Terms & Conditions

1. GENERAL

These terms and conditions shall apply to the provision of all of Orion Graphics Pty Ltd trading as Orion Creative Solutions Pty Ltd’s services.

2. INTERPRETATION

In these terms and conditions and in any quote or contract to which these terms and conditions apply unless the context otherwise requires:

• Orion means Orion Graphics Pty Ltd trading as Orion Creative Solutions Pty Ltd;
• Conditions mean these terms and conditions to be read and construed with each estimate/quotation provided by Orion;
  • Client or customer means the purchaser of products and/or services from Orion. If the client(s) comprises of more than one person, each of those person’s liability and agreement is joint and several.
• Where the client is a trust, the trustee’s liability shall not be limited to the assets of the trust;
• Contract means an agreement between the client and Orion comprising of the estimate/quotation and the conditions and any variation agreed to in writing by Orion;
• Products and services mean the products sold by Orion to the client;
• Unless Orion and the client otherwise agree in writing:
  • In the event of any conflict arising between these conditions and any agreement or contract these terms and conditions shall prevail; and
  • Estimates/quotations by Orion remain open for acceptance for 30 days from the date of the estimate or quotation.

3. CONTRACT FORMATION

• No contract shall come into existence until the client’s order has been accepted by Orion. The client may place an order by either:
  • Accepting the quotation via telephone, by email, in person or in writing; or
  • Paying the deposit (if any) referred to in the estimate or quotation; or
  • Communicating its order to Orion in a manner otherwise than in accordance with above.
• The client cannot cancel a contract after an order has been accepted by Orion and is bound to pay the estimated or quoted price.
• Any requested changes to the project after the project has been quoted, shall constitute additional editing and incur additional charges or fees. Additional charges for editing and changes shall be billed at a range between $150 and $200 excluding goods and services tax (gst) per hour depending on the service required. All additional changes must be submitted and approved by both parties by email.

4. PAYMENT

• Unless otherwise agreed in writing, prices are estimated and quoted in Australian currency. Goods and services taxes (GST) will be itemised on the quote. Any verbalised quote will be considered exclusive of GST.
• Orion reserves the right to require the client to pay for products and/or services prior to their supply. This will often be the case with acquisition of a new client with no prior credit history with Orion.
• Unless otherwise agreed in writing, the client will be invoiced a 25% deposit for the agreed scope of work. Payment of deposits shall be made within seven (7) days following the date of invoice and this payment is required before work commences. The remaining 75% will be invoiced in part or in full pending the size of the job. Once the scope of work has been completed and payment of invoices shall be made within thirty (30) days following the date of invoice.
• If the client does not pay their account by the due date and has not entered into any payment arrangement (which is at Orion’s sole discretion), Orion reserves the right to stop working for the client immediately and will not be liable to the client for any loss that they may suffer as a result of such discontinuance.
• Orion reserves the right to correct any typographical or clerical errors accidently contained in the prices or specifications.
• If the client fails to pay any sum payable pursuant to any contract when due:
  • Orion may treat the contract as repudiated by the client or may until payment in full is made, suspend delivery of services without incurring any liability whatsoever to Orion;
  • The client shall be liable for all the expenses and costs (including indemnity legal costs) in relation to Orion enforcing or attempting to enforce a contract or these terms and conditions.

5. DEFAULT

• In the event that the amounts payable by the client to Orion are overdue, or the client fails to meet any other obligation to Orion, under this or any other contract or agreement or in Orion’s opinion the client is likely to be unable to meet any payment or other obligations to Orion; or
• the client becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management; or
• the client no longer carries on business or threatens to cease carrying on business; or
• the ownership or effective control of the client is transferred, or the nature of the client’s business is materially altered; then
• Orion shall be entitled to cancel all or any part of any contract with the client which remains unperformed, in addition to and without prejudice to its other remedies; and all amounts outstanding under this contract or any other.

