Version: 11 September 2003
This Agreement is entered into, on and subject to the following:-

1. DEFINITIONS

1.1 In this Agreement, unless the contrary intention appears:
'Acceptable Use Policy' means WebHost DSA Pty Ltd's policy on prohibited uses of the Services. This Policy is described to some extent in this Agreement and is available in full directly from WebHost DSA Pty Ltd or from WebHost DSA Pty Ltd web-sites (www.webhost.com.au and www.dedicatedservers.com.au ), from time to time.
'Agreement' means this agreement for the provision of the Services between WebHost DSA Pty Ltd and the Customer, together with any additional pages attached which have been accepted online by way of online signup, or in hard format by the parties, including but not limited to the Service Order, Terms of Commercial Credit or Service Level Agreement and any other exhibits or addenda, represents the entire Agreement between WebHost DSA Pty Ltd and the Customer with respect to the Services and it supersedes all prior Agreements, proposals, representations and other understandings, whether oral or written by the parties.
'Backbone' means the WebHost DSA Pty Ltd telecommunications and/or data network used to provide the Service. Where appropriate the Backbone may also include elements of a Provider's telecommunications and/or data network.
'Charges' means the total charge payable by the Customer to WebHost DSA Pty Ltd as set out in the Service Order.
'Confidential Information' means all information exchanged between WebHost DSA Pty Ltd and the Customer, pursuant to this Agreement or in the course of the provision of the Services, but excluding information that: (a) is in the public domain or; (b) lawfully enters into the public domain other than by breach of this Agreement.
'Commencement Date' means the date when WebHost DSA Pty Ltd connects the Service.
'Customer' means the party named in the Service Order accepted by WebHost DSA Pty Ltd.
'Customer Equipment' means all equipment (including software), other than Service Equipment, that is used by the Customer to connect to or to use in conjunction with the Service.
'Customer Service' means any Service-specific support services supplied by WebHost DSA Pty Ltd as set out in the applicable Service Level Agreement.
'Early Termination Charge' means the amount payable by the Customer to the Company, as a result of the Customer's requested or caused termination of this Agreement, prior to the expiration of the Initial Period. This charge shall comprise the remaining balance of the total Charges that would have been paid by the Customer in the Initial Period had this early termination not occurred. The Early Termination Charge is not applicable if the Customer requests or terminates this Agreement after the expiration of the Initial Period and shall only be charged in accordance with the Service Order up to and including the next billing period after requesting or terminating this Agreement.
'Force Majeure' means any event or thing outside WebHost DSA Pty Ltd's reasonable control, which directly or indirectly causes WebHost DSA Pty Ltd becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond WebHost DSA Pty Ltd's reasonable control, which causes a delay or ultimately a failure to perform WebHost DSA Pty Ltd's obligations under this Agreement.
'Initial Period' means the Initial Period as specified in the Service Order during which WebHost DSA Pty Ltd agrees to provide the Services.
'Internet' means the integrated public network of computer networks.
'Internet Content Host' means the meaning in the Broadcasting Services Act, 1992 (Cth).
'Internet Industry Code' means the code developed for the co-regulation of certain Internet content, pursuant to the Broadcasting Services Act, 1992 (Cth).
'Internet Protocol Address' means a unique numeric identifier associated with a device connected to the Internet.
'Internet Service Provider' means the meaning in the Broadcasting Services Act, 1992 (Cth).
'Logon Details' means a unique pair of identifying attributes used to authenticate a Customer as an authorised end-user (or the Customer's customer as an authorised end-user) against a server, to enable the end-user to gain access to content (including data and other information) on the server or content on the network the server is connected to.
'Money Owed' means all payments the Customer is responsible for making to WebHost DSA Pty Ltd, now or in the future, conditionally or contingently, alone or with any other person, and for any reason, including (but not limited to) any one or more of the following occurrences:
(a) the price of any goods supplied under a contract of sale with WebHost DSA Pty Ltd;
(b) the contract value of any Service provided by WebHost DSA Pty Ltd;
(c) the Early Termination Charge;
(d) all Charges incurred by the Customer (but not yet invoiced) up to and including the termination date;
(e) all costs or losses WebHost DSA Pty Ltd incurs, including any legal and other costs or losses incurred if WebHost DSA Pty Ltd exercises its legal rights (including its rights on default);
(f) all costs or losses WebHost DSA Pty Ltd incurs, including any legal and other costs or losses incurred if WebHost DSA Pty Ltd is required to comply with any applicable law in relation to the Customer's use of the Services;
(g) all costs WebHost DSA Pty Ltd incurs in recovering Money Owed including under a guarantee, indemnity, charge or other security and;
(h) all interest charges incurred by the Customer under this Agreement.
(i) all charges relating to data utalisation under this Agreement
'Provider' means any supplier of Internet access, telecommunications and/or data acreage services to WebHost DSA Pty Ltd or to WebHost DSA Pty Ltd's suppliers.
'Security Deposit' means funds paid by the customer to WebHost DSA Pty Ltd for service supplied by WebHost DSA Pty Ltd to the customer. The security deposit is a advance paid on commencement of the service equal to one months payment for each service. The security deposit may, at the sole discretion of WebHost DSA Pty Ltd, be applied to the customers account in lieu of a final monthly payment at the completion of the service period or it may be used at any time other time by WebHost DSA Pty Ltd to meet any debts or associated costs incurred by the customer.
'Service Order' means the form entitled 'Service Order' attached hereto, which comprises the Customer's Service order details.
'Service' and 'Services' means the service or services provided by WebHost DSA Pty Ltd to the Customer as specified in the Service Order.
'Service Equipment' means, including but not limited to, all equipment, systems, cabling, software, and other facilities or property (for example, WebHost DSA Pty Ltd manuals) provided by WebHost DSA Pty Ltd to the Customer for the Service.
'Service Level' means the service levels if any specified by WebHost DSA Pty Ltd from time to time in a Service Level Agreement.
'Service Level Agreement' means the terms and conditions contained in any Service specific schedule attached hereto.
'Term' means the Initial Period specified in the Service Order together with any agreed renewal periods during which WebHost DSA Pty Ltd agrees to provide the Services.
'Terms of Commercial Credit' means the form entitled 'Terms of Commercial Credit' attached hereto (if applicable) which comprises WebHost DSA Pty Ltd's terms and conditions of its commercial credit facility.
'Web and WWW' means the World Wide Web of computers.

