This is a legal agreement between You and Web5star. Before registering as a Web5star Affiliate,
You must read this Commercial Arrangement and accept its terms and conditions.
By becoming a registered Affiliate of Web5star, You agree to the following Commercial Arrangement.
Definitions
"Affiliate" means a member of our Affiliate Program.
"Affiliate Program" means the service advertised on our website as "Web5star Affiliates Program".
"Commercial Arrangement" means these Terms and Conditions.
"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.
"Web5star", "we", "our" and "us" means Five Star Web Hosting Services.
"person" includes a corporation, a trust and a partnership.
"Referred Client" means any person who purchases a service from Web5star:
- based on Your recommendation during the period in which You are a member of our Affiliate Program;
- in such a way that Web5star is able to recognize the fact that the customer was directed to our service by You.
"Web Hosting Plan" includes all web hosting packages provided by Web5star.
"You" and "Your" means the person who agrees with Web5star to be a Web5star Affiliate.
Application to Join
Any person aged 18 years or over may apply to join the Affiliate Program. Web5star reserves the right to accept or
reject applications to join the Affiliate Program at its sole discretion.
Application Details
You confirm that the details You have provided to Web5star to join our Affiliate Program are complete, correct and
up-to-date.
Notice
You agree to correspond with Web5star via e-mail addressed to our Support Team in the normal course of business,
unless you need to raise a matter with the Manager in which case you will contact the Manager via e-mail. In situations
requiring urgent management attention You may contact the Manager directly by telephone. If Web5star needs to contact
You for any reason we will do so via email only.
You agree to notify us promptly of any changes to Your email address or other contact details.
Commissions
Web5star will award you commissions for accounts referred by you, subject to the conditions below:
- Affiliate commissions apply only to standard net hosting fees and domain name registrations, that is, the retail
price less the applicable Goods and Services Tax (GST). Commissions are not payable on other fees including, but
not limited to, account add-on fees.
- Commissions will not be payable for accounts when it is not clear, at the time of the order, that the account has
been referred by You.
- Commissions are recorded on your Affiliate Ledger at the time payment of an invoice is received from each Referred
Client. If the Referred Client overpays an invoice, commissions will only be paid on the initial invoiced amount,
and not on any overpaid amount.
- The commission rate is the percentage of monthly hosting fees that Web5star will award to You for referred accounts
and the percentage of annual domain name registration. The commission rate for hosting is 20% of the net quarterly
or annual fees received from the client. The commission rate for domain name registration is 10% of the net annual
fee or fees paid by the client at the time of registration or renewal.
- Web Hosting commissions are accrued at the end of the billing period, that is, at the end of each quarter and for
as long as your client maintains its account paid quarterly in advance. For accounts paid on an annual basis, the
commissions are accrued at the end of the second quarter. Web Hosting commissions will be due only for all current
accounts and every closed web hosting account that was hosted with us for at least 90 days.
- Domain Name registration commissions will be accrued immediately and they will be paid for the life of the
domain registration with Web5star.
- The accrued commissions are based on GST-exclusive prices only. However, if for example, your accrued payable
balance is AU$1,000.00 this commission for the purpose of payment includes any GST which you are required to
collect. That is, if you are registered for GST then the AU$1,000.00 payment from Web5star to You would be
comprised of a AU$909.10 commission and a AU$90.90 GST component. If you are not registered for GST then the
AU$1,000.00 payment would be comprised of $1,000.00 commission and $0.00 GST.
- Commissions will not be payable for any account that has been previously hosted by Web5star and subsequently
reopened.
Payment
If You have Your own web hosting account with Web5star, then commissions earned by You may be used, in the first
instance, to offset any amounts due to Web5star for Your hosting account(s). If commissions earned by You exceed the
amounts You owe us, then payment will be issued to You upon your request (no more than one request per month) and for
the required amount not exciding the current accrued balance.
You may chose the method of payment, ie: Cheque, PayPal or Electronic Funds Transfer (EFT). For EFT the bank account must:
- Be in Your name; and
- Be an Australian bank account which is capable of accepting deposits via the internet.
In order to receive payment for Your commissions you must issue a valid Tax Invoice to Web5star. A valid Tax Invoice
must include:
- Your name;
- The phrase "Tax Invoice" in the title;
- Your Australian Business Number (ABN). An ABN must be quoted otherwise we must withhold 48.5% of the payment as
required by law;
- The date;
- The details of the bank account which payment should be deposited into, including the account name, BSB number,
account number, name of bank and branch name;
- The payment amount (must match the total commissions requested not exciding the accrued balance);
- Our name "Qld Computer Management Services" (trading as Five Star Web Hosting Services).
Within 7 days of receiving a valid invoice (as described above), Web5star will post a cheque or transfer the payment
directly into Your nominated bank account.
Web5star accepts no responsibility for any loss incurred due to incorrect bank details being provided to us. If payment
has been made into the wrong bank account due to incorrect or inadequate details being provided to us, the payment will
not be made a second time.
You acknowledge and agree that Web5star is entitled to change the method of payment as it sees fit. For example, we may
cease to make payments into bank accounts and instead may start using a different payment method. If that occurs these
terms and conditions will be updated accordingly, and the new payment method will be used from the time of the change.
Customer Support
Web5star will provide technical support directly to Referred Clients. Web5star will also bill Referred Clients directly.
Access
You will not have access to a Referred Client's account unless that access is given to You by the Referred Client. The
Referred Client will be responsible for ensuring that their account is used in accordance with our terms and conditions.
Promotion
You must not promote Web5star's service through unsolicited emails, spam, news groups, banner networks or similar
channels.
Cancellation of Membership
In the normal course of business You are entitled to cancel the membership to our Affiliate Program at any time should
You wish to do so without any exit penalties. Commissions will be paid when they become due in accordance with the
above terms.
We reserve the right to refuse or cancel Your Affiliate membership, and access to related services and systems, at our
sole discretion.
Limitation of Liability
You indemnify Web5star and its directors, shareholders, employees and associates in relation to any Claim as a result of:
- The Service;
- Misuse of the Affiliate Program by You or any other person;
- Your breach of this Commercial Arrangement;
- Loss of data; or
- Service interruptions.
If a term is implied into this Commercial Arrangement by the Trade Practices Act 1974, Web5star's liability for breach
of the term is limited to the supply of the Service again, or the cost of having the Service supplied again.
Limitation of Liability
We make no statement, warranty, representation or promise not expressly set out in this Commercial Arrangement, or
required by law. We expressly disclaim all warranties, representations or promises in relation to the service.
Changes to these terms and conditions
We reserve the right to change these terms and conditions at any time. We will notify You if such an update occurs by
sending an email to the address we have on record for you. We will also maintain an updated version of the terms and
conditions on this web page. The new terms and conditions will apply from the time that they are published on our
website, and Your continued participation in our Affiliate Program will indicate and confirm Your acceptance of the
updated terms and conditions. Any updates to these terms and conditions will not reduce the commission rate on any
accounts already referred to us.