6. INTELLECTUAL PROPERTY

• Unless otherwise agreed, Orion shall retain copyright and intellectual property rights in all documents, reports, records, media, electronic files, drawings, web development, artwork and designs prepared for and on the client’s behalf.
• The client will be entitled to use the documents and any copies for the purposes for which they were requested. However, unless otherwise agreed, the client (or any other person or entity) is not permitted to make use of, or modify, any such document for any other purpose without Orion’s agreement in writing. Concepts not chosen will also remain the property of Orion.
• The client agrees to a quote to commission Orion for the finished product—e.g. the advert, the brochure, the business card, the video or any other piece of marketing collateral. The finished product is the PDF, JPEG, PNG, MPEG or finalised format requested for distribution to the public.
• If the client seeks access to the design working files, this must be discussed with Orion prior to quoting. An artwork release fee will be incurred for the supply of native, design working/source files.

7. LIMITATION OF LIABILITY

• The client agrees that Orion will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Orion may have been notified of such damage or claims.
• In particular, Orion shall not be liable for any loss or damages arising, either directly or indirectly, from search engine rankings or social media marketing, including but not limited to any losses resulting from changes in search engine rankings, the closure of social media accounts and non-compliance with social media provider guidelines.
• Orion shall not be liable to the client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations to the client where such delay or failure is caused directly or indirectly by the client (for example, by changing its requirements, additional out-of-scope work, not providing timely feedback or approval of proofs) or by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation, weather conditions or any other cause beyond Orion’s control.
• The client agrees to defend, indemnify and hold Orion harmless from and against any and all claims, losses, liabilities and expenses (including legal costs) related to or arising out of the services provided by Orion to the client, including without limitation claims made by third parties (including the client’s customers) related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by Orion, or for any content submitted by the client for publication by Orion.
• If, despite the above, Orion is found to be liable to the client, then its liability for any single event or series of related events is limited to the fees paid by the client to Orion for those particular services.
• Due to the public nature of the internet, all material submitted by the client for publication will be considered publicly accessible. Orion does not screen in advance any client material submitted to Orion for publication. Orion’s publication of material submitted by the client does not create any express or implied approval by Orion of such material.

8. WEBSITES

• Where Orion has created or designed a website for the client, the client must make payment in full prior to the website ‘going live’ on the internet. Should payment not be made in full, Orion reserves the right to not release that website until such time as it receives payment in full. In the event that the website is already live, Orion reserves the right to take the website down from the internet until such time as it receives payment in full.
• The client acknowledges and agrees that it will be liable for all of the costs restoring the website to the internet where it has been shut down due to non-payment.
• The client agrees that it will be charged for any work it requests Orion to complete or undertake that is outside of the scope of the estimate/ quote and the approved design. After going live, updates or changes the client wishes to make to the website will also be chargeable.
• Where Orion has created or designed a website for the client, the website will have a 30-day warranty.
• This warranty period will start from the date on which the website is published to the live domain and is accessible online.
• This warranty covers any coding, design or content issues that may arise after the website has gone live, provided that the issue/s had not been discovered or approved by the client during the acceptance period. This does not cover issues implemented by the client.
• Any changes the client wishes to make to the website after the warranty period will be chargeable.
• This warranty does not cover any third-party apps or services that are installed or implemented by the client or any other person acting on the client’s behalf after the website has been accepted.
• This warranty does not cover any third-party apps, systems or APIs that are outside of Orion’s control.
• If the client chooses to delay the go-live date, the warranty period will be the earlier of 30 days from “go live” or 60 days after the date on which the website is accepted. The website will be considered accepted once the client has approved the site, prior to the website ‘going live’ on the internet.

9. HOSTING AND DOMAINS

• Introduction
  • In this document, ‘we’, ‘our’ and ‘us’ means Orion Graphics Pty Ltd trading as Orion Creative Solutions or any of its related companies.
  • This agreement outlines the terms and conditions that apply to your use of our services.
  • The Services we are to provide to you (herein referred to collectively as “Services”) and the initial 12 month period we are to provide them to you for, are identified in the quote we provide for the Service(s).
  • You will be sent an invoice(s) for the renewal of the Services for the same period (12 months) as the initial period unless this agreement is terminated by you or us in accordance with these terms and conditions. Once paid the Service(s) will continue.
  • In addition, you must also comply with our Privacy Policy and our Acceptable Use Policy detailed in this agreement.
  • If you register one or more .AU domain names, you must also accept our AU Registrant Agreement.
  • If you register one or more .NZ domain names, you must also accept our NZ Registrant Agreement.