2. SUPPLY OF SERVICES

2.1 WebHost DSA Pty Ltd agrees to supply and the Customer agrees to take Services in accordance with this Agreement.

3. CUSTOMER OBLIGATIONS

3.1 Except as otherwise provided for in this Agreement, the Customer must at its expense, install, configure and maintain all necessary Customer Equipment and other third party equipment (including any third-party network services and/or software applications), to enable the Customer to use the Service. WebHost DSA Pty Ltd shall not be responsible for any fault or failure associated with any Customer Equipment or third-party equipment/software and is also not responsible for any loss or damage occasioned thereby.
3.2 The Customer warrants that its Customer Equipment/software used in conjunction with the Service complies with all applicable regulatory standards. The Customer must also ensure that for any of its customers' equipment, which is used in conjunction with the Service, also complies with applicable regulatory standards.
3.3 The Customer must not use nor permit any other party to use the Service, where such usage violates WebHost DSA Pty Ltd's current Acceptable Use Policy. This Policy currently prohibits at least the following conduct in relation to the use of the Services (this list is not exhaustive):
(a) to access, send mail or publish material that is defamatory, obscene, offensive, abusive, pornographic, menacing, or impermissible under any code or law at any place where transmissions are sent from or viewed;
(b) in connection with the breach of any law;
(c) to harass, threaten or cause a nuisance to anyone;
(d) to commit a crime or in the process of committing a crime;
(e) to distribute computer viruses;
(f) in connection with infringement of the intellectual property or other rights of any person including (without limitation) the distribution of unlicensed computer software;
(g) to perform or permit mass distribution of advertising material, except to people who have consented to the receipt of that material;
(h) to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network;
(i) to do anything that may jeopardize the security or integrity of any part of the WebHost DSA Pty Ltd network or the network of any Provider;
(j) to engage in any activities in such a manner as to expose WebHost DSA Pty Ltd or any Provider to a liability;
(k) to send unsolicited commercial e-mail or;
(l) to interfere with the use by other customers of the Backbone.
3.4 The Customer agrees to be bound by any conditions of use (including any conditions contained in an Acceptable Use Policy) for a Service, which is made from time to time in relation to the Backbone or Services, or to those of a Provider.
3.5 The Customer must not, and must not allow any person to, remove, relocate, modify, damage, destroy or interfere with any Service Equipment or any settings or parameters on or forming part of the Service Equipment.
3.6 The Customer warrants that it is authorized to use all Internet Protocol Addresses not supplied by WebHost DSA Pty Ltd under this Agreement, which it or its customers use in conjunction with the Services.
3.7 Where the Customer uses the Service to act as an Internet Service Provider or Internet Content Host to end-users, the Customer warrants it will not breach the Internet Industry Code.
3.8 Where the Service Equipment is installed for the purpose of the Customer's use of the Service, the Customer shall insure and keep insured, the Service Equipment against all risks and shall upon reasonable request from WebHost DSA Pty Ltd provide WebHost DSA Pty Ltd with evidence of such insurance.
3.9 The Customer is solely responsible for independently maintaining all insurances necessary for the protection of the Customer's equipment whilst in transit, or in situ, at WebHost DSA Pty Ltd's datacenters or business premises. This includes but is not limited to theft, fire, and third party damages insurance.
3.10 The Customer shall not, and shall not permit any other person to, without WebHost DSA Pty Ltd's prior written consent, resell any Internet, data or other Services provided by WebHost DSA Pty Ltd or accessed through the Backbone.
3.11 The Customer shall comply with all reasonable directions given by WebHost DSA Pty Ltd from time to time in connection with the use of the Service.

