By signing up with NewSprout, you agree to ongoing monthly auto-payments (you can cancel the month to month service anytime before the invoice Due Date), you agree to pay for the month in advance with no refunds for any unused portion of a single month and you have read and agree to all of the below Terms and Conditions.

Please have a look below at our terms if you are after the fine print :-). There shouldn't be any surprises here, we are definitely not trying to hide anything or spring anything on you after you have signed-up with NewSprout. Pure and simply put this is so we can both understand each other as well as possible, and in so doing, we have tried to keep it as simple and fair as possible. Please let us know should you have any questions.

Force Majeure Event

NewSprout shall not be liable for any default or delay in the performance of its obligations which is due to a Force Majeure Event.

Privacy

NewSprout does not disclose your personal information to any parties outside NewSprout, except as required by law or by domain registrars in order to process your domain application. NewSprout will not release, make public or sell your personal information to a third party, unless written permission has been given to us by you requesting us to do so, or unless we are required to do so by Australian law with the correct jurisdiction.

Additionally to the above, this eWay Privacy Policy applies to all credit card payments through NewSprout.

Our Terms and Conditions

1. Payment Terms:

1.1. By accepting these Terms and Conditions you agree to an ongoing automatic payment via Credit Card, Debit Card or PayPal.

1.2. No transaction fees will be charged via payments made using Credit Card, Debit Card or PayPal.

1.3. Credit Card or Debit Card recurring payments will happen automatically each month unless you choose a different payment method. By making payment with a card you authorise us to automatically bill you each month through our secure token based gateway, EWAY.

1.4. If you choose PayPal as your payment method you will need to select the "PayPal Subscribe" option for recurring payments to happen automatically each month.

1.5. If we agree to accept any other payment type, such as: Bank Transfers or Electronic Fund Transfer (EFT) or Cheque payments, these will incur a $2 processing fee per transaction, as this is a manual process. If you prefer not to have any transaction fees, please choose either the card or PayPal option as your payment method.

1.6. Overdue invoices may incur a $10.00 admin fee. In the event of any service being suspended due to non-payment, an additional $10.00 reconnection fee will also be payable before the service is unsuspended. In the event of a service being cancelled due to non-payment, all outstanding invoices are due and payable in full, and for any reconnections, a $95 setup fee will apply.

1.7. NewSprout's aim is to reduce costs as far as possible, this is largely done through automating our processes as much as possible.

2.  Payment in Advance:

2.1. Ongoing fees are charged in advance (at the beginning of each month) and cancellations occur at the end of the monthly period.

3.  Refunds:

3.1. Part refunds may be made for any unused portion of a single month depending on the service. NewSprout have no long term contracts and operate a Month-to-Month service, we invoice you 10 days in advance and require notice of cancellation before the Due Date of the invoice please.

4. Cancellation Terms:

4.1. NewSprout operates Month-to-Month services. Either the Client or NewSprout may terminate the Service by giving notice to the other before the next invoice's Due Date.

4.2. A cancellation request for any Mobile service, NBN Broadband, Fibre Broadband, Web Hosting, Dedicated Server Hosting, Co-location or Domain Name Registration service must be received before the next invoice's Due Date,

via our Client Area: https://myaccount.newsprout.com.au/clientarea.php,

via Email (using an email address listed as a contact on your account) to support@newsprout.com.au, or

via the Contact Form on our website https://www.newsprout.com.au/support.

4.3. If we receive no cancellation request from you, either through the client area, via email (using an email address listed as a contact on your account) to support@newsprout.com.au or completing the contact form on our website, your account will remain active and payable until such time as we do receive a formal cancellation for hosting services or until we receive a notice of cancellation from NBN or the Mobile network operator.

4.4. Your service may be suspended due to non payment even though your account is still active. It is agreed that the service will not be cancelled until you notify us using one of the above contact methods.

4.4.i. To put it simply, we do not know if you want a hosting service or domain cancelled until you formally inform us via one of the 3 methods above as you may still be using the active service for development or testing purposes.

4.4.ii. If a Mobile or NBN service is not required any longer and you move out of your premises, the service will remain active until you ask us to cancel it or change address. If you want the service cancelled you need to inform us via one of the 3 methods above.

4.4.iii. If a Mobile or NBN service is moved away to another provider we will be notified by the Mobile network operator or the NBN and we will cancel your service with us and refund any amounts owing.

4.5. In the event of any service being suspended due to non-payment, a minimum $10.00 reconnection fee will be payable before the service is unsuspended. In the event of a service being cancelled due to non-payment, all outstanding invoices are due and payable in full, and for any reconnections, a minimum $95 setup fee will apply.

4.6. NewSprout offer no long term contract, only month to month services.

4.7. Your account will remain Active with all invoices owing, regardless of whether a service is suspended until such time as you have sent a formal cancellation request or we have received cancellation notice from the Mobile network operator or from NBN.

4.8. For a cancelled service, the final invoice/s are due. Failure to give cancellation notice of the service before the next invoice's Due Date, and if the service has not been moved away and is still active for part of the following month after cancellation has been requested, will result in part of that invoice being due. After your cancellation request is received this invoice will become the final monthly payment that is due.