• Commencement of the agreement
  • This agreement commences on the date we accept your order for Services.

• Service availability
  • In these terms and conditions ‘Service’ primarily refers to our provision of space and/or software on one of our Servers, domain name registration services, and a connection to and from the Internet for web-based services to the level specified in the package you select. ‘Services’ also refer to services provided by third parties which we resell to our customers.
  • We use due care and skill in providing the Services in accordance with this agreement. There may also be statutory guarantees, conditions or warranties imposed by consumer-protection laws that apply to Services we supply, and which cannot be excluded. However, given the nature of IT systems (including our Services’ reliance on systems and services that we do not control or own). We cannot promise that our Services will be continuous or fault-free.
  • 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 at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.
  • Our liability to you is governed by clause 8 of this agreement.

• Registering a domain name
  • We do not warrant or guarantee that the domain name applied for will be available, eligible to be registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
  • Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.
  • We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

• Renewal of domain name registration
  • We are not obliged to renew your domain name where you have unpaid invoices or if you are in breach of any terms of this agreement. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name.
  • Our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date. Please ensure your accounts payable email address is up-to-date.
  • If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.

• Passwords and content
  • You will keep any passwords or log-in details used in connection with the Service secure and you are totally responsible for when and how your account with us is used and the actions of any people you give your password and log-in details to.
  • You are solely responsible for your data and any content you use or store in connection with your Service.
  • You must hold, and continue to hold, all intellectual property rights in your data and contents (including, without limitation, copyright and trade mark rights), or be licensed to do so. The terms under which you hold or license your data and content must permit us to carry out our obligations to you in providing the Service.
  • You grant us a licence to use and reproduce all your data and content in order to fulfil our obligations under this agreement.
  • You must ensure that you comply with our Acceptable Use Policy terms below in relation to any data or content you use or store in connection with your Service.
  • 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 are solely responsible for dealing with persons who access your data and you will not refer complaints or inquiries in relation to such access to us.
  • You agree that if, in our sole discretion, you are using the Services in a way which is not legitimate, is not in compliance with this agreement or any law that we may suspend, disable, limit or terminate the Services or deny you access to the Service without notice, including taking down any of your data or content.

• Customer’s warranties, liabilities and undertakings
  • You indemnify us against, and must pay us for, any loss or damage we suffer relating to:
    • The provision of the Service to you; and
    • your use, or attempted use, of the Service.
  • You indemnify us against (and must pay us for) any costs, including legal costs, relating to your breach of this agreement.
  • However you are not liable to us for any loss to the extent it is caused by us (for example, through our breach of this agreement or our negligence).
  • 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, web site or publicity material which we have produced.
  • You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.

• Our warranties and liabilities
  • We accept liability for the supply of the Services to the extent provided in this agreement.
  • We do not warrant that the Services:
    • provided under this agreement will be uninterrupted or error free;
    • will meet your requirements, other than as expressly set out in this agreement;
    • 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 ours; or
    • will produce any particular results, data, sales or other return.
  • Subject to next clause:
    • We exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, 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;
    • the Services are provided on an ‘as is’ and ‘as available’ basis;
    • we make or give no 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;
    • no oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice;
    • our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services will be limited to the charges paid by you in the 12 months preceding the claim in respect of the Services which are the subject of any such claim. Any claim must be notified to us within one year of it arising.
  • In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in this agreement excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Competition and Consumer Act 2010 (Cth) our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under that Act.
  • We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.