4. CHARGES, PAYMENT AND CREDIT PROVISION

4.1 The Customer shall pay all Charges as set out in each Service Order.
4.2 The Customer shall pay the Security Deposit on each service ordered.
4.3 The Customer may be required to make further advances against the initial Security Deposit In the following instances
(a) if the customers security deposit is depleted as a result of WebHost DSA Pty Ltd applying funds to meet customer charges.
(b) if the customers data usage charges exceeds two times the monthly charge for the base service.
4.4 The Security Deposit will be refunded in full to the customer within 30 (thirty) days after the Customer's 30 (thirty) day, written termination of the contract is received from the Customer if no outstanding charges are due by the Customer to WebHost DSA Pty Ltd. If such charges are due WebHost DSA Pty Ltd may apply the security deposit towards settling this debt.
4.5 The Security Deposit does not extend a time credit on billing cycle services.
4.6 If the Customer instructs WebHost DSA Pty Ltd in writing that the Customer is withholding or withdrawing all or part billing authority for WebHost DSA Pty Ltd to access the customer's payment authority, WebHost DSA Pty Ltd will deem such a request to also be a request for closure of the Customers service. This Service closure may occur immediately, and without further notice once instructions are received if the Customer's current Security Deposit and credit balance do not meet the outstanding charges calculated to the date of notification. This calculation includes the data costs used on a prorated basis on the Customer's service to that date.
4.7 The Customer is required at all times to maintain a credit balance with WebHost DSA Pty Ltd.
4.8 It is the Customer's sole responsible to supply and maintain with WebHost DSA Pty Ltd current billing and contact details that WebHost DSA Pty Ltd holds for periodic payment of the Customer's service. Such billing and contact details include but are not limited to current bank account details, credit card details, wire transfer details, email contact details, street address and alike.
4.9 Following any necessary WebHost DSA Pty Ltd credit-check and/or technical make ready work WebHost DSA Pty Ltd will deem the Service ready for use by the Customer. Unless the Customer experience faults with the Service, which relate to the Backbone or Service Equipment and which are communicated to WebHost DSA Pty Ltd in writing, the Customer becomes liable for Charges when the Service is ready for use. All install (or other notified fixed one-off start-up) Charges are then payable at the time of issuance of the first Service invoice. All recurring Charges are payable monthly in advance. All usage Charges are payable monthly in arrears.
4.10 The Customer shall pay all Charges in full without any deduction or set-off whatsoever on the date the invoice becomes due and payable.
4.11 All Charges are automatically debited to the Customers nominated Credit Card account on the date the invoice is due.
4.12 Non payment of accounts will result in the service being terminated on the date the credit balance is exhausted. The credit balance is exclusive of the Security Deposit held by WebHost DSA Pty Ltd.
4.13 Suspended accounts will incur a $100 reactivation fee per service which is suspended then reactivated under the terms of this section.
4.14 If payment is not received in full by the due date, the Customer shall be liable to pay interest on overdue Charges at an annual rate of 5% above the interest rate charged by the Commonwealth Bank of Australia on business overdraft accounts, compounding daily and payable monthly.
4.15 The Customer shall pay all taxes (including any goods and services taxes) as directed by any government authority arising in connection with this Agreement.
4.16 Subject to any Term, WebHost DSA Pty Ltd may vary the Charges set out in the Service Order by giving the Customer thirty (30) days written notice of such variation and the variation will be effective at the end of the thirty (30) day period. The Customer acknowledges that should it not agree with such variation, it shall be entitled to terminate this Agreement upon thirty (30) days prior written notice to WebHost DSA Pty Ltd , subject to clause 7.9 of this Agreement.
4.17 WebHost DSA Pty Ltd may, in its absolute and sole discretion, supply Services on such terms of credit as it deems appropriate. In the event WebHost DSA Pty Ltd elects to supply Services on terms of commercial credit, the Customer shall complete the Terms of Commercial Credit Form which shall be incorporated and form part of this Agreement.

