. The Network Crew Pty Ltd accepts no liability for potential data inaccessibility/corruption. Clause 3 explains that we do not refund or credit any “down-time” where a Customer had an overdue account with The Network Crew Pty Ltd.

We always recommend lodging a ticket to advise of the payment so that we can protect our Client’s account wherever possible. Service continuity is important to us!

5.3 Termination
If a Client terminates their account, The Network Crew Pty Ltd will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 28 days or more, as per Section 3, the clients site(s) may be terminated without further notice and The Network Crew Pty Ltd will not maintain or provide an archival copy of the Clients Web site(s) or files of any type.

It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

6. Taxes

Client will pay and indemnify and hold The Network Crew Pty Ltd harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

7. Disclaimer of warranty

The services, any The Network Crew Pty Ltd site, including without limitation, all products and services displayed or offered on any The Network Crew Pty Ltd site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. The Network Crew Pty Ltd disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing,

The Network Crew Pty Ltd specifically disclaims any warranty that:

• the services will be uninterrupted or error-free
• defects will be corrected as soon as possible
• there are no viruses or other harmful components
• the security methods employed will be sufficient

8. Limitation of liability

In no event shall The Network Crew Pty Ltd be liable for damages resulting from loss of data, profits, use of any The Network Crew Pty Ltd site or any The Network Crew Pty Ltd products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall The Network Crew Pty Ltd cumulative liability exceed an amount greater than one hundred dollars (AUD) ($100.00).

9. Trial services (Pre-customer)

During time spent with our Australian sales team, we may offer or you may request that we provide trial service/s in order for you to verify the performance and potential of our various systems and services. Please note that issuance of these trial services to you implies your consent with all of our Terms, as we may create your account with us to assist you.

It is important to note that all trial services issued by us are done so under the following conditions, as well as being bound by the remainder of our Terms:

• Trial service/s are issued for a period of 14 calendar days, including the day of issuance. For example, a trial delivered on 15th February would expire at 5pm AEST/AEDST on the 29th.
• Any potential “special requests” that you need to be solved with/on trial may have a fee agreed on – it will be deducted from your 1st invoice, should you choose to go-ahead – For example, you have a peculiar web server problem/error & want proof that we can resolve it; the cost to fix would be $X, and your (potential) 1st normal invoice would be $Deal – $X.
• Support with trial service/s can be difficult – how much time is too much time? We cap our dedicated support input towards any trial service/s issued to 2 hours. This may be extended, however we issue no guarantees as it will often relate to how probable the deal is looking. Our time is valuable and so is yours – if things don’t work out, that’s okay!
• Resolution of problem/s during trial period – we understand that you may have issues that need fixing, however we cap what we’ll fix pre-sale to 1-2 problems across 1-2 Domains.
• Migration of account/s and/or Domain/s – in order to compare the performance of our system/s against your current provider, we are happy to migrate 2 accounts/Domains for you.

10. Supporting you / Contacting us

Our various help-desk teams are here to help you – from Technical Support to Billing, Operations through to Management, we’re here for your success.
Please assist our passionate Australian team by adhering to the following ground-rules. We reserve the right to terminate customers at our discretion.

1. One ticket per problem
— A ticket from 2018 that’s relevant can be mentioned in a NEW ticket – make sure there’s 1 ticket per issue. Keep it relevant to the problem or query at-hand!
2. Keep it truthful, sincere & polite
— Outages suck, things happen and we don’t write the future. We don’t lie to you, please return the gesture. Stay honest though – if it’s serious, we need to know.
3. Zero Tolerance (ZT) for abuse of any form
— We will not tolerate any form of abuse of our passionate Australian team. It’s sad that we have to write this, and we hope to not use it against you. Plain and simple.

These ground-rules are in-place to make sure our teams are protected from all abuse. We won’t tolerate it – put simply, we expect to be treated how you’d like us to treat you.
If you take issue to any parts of Section 10, or any other part of our Terms (including other documents), please accept our thanks for considering us. Want to chat? We’re flexible.

GETTING IN TOUCH WITH US
Any notices or communication under this Agreement shall be through email and shall be deemed delivered to the party receiving such communication at their registered email address. If you’re posting correspondence to us, please use the following details, allowing 10 business days for delivery (+10 days during COVID-19).

The Network Crew Pty Ltd
ATTN: Management
PO Box 111
West Wallsend
NSW 2286 Australia

11. Transferability & Promotions

Due to the nature of services delivered, in some situations there is an inherent requirement to transfer services/data from one owner to another – ie. acquisition, merger, liquidation, deceased estate. In a regular instance, where the transfer can be legitimately justified (and evidenced if required), accounts can have ownership changed or moved.

In some instances, The Network Crew Pty Ltd is unable to transfer services and/or data from one person/entity/etc to another. This include accounts which came on-board via a deal made available at a point-in-time by The Network Crew Pty Ltd – ie. online deals through websites like OzBargain. Accounts which fall under the same or similar circumstances are not entitled to be transferred. Please note that requests may be made to Customer Care who can review your unique circumstances.

12. Agreement (Terms of Service)

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by The Network Crew Pty Ltd. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable legal practitioner fees.

This Agreement is made under and shall be governed by the laws of New South Wales, Australia, without regard to conflict of law principles. This Agreement and The Network Crew Pty Ltd’s policies are subject to change by The Network Crew Pty Ltd without notice, though we do always aim to keep you informed. Continued usage of the Services after a change to any Agreement by The Network Crew Pty Ltd or after a new policy is implemented and posted on the The Network Crew Pty Ltd Site constitutes your acceptance of such change or policy.

We encourage you to regularly check the The Network Crew Pty Ltd, Merlot Digital & SHOUTcast Australia websites for any changes or additions.