• Suspension and termination of the service
  • We may suspend or terminate your account if:
    • You breach this agreement and fail to rectify any remediable breach within 7 days of us notifying you to do so;
    • you become insolvent;
    • you are declared bankrupt; or
    • we are ordered to do so by a court or pursuant to an arbitration award.
  • In addition to any other rights we may have under this agreement, you agree that we may, without notice to you and without any liability to us, amend, alter or take down your data or content if we:
    • Receive an order from a court or other competent body requiring us to do so;
    • are directed to do so by the Australian Communications and Media Authority, any other regulatory body or authority or industry association;
    • consider in our sole discretion that you are breaching this agreement including without limitation, by infringing third party intellectual property rights, or because your data or content is defamatory, illegal, obscene or breaches a person’s privacy.
  • From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
  • If your account has been suspended or terminated due to your breach, reactivation of your account will be 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.
  • You may terminate your account or any individual Service with us for any reason at any time by doing so through the customer control panel on our website. Unless you are terminating your account due to a breach of this agreement by us, refunds for monies paid in advance are provided as follows:
    • For domain names, in accordance with the Registrant Agreement.
    • For one-time Services such as digital certificates no refunds are available.
    • No refunds are available for Services with 30 days or less of time to run. For Services with more than 30 days of time to run the refund of unused credit will be a whole month pro-rata of the time to run less an early cancellation fee set by us and notified on our website.
    • If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
    • If your account is closed for whatever reason you must pay all outstanding charges immediately.
    • We are under no obligation to provide you with a copy of your data or content if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of your data or content in such circumstances, we are entitled to charge a fee for doing so. If we terminate your account or any Service in such circumstances we may also at our discretion destroy your data or content. If your data or content is destroyed it may not be recoverable.

• Fees, charges and payments
  • All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within 30 days of receipt of our invoice, or on other terms separately agreed with us by you. The price of the Services we provide you will remain fixed for the period covered by the payment; that is, monthly, quarterly or annually. After that time you will be billed at the rates current on our website at the time the Service is renewed except for domain names which may be renewed at their original purchase price.
  • If you exceed our 30 day credit terms, we may charge you a late fee (the greater of $10 or other amount agreed with you).
  • We will only provide the Services to you where you have paid for the Services in full. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you until we receive the required payment (including any late payment fees, interest, debt recovery charges and reactivation fees) in full.
  • If you fail to make payment in accordance with the terms of this agreement, you will become liable for any reasonable costs incurred by us in recovering the debt (including any legal fees, collection agency charges or any other reasonable costs) and interest on the outstanding amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
  • 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 any (otherwise applicable) yearly fee discount where a yearly discount is offered.
  • Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. If you are billed on a monthly basis, the billing cycle begins from the date you register.
  • You consent to us obtaining a report from a credit reporting agency on your credit worthiness if you choose to pay by credit card.
  • If we receive notice of a chargeback, declined or reversed payment from a credit card company in connection with payments made by you for the Services, we reserve the right to suspend the provision of Services to you until we receive the required payment (including any bank charges we incur, late payment fees, interest, debt recovery charges and reactivation fees) in full.
  • No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions.
  • In the event this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act, and you cancel your Service because we have failed to meet one or more of the consumer guarantees under the Act, we will refund to you any unused portion of your Service fee and any other amount you have prepaid, as well as any Service fee where the Services provided did not meet the consumer guarantees.

• Archiving and backup of your data
  • You are solely responsible for the back-up of your data (including email files) unless you have a protection plan with Orion. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
  • We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site.
• The use of spam and virus filters
  • We can use spam and virus filters and, to the maximum extent permitted by law, this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from the use of spam or virus filters.

• The need to change to a new operating platform
  • Unless otherwise agreed, non-partner provided Services are provided by us from our data centres in Australia. We reserve the right to migrate your web site to a new Service platform if our supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.
  • We will advise you of such a change but we will not take any responsibility for Service failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your Service post-migration and notified us of any required changes to the Service configuration.