5. NETWORK AND DATA SECURITY

5.1 The Customer is responsible for implementing and maintaining independent network security at the Customer's premise, or on the Customer equipment in the datacentre.
5.2 The Customer also acknowledges that the Backbone is not a secure and confidential method of communication and, therefore, the Customer transmits content (including data or other information) on the Backbone at its own risk.
5.3 WebHost DSA Pty Ltd does not make any representations or warranties concerning the effectiveness of the security of the Backbone.
5.4 WebHost DSA Pty Ltd is not liable for any unauthorized access to the Customer's data even where the access occurs as a result of a fault in equipment or software owned, operated or supplied by WebHost DSA Pty Ltd.
5.5 WebHost DSA Pty Ltd shall not be liable for the corruption, loss or erasure of any data stored or conveyed by the customer on the backbone, including any web related service, provided by WebHost DSA Pty Ltd. The Customer is responsible for protection of any such data and must backup all such data on a regular basis. The cost of such backup is the responsibility of the Customer.
5.6 To the extent consistent with any applicable law, WebHost DSA Pty Ltd shall not be responsible for any content accessed by the Customer (or its customers) through the Service and as such the Customer uses any Service-accessed content solely at its own risk.
5.7 Subject to applicable law, and for the purpose of complying with any legal obligations including (without limitation) pursuant to the Telecommunications Act 1997 (Cth), the Telecommunications (Interception) Act 1979 (Cth) or associated regulations, WebHost DSA Pty Ltd may at any time and at its absolute discretion:
(a) intercept or monitor the Service, or enable another authorised person to intercept the Service, or data being transmitted over the Service
(b) monitor use of the Service; or
(c) suspend or examine the Service (including examination of Customer e-mail, records and other data).

6. INTERNET PROTOCOL ADDRESSES

6.1 For any Internet Protocol Addresses supplied to the Customer by WebHost DSA Pty Ltd for the Customer's use of the Service, WebHost DSA Pty Ltd conditionally grants the Customer a license ('License') to use 1 (one) Internet Protocol Address.
6.2 The License is granted to the Customer on the conditions that it: (a) is exclusive to the Customer and hence cannot be transferred and;
(b) the Internet Protocol Address the License relates to, is used for the sole purpose of connecting Customer Equipment to use the Service.
6.3 The License terminates:
(a) immediately if the Customer breaches either of the License conditions set out in sub-clauses 6.2(a) and 6.2(b) or;
(b) otherwise on termination of the Service or Agreement, either by 30 (thirty) day written notice by the Cutomer, or at the discretion of Webhost DSA Pty Ltd.
6.4 If the Customer requires more than the initially allocated 1 (one) Internet Protocol Address for its use of the Service, WebHost DSA Pty Ltd can provide further Addresses on a price-on-application basis. Any further issuance of Addresses will be subject to the conditions in clause 6.2.