4.9. If you selected the "PayPal Subscribe" option as your method of payment, and you cancel your service with us, it is up to you to cancel the Subscription in your PayPal Login to end any ongoing Subscription Payments.

4.10. If an incorrect domain name is ordered or an error is made during the order, a cancellation request for the new Domain Registration must be completed via the form https://www.newsprout.com.au/support within the first 2 days of registration. There is no guarantee we can fulfil the cancellation with the applicable Registry, however we will do all we can to get a successful cancellation and refund. If a cancellation is not possible, then there will be no refund for your domain.

4.11. Cancellation, by the Client or NewSprout, will result in any data being permanently removed from NewSprout’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any data stored within their hosting space. NewSprout will not be liable for loss of data, or be obliged to provide any such data once the hosting has been cancelled or expired. Any backups made by NewSprout will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

4.12. Any breach by Applicant of the Terms and Conditions contained herein, including but not specifically limited to the payment terms, NewSprout has the right to immediately demand compliance forthwith with all the Terms and Conditions and demand full payment of any amounts owing, including any recovery fees incurred by NewSprout. Alternatively and whilst not forfeiting any legal rights owing to NewSprout, to terminate the services and this agreement forthwith.

5. Financial hardship

5.1. If you find yourself in an unforeseen situation, such as a natural disaster like fire, flood or drought, a death in the family, sudden illness, sudden unemployment or other causes please let us know by contacting us as soon as you are able to.

5.2. How can we assist you?

5.2.1. We will work with you on a case by case basis to determine if we can help you through your situation if you are struggling to meet your current financial commitments. If necessary we can help work out a payment plan to get things back on track.

5.2.2.i. We have no contracts meaning you will not be locked into an unwanted or unneeded contract

5.2.2.ii. We can cancel your plan as per our Cancellation Terms above
Or transfer you to a lower cost plan
We have no excess data fees for Broadband services
For mobile, your usage is restricted unless you top-up or upgrade
We have no early termination fees
If there are any outstanding fees we may need to ask you some questions about your situation and your financial circumstances

5.3. Please call us during business hours or email us anytime:

02 6687 6533 or 1800 NO CONTRACT

support@newsprout.com.au

5.4. We may need further info, for example:

• A statutory declaration explaining your circumstances

• Information from your financial counsellor

• A statement showing your financial position
We understand it can be difficult to provide certain documents and we are here to work with you.

5.5. Where can I get more help?

National Debt Helpline: 1800 007 007 (minimum opening hours are 09:30 to 16:30 Monday to Friday, Australia wide).
St Vincent de Paul Society, Salvation Army, and Anglicare.

6. Hosting Terms:

6.1. NewSprout ("New Sprout Pty Ltd") hosts websites and related material on the NewSprout server(s) on behalf of it's Applicants ("Applicant") and registers domains according to their relevant governing body. These terms and conditions apply to Web Hosting services offered by NewSprout as well as the use and registration of Domain Names through NewSprout.

6.2. The NewSprout Applicant hereby:

6.2.1. acknowledges all NewSprout prices are in Australian Dollars (AUD) and all prices are inclusive of GST.

6.2.2. acknowledges all statements made in this application are confirmed to be true and correct by the Applicant. NewSprout reserves the right to request further proof.

6.2.3. any disputes arising in relation to this application shall be governed by the applicable Australian laws.

6.2.4. NewSprout expressly limits its damages to the Applicant for any down time or non-accessibility time to the pro-rata monthly charge during the system unavailability. NewSprout specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

6.2.5. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

6.2.6. agrees to not use your requested domain name(s) until you have received confirmation of registration as we do not warrant or guarantee that the domain name you ordered will be registered until this confirmation is received.

6.2.7. The relevant naming authorities control both the registration of the domain name and its ongoing use according to their terms and conditions of use. It is your responsibility to ensure that you comply with them and are aware of their terms and conditions.

6.2.8. Confirms that the registration or use of the Domain Name by Applicant does not infrinige nor interfere with the rights of any third party in any jurisdiction with respect to tradename, service mark, close corporation name, company name, copyright, trademark nor any intellectual property right, and that Applicant has the right to use the Domain Name as requested;

6.2.9. accordingly indemnifies NewSprout against any loss whatsoever arising from any claim or dispute occasioned by the Applicant’s registration and use of its selected Domain Name, even if NewSprout has been advised of the possibility of such damages.

6.2.10. you indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

6.3. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.

6.4. NewSprout in no way supports, encourages, promotes or hosts any materials which are deemed to be offensive or illegal. This includes pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and Hate propaganda. NewSprout will not host websites offering a technology, device, service, product, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e. ModChips.

6.5. NewSprout reserves the right to host any materials and may, at its will and at any time, reject this material, including but not limited to any time after it has been put on NewSprout's server(s). NewSprout will afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of NewSprout. As directed by NewSprout, if the Applicant fails to modify the material, within a reasonable period of time, the Agreement shall be deemed terminated.

6.6. Applicant certifies that they are 18 years or older, have full contractual capacity and are duly authorised by the Applicant to contract on Applicant's behalf.