• Ownership of equipment
  • Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Services.
  • If we supply you with any equipment as part of our provision of the Services to you, unless the law otherwise requires, we do so on the following terms:
    • You acknowledge that we are only acting as a reseller of the equipment which was manufactured by a third party;
    • you will not resell, export or otherwise transfer the equipment;
    • we are not obliged to keep the equipment current, up-to-date, in good working order or to alter or modify the equipment in any way;
    • any malfunction or manufacturer’s defect in the equipment must be remedied by you directly with the manufacturer and we are not liable for any such malfunction or defect or any consequences arising from them.

• Intellectual property
  • All right, title and interest in any technology, techniques, software or trade mark that is used in, or provided by us, as part of the Services is owned by us or will vest in us on creation, or is licensed to us. You may use the technologies, techniques, software and trade marks as permitted by this agreement. We otherwise reserve all rights in relation to them.

• Severability
  • If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording may be severed from this agreement and the remaining terms of this agreement continue in force.

• Assignment
  • You must not assign or otherwise transfer your rights or obligations under this agreement without our prior written consent, which we will not unreasonably withhold. Any request to assign or transfer must:
    • Be in the form we require, and include details of the assignee or transferee; and
    • be accompanied by the transfer fee specified in the form.
  • We may assign or otherwise novate or transfer our rights and obligations under this agreement to:
    • A related body corporate, including without limitation as part of a change in how we provide the Services or as part of a partial or full restructuring of our business; and
    • another person as part of the sale, or restructuring, of all or part of our business, and you agree that, if we do this, we may transfer all necessary information (including, without limitation, personal information and credit card details) to the related body corporate or other person, and they may use that information, in order for them to be able to continue providing the Services to you. If you do not agree to the assignment, novation or transfer, you may terminate this agreement and we will refund any remaining unused credit on your account.

• Changes to terms
  • We may change the terms and conditions of this agreement (including the Acceptable Use Policy and Privacy Policy) at any time. Details of our current terms will always be available on our website. Changes to this agreement other than price changes will become effective upon their publication on our website and your use of the Services following publication of any amended version of this agreement will constitute acceptance of the amended terms. If you do not wish to accept the amended terms and conditions, you may terminate this agreement by giving us notice. In these circumstances we will refund any remaining unused credit on your account.

• Entire agreement
  • These terms and conditions constitute the entire agreement between us and you. It supersedes all prior agreements, understandings and representations whether oral or written.

• Governing law
  • These terms and conditions are governed by the laws in force in the Australian Capital Territory. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that Territory.

• Notifications and communications
  • All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our Service to you.

• Security agreement
  • Orion Creative has a high-spec dedicated server, hosted within Equinix. Equinix data centres have over 120 CCTV cameras monitored by a 24/7 security staff, smart card and biometric access control in addition to standard security equipment and procedures to safeguard your valuable information. They are also equipped with UPS, power and cooling back-up systems, N+1 redundancy and operate under the same high standards that have produced Equinix’s global uptime record of >99.9999%.

10. ACCEPTABLE USAGE POLICY

• The Acceptable Use Policy (“AUP”) is provided to give The Customer and users a clear understanding of what Orion expects of them while using our hosting service. While Orion is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Orion and the Internet and cannot be permitted under the guise of free speech. The resources of Orion and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
• If you are the operator of a hosting service with Orion, it is a condition of the continuance of your hosting service that you agree with and agree to adhere to any and all conditions of this AUP.

11. WHO DOES THIS POLICY APPLY TO?

• The AUP applies to all users of Orion services who:
  • Access our services but do not have an account;
  • Pay a service fee to Orion for a hosting service;
  • Pay a customer of Orion’s to host content on a hosting service located on Orion’s infrastructure.

12. WHAT SERVICES ARE COVERED BY THIS POLICY?

• All hosting services provided by Orion to the customer. Failure to comply with this AUP will be considered a breach of the AUP and will be handled in accordance with the Orion’s terms and conditions.

13. WHAT IS THE PURPOSE OF THIS AUP?

• The enforcement of Orion’s AUP is designed to:
  • Ensure reliable service to our customers.
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others.
  • Comply with existing laws.
  • Maintain our reputation as a responsible service provider.
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information.
  • Preserve the privacy and security of individual users and companies.