7. TERM, SUSPENSION AND TERMINATION

7.1 The Initial Period of a Service is set out in the Service Order and commences on the Commencement Date.
7.2 WebHost DSA Pty Ltd may suspend a Service until further notice without prejudice to any right it might have to terminate the Agreement, if it considers in its absolute discretion that the Customer has breached any of its obligations under this Agreement. This suspension will not constitute a breach by WebHost DSA Pty Ltd of this Agreement and WebHost DSA Pty Ltd will not be liable to the Customer or any third party for any loss or damage occasioned by this suspension. The Customer will remain liable for all its obligations under this Agreement during this suspension and for WebHost DSA Pty Ltd's direct reasonable costs incurred due to the suspension.
7.3 WebHost DSA Pty Ltd may also suspend a Service to undertake planned or unplanned maintenance of the Backbone or the Service Equipment. For planned maintenance, WebHost DSA Pty Ltd will undertake to provide reasonable notice to the Customer of this event. For unplanned maintenance WebHost DSA Pty Ltd will undertake to provide as much notice as possible, given the circumstances.
7.4 WebHost DSA Pty Ltd may immediately suspend, terminate or disconnect the Service or any part of the Service without notice and without liability to the Customer or any other person:
(a) at the direction of any authorized entity, including (without limitation) a law enforcement, government, semi-government, statutory or administrative body and;
(b) if the Customer acts in a manner that in WebHost DSA Pty Ltd's absolute discretion may have the effect of placing the operation or integrity of the Backbone at risk or;
(c) to protect WebHost DSA Pty Ltd or any Provider from actual, threatened or potential legal liability.
7.5 Upon the expiration of the Initial Period, this Agreement (including the License hereby granted) will be automatically renewed for successive agreed renewal periods, subject to the then prevailing Charges applicable to the Services.
7.6 This Agreement however, shall not be automatically renewed in respect of the Services (and License therein) provided hereunder, if either party shall give thirty (30) days prior written notice of its intention to terminate the same on the expiration of the then current period.
7.7 Notwithstanding clause 4.6 herein, if the Customer requests (written/verbal) termination or causes termination of a Service (or Agreement), due to its act or omission, before the expiry of the Term, the Customer shall pay WebHost DSA Pty Ltd the Early Termination Charge.
If this agreement is entered into under a minimum time period (either express or implied) and terminated before this time by either party, the balance of Monies Owed is still due and payable by the Customer to Webhost Pty Ltd. Ths stands even if the Customer has given appropriate (30 days written notice) prior notice
7.8 Webhost Pty Ltd 'may terminate this Agreement immediately without notice if:
(a) the Customer (or any of its representative/s) commits a material breach of this Agreement and fails or is unable to remedy that breach within 14 days after receiving written notice from the other party of the breach or;
(b) the Customer (or its controlling company) is insolvent or takes any corporate action or other steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms approved by the party proposing to terminate this agreement) or for the appointment of a receiver, receiver and manager, official manager, liquidator, provisional liquidator, trustee or similar officer of it or of any or all its assets and undertakings.
7.9 On termination of this Agreement, the Customer shall pay WebHost DSA Pty Ltd all Money Owed and unpaid at the termination date and any interest on Money Owed. The Customer is not relieved of this obligation if at termination it fails to pay all Money Owed.
If 30 (thirty) days written notice is not given by the Customer to Webhost DSA Pty Ltd prior to termination date of service/s Webhost DSA Pty Ltd are not required to refund any Monies pre-paid by the Customer to Webhost Pty Ltd including, but not limited to, 'any security deposit held by Webhost DSA Pty Ltd.
7.10 Termination will also trigger a right for WebHost DSA Pty Ltd to enter the Customer's premise upon prior written notice to Customer, to recover any Service Equipment. Should WebHost DSA Pty Ltd be unable to exercise this right due to an act or omission of the Customer, the Customer will become liable for the as new replacement cost of the Service Equipment (forming part of Money Owed) on its premises.
7.11 Should, in WebHost DSA Pty Ltd's reasonable opinion, the Service Equipment referred to in clause 7.10 be recovered in a condition materially inferior to that condition it was initially installed at the Customer's premise, save for reasonable wear and tear, the Customer will be liable for the as new replacement cost of this Service Equipment (forming part of Money Owed).
7.12 On termination of the License the Customer must also immediately cease using and remove any Internet Protocol Addresses supplied as part of the Service, from the Customer Equipment which had been using the Service.
7.13 If at termination the licensed Internet Protocol Addresses continue to be used by the Customer, without WebHost DSA Pty Ltd's agreement, WebHost DSA Pty Ltd shall have the surviving right to continue to charge the Customer the Service Charge (forming part of Money Owed) for these Addresses, plus a charge (forming part of Money Owed) reflecting WebHost DSA Pty Ltd's reasonable costs incurred due to the Customer's un-licensed use of WebHost DSA Pty Ltd-supplied Internet Protocol Addresses.