14. HOW WILL WE ENFORCE THIS AUP?

• Service Monitoring – we routinely monitor the activity of accounts for the purposes of measuring system resource utilisation, the preparation of billing records, and to maintain the security of files being transferred to and from our services. This monitoring may result in us further investigating a hosting service and we will respond appropriately if we become aware of inappropriate use of the service.
• Reporting Violations of this AUP – Orion Creative requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at
• When submitting your request, please provide the following information:
  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the AEST time zone.
  • Evidence of the alleged violation.

• E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Orion Creative may take any one or more of the following actions in response to complaints:
  • Issue written or verbal warnings.
  • Suspend the member’s account.
  • Terminate the member’s account.
  • Charge the member for administrative costs and/or reactivation charges.
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

15. WHAT CONSTITUTES UNACCEPTABLE USE?

Prohibited or restricted content – you may not use a Orion Creative hosting service to:

• Publish content that is deemed to be unlawful, indecent or objectionable. This includes without limitation narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos etc), executable programs, video recordings, and audio recordings. All pornographic content and sex-related merchandising is prohibited on all Orion’s services. This includes sites that may infer sexual content or links to adult content elsewhere. Orion will be the sole arbiter in determining violations of this provision.
• Publish content that promotes or links to sites that promote any illegal activity or activity that may be damaging to Orion services or any other service on the Internet. Examples of unacceptable content or links without limitation are:
  • Pirated software.
  • Programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind.
  • Warez sites.
  • Files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user.
  • Content that promotes activities of a violent, destructive or terrorist nature.
  • Publish or transmit content that results in, or could result in, damage to property or injury to any person or that infringes on any person’s rights or constitutes harassment or a misuse of any person’s confidential information.
  • Collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Publish content that enables a minor to access material inappropriate for a minor or to establish or try to establish contact with a minor not otherwise known to you.
  • Publish or transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
  • Store or publish content or applications that affect the ability of other people or systems to use Orion Creative services or the internet. This includes “denial of service” (DOS) attacks against other network hosts or individual users.
  • Gain unauthorised access to and/or use of another company and/or individual’s computer system or network.
  • Engage in any misleading or deceptive business or marketing practice or that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities.
  • Unsolicited Email Advertising (SPAM) – Orion strictly prohibits the use of its services for the purpose of sending of unsolicited, unwanted or inappropriate messages via email. This includes the sending of email to mailing lists that contain email addresses obtained without the knowledge or consent of the recipient as well as email addresses that have been requested to be removed from any lists by the recipient.
  • Shared Hosting Space – Shared hosting services are designed to be used for hosting websites. The use of a shared hosting service for online storage, backups or archival of electronic files including documents, log files, binary files or any files otherwise is strictly prohibited.

16. REVISIONS TO THIS AUP

Orion reserves the right to revise, amend, or modify this AUP without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our terms and conditions. Your continued use of the service following notice of such modifications shall be deemed to be your acceptance of any such modification.

17. DISCLAIMER

This AUP shall be governed by and construed in accordance with the laws of the State of NSW, Australia without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Orion’s failure to insist upon or enforce strict adherence to any portion of this AUP shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.