8 . RELEASE AND INDEMNITY

8.1 WebHost DSA Pty Ltd makes no warranties of any kind, express, implied or statutory, concerning data, information or other content available through the Backbone. The Customer is solely responsible for all data (including images, text, sound, programs and computer viruses) accessed as a result of using the Services.
8.2 The Customer agrees to release, indemnify and hold WebHost DSA Pty Ltd (including its directors, employees, contractors, agents) and its associated companies (including their respective directors, employees, contractors, and agents) harmless from and against all actions, claims and demands which may be instituted against WebHost DSA Pty Ltd arising out of or in connection with:
(a) a claim for patent, trademark, copyright or intellectual property right infringement being made against WebHost DSA Pty Ltd by a third party in connection with the Customer's use of the Services;
(b) a claim for an infringement being made against WebHost DSA Pty Ltd by a third-party in connection with the Customer's use of an Internet Protocol Address not supplied by WebHost DSA Pty Ltd under this Agreement;
(c) a claim for an alleged infringement of any law made against WebHost DSA Pty Ltd by a third party in connection with the Customer's use of the Services;
(d) the use of the Services by a person using the Customer's Service Logon Details or Internet Protocol Address with, or without, the Customer's authority;
(e) any breach by the Customer of its warranties or its other obligations in this Agreement and;
(f) any negligent or wilful act of the Customer or any of its officers, employees, contractors or agents which would have been a breach of this Agreement if performed by the Customer using its Service Logon Details or Internet Protocol Address.
8.3 If the Agreement for Service is signed by a person on behalf of a Customer the signatory warrants that the signatory has the authority to sign the Agreement on behalf of the Customer.
8.4 The Customer shall continue to hold harmless and indemnify WebHost DSA Pty Ltd from any third-party claims or actions resulting from its unlicensed use of WebHost DSA Pty Ltd-supplied Internet Protocol Addresses.

9. WARRANTY AND LIMITATION OF LIABILITY

9.1 In performing its obligations under this Agreement, WebHost DSA Pty Ltd shall exercise due skill and reasonable care.
9.2 Where WebHost DSA Pty Ltd provides a Service to act as an Internet Service Provider or Internet Content Host to Customers who are end-users, WebHost DSA Pty Ltd warrants that it will not breach the provisions of the Internet industry Code, to the extent that this Code is applicable to the Service.
9.3 Except as expressly provided in this Agreement, neither party will have any obligation, duty or liability of any kind (including direct, indirect and consequential losses) in contract, tort, under any statute or at law to the other party arising from or in connection with this Agreement or the Service.
9.4 If any claim arising out of, or in connection with, this Agreement results in WebHost DSA Pty Ltd becoming liable for any loss or damage to the Customer, then WebHost DSA Pty Ltd's liability for loss or damage shall be limited to payment of the sum of total Charges paid or payable to WebHost DSA Pty Ltd by the Customer over the duration of this Agreement.
9.5 Except as expressly provided to the contrary in this Agreement any condition or warranty which would otherwise be implied is hereby excluded. Where legislation implies in this Agreement any condition or warranty, and that legislation voids or prohibits provisions in a contract, which exclude or modify the operation of that condition or warranty, the condition or warranty is deemed to be included in this Agreement. However, WebHost DSA Pty Ltd's liability for breach of the condition or warranty will be limited, at WebHost DSA Pty Ltd's option, to one of the following: (a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or;
(iv) the payment of the cost of having the goods repaired;

and (b) If the breach relates to services:
(i) the re-supply of the services, or;
(ii) the payment of the cost of re-supplying the services.
9.6 The Customer acknowledges that to the extent permitted by law, any Service Level credit payable by WebHost DSA Pty Ltd to the Customer, will be the Customer's sole remedy regarding an event giving rise to payment of the credit.

10. LIEN

The Customer acknowledges and agrees that WebHost DSA Pty Ltd shall have a ongoing lien on all Customer Equipment delivered into the Providers facilities for all Monies Owed or other charges of any kind arising out of, or in connection with, this Agreement and WebHost DSA Pty Ltd may refuse to surrender possession of the goods, and refuse to deal with any claim, until such charges are paid.

11. GENERAL

11.1 Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. Failure by a party to exercise, or delay in exercising, a right, power, or remedy does not constitute a breach of contract.