18. ONLINE MARKETING

• The client acknowledges that Orion incurs expenses and uses its expertise and intellectual property when it sets up online marketing campaigns for its clients. The client also acknowledges that, unless otherwise agreed, any quote for marketing services does not include the transfer of any intellectual property rights from Orion to the client.
• In regards to any marketing campaigns run through the Google Marketing Platform, which includes but is not limited to Google Display and Video 360, Google Campaign Manager and Google Search Ads 360, the client acknowledges that Orion has undertaken a contract directly with Google through an authorised reseller and that this contract, and ownership of the software account/s and the campaigns therein, is not transferable to the client.
• On completion of the contract timeline and full payment being received, the ownership of the advertising and/or software accounts used to execute the contracted services will transfer to the client, with the exception of Google Marketing Platform Accounts as specified above. Until that time, Orion shall retain ownership of the advertising and/or software account/s.
• The client acknowledges that any discounts applied to the fees quoted are conditional on the contract timeline. In the event that the client chooses to cancel the services within the contract timeline, the client shall be liable to pay the full amount indicated in the quote prior to the discount being applied.
• From time to time, clients may choose to pause the online marketing campaign’s set up and managed by Orion. The client acknowledges and agrees that where the client’s marketing campaign’s is/are paused, the client will continue to be liable for Orion’s monthly management fee.
• In the event of a catastrophe, Orion reserves the right to pause any online marketing campaign’s it manages, for a reasonable period of time, without prior notice to the client. The client acknowledges and agrees that where the client’s marketing campaign’s is/are paused, the client will continue to be liable for Orion’s monthly management fee.
• The client acknowledges that while Orion has expertise in online marketing and search engine optimisation, the degree of success of online marketing and search engine optimisation is both subjective and dependent on factors that are outside of Orion’s control. Accordingly, Orion is unable to guarantee the success of any online marketing or search engine optimisation undertaken on behalf of and/or for the client.
• Orion will make reasonable endeavours to spend the entire media amount quoted and/or invoiced to the client for the execution of marketing campaigns, however, the client acknowledges that there are factors outside of Orion’s control that may impact on the accrued media costs for the campaigns.
• These factors outside of Orion’s control include but are not limited to refunds from the marketing platform for invalid clicks and/or impressions, variable cost per click and/or cost per 1000 impressions, rounding off differences of less than $0.01 and differences in exchange rates across the campaign and invoicing timeframes.
• The client acknowledges and agrees that where there is a discrepancy between the media amount accrued and the media amount invoiced, Orion will not be liable to refund any discrepancy to the client where the cost of administering the refund outweighs the quantum or where the discrepancy only becomes evident more than 7 days of the invoiced period.

19. PROOFING

• Proofs of all work may be submitted for client’s approval and Orion shall incur no liability for any errors not corrected by the client in proofs submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the client.

20. MISCELLANEOUS

• If any condition or part of any condition is held to be invalid or unenforceable the invalidity or unenforceability shall be deemed eliminated or modified to the minimum possible extent necessary to make the remainder of the conditions enforceable.
• Failure by Orion to insist upon strict performance by the client of any of the conditions shall not be a waiver of any rights of Orion on any subsequent occasion.
• These terms and conditions and the contract may only be varied by Orion in writing at its discretion.
• The client may not assign or transfer any of its rights or obligations under or in connection with the Contract to any other person whatsoever.
• Orion reserves the right to sub-contract the contract or any part of the contract to any other party or person.
• Neither party shall be liable for any delay, alteration or failure to perform any of its obligations under a contract where occasioned by an event beyond that party’s reasonable control (“force majeure”) and such party shall be entitled to a reasonable extension of time for the performance of any such obligations.
• The client shall pay the costs and expenses including indemnity legal costs incurred by Orion in exercising any of its rights or remedies or enforcing any of the conditions. All contracts made between Orion and the client shall be governed by and construed in accordance with the laws of Australia and the client agrees to submit to the nonexclusive jurisdiction of the Australian Courts.
• Any notice given by one party to the other shall be deemed to have been delivered 48 hours after posting to the recipients registered office or last known address and immediately by email.
• Packaging and supplying files will incur a cost and will be payable by the client in advance of files being supplied.

21. COLLECTION AND DISCLOSURE OF INFORMATION

• Orion may at any time collect, hold and use information relating to a client for any purpose connected with its business including (but not limited to) direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, related companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties. Information disclosed by Orion to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Under the Privacy Act 1993 (and any amendments thereto), individuals have rights to access to, and request correction of, their personal information by contacting Orion.
• The client, any director signing on behalf of the client and any guarantor authorises Orion to collect, hold and use information from any person or entity for any of the above purposes, and for such person or entity to disclose information to Orion, and the client further authorises Orion to disclose information to any person or entity for any of the above purposes and such person or entity to collect, hold and use information from Orion.

22. LAW

• These terms and conditions shall be governed by the laws of Australia and shall be construed in all respects as an Australian contract.