6.7. NewSprout has zero tolerance for the use of their services for the sending of Spam or unsolicited email. This will result in immediate suspension and legal action.

6.8. Applicant may cancel their Web Hosting service with NewSprout within the first 30 days from this application and NewSprout will refund all money paid to us for that specific service. The cancellation request for the Web Hosting service must be completed via the form https://www.newsprout.com.au/support during the first 30 days from this application.

6.9. For any web hosting migrations, NewSprout may assist moving files from an old host's servers to NewSprout's servers as a gesture of goodwill. NewSprout recommends involving a professional web designer or web developer for such tasks and as such NewSprout specifically denies any responsibilities for any damages arising as a consequence of us assisting in moving your website files to our servers. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your website migration.

7. Backups:

7.1. Clients are solely responsible for backing up their data and NewSprout strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. NewSprout will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

7.2. NewSprout may, in some instances, offer a separate backup service in conjunction with your hosting service, and will either make such backups available to Clients through the cPanel or on request as and when they are available. However, NewSprout does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

7.3. Clients are ultimately responsible for their own data, and NewSprout strongly encourages such Clients to download a copy of their backups from cPanel regularly and/or continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

7.4. NewSprout also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by NewSprout by instruction from Clients or by Clients themselves.

7.5. NewSprout will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

8. Domain Names:

8.1. The following Domain Name Suppliers' Code of Practice are applied by the relevant registrars for the following domains:

.au domains Code of Practice

ICANN's Registrants' Benefits and Responsibilities

9. NBN Broadband and Fibre Broadband Terms:

9.1. NewSprout ("New Sprout Pty Ltd") provides internet services on NewSprout's and it's Supplier's infrastructure on behalf of it's Applicants ("Applicant"). These terms and conditions apply to Broadband services offered by NewSprout.

9.2. End User Agreement:

9.2.1. Installation and operation of a Monitoring Service may cause temporary disruption to an NBN service.

9.2.2. Where the End User has, or is acquiring, a Monitoring Service the End User may need to install additional equipment (this equipment is not at NewSprout's cost or its Suppliers' cost and NewSprout or its Suppliers have no responsibility for this equipment) to be able to receive the NBN service.

9.2.3. NewSprout or its Suppliers may at any time change the method of delivery of the Broadband service.

9.2.4. During a transfer of an NBN service or Fibre service to NewSprout there may be a brief period when the NBN service is interrupted. NewSprout and its Suppliers are not liable for any interruption or delay in the transfer process.

9.2.5. NewSprout has no way of knowing if we can achieve a successful NBN connection until provisioning is attempted. An active copper pair is needed before we can provision some NBN services and the necessary infrastructure at the carrier level needs to be in place before we can provide an NBN service.

9.2.6. You agree to not hold NewSprout liable for any expenses occurred by it’s own suppliers, by the NBNCo or by any other third party providers if provisioning is not successful. This may be due to any infrastructure limitations, including network shortfall, length or quality of copper or any other infrastructure limitations.

9.2.7. If no Broadband service can be connected due to limitations with NewSprout or its Suppliers and Carriers infrastructure, we will refund the service fee already paid to us by you.

9.2.8. Neither NewSprout nor its Supplier (which may be referred to as a Carrier or Supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service regardless of the cause of delay. Neither will we be liable for incorrect information, whether it is intentionally or unintentionally, supplied to us by the End User or anyone acting on the End User's behalf.

9.2.9. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

9.2.10. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.

9.2.11. NewSprout makes no guarantees for any of its broadband speeds delivered. Whilst we will attempt to deliver our stated speeds within the limitations of our suppliers, it is to be understood this is an industry standard on explaining the upload and download speeds attainable, but very rarely achieved. This is affected by many factors, some of which are: connection method, content, source of content, number of users using the same connection, end users network and/or equipment and/or connections to the local exchange, distance from the local exchange.

9.2.12. NewSprout makes no guarantees for any of its broadband supply. We will only receive certain information from the carriers once provisioning has begun with a service. In some cases it may mean we cannot supply broadband and we will notify you. However neither NewSprout nor its Supplier is liable for any financial loss due to this process.

9.2.13. NewSprout makes no guarantees for any of its broadband supply. We will only receive certain information from the carriers once provisioning has begun with a service. This is based on the information provided to us by you the End User. If incorrect information or missing information or any information regarding a property's address is withheld or not supplied to us intentionally or unintentionally, neither NewSprout nor its Supplier is liable for any financial loss due to this process, or due to the connection being connected at the incorrect location.

9.2.14. The End User must comply with the Acceptable Usage (9.2.15.). NewSprout or its Suppliers have certain obligations to assist law enforcement, Regulators and other agencies with internet services. We may immediately suspend or terminate a Broadband service if any of the events specified in this Agreement occur, and whether or not this occurs, the End User remains liable for the use of the service.

9.2.15. Acceptable Usage (not limited to the below):

9.2.15.i. The Customer warrants that it will not use, or attempt to use, a Service: 1). to break any law or to infringe another person's rights, including violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets; 2). that results in the sale, transmission or distribution of pirated or illegal software; 3). that results in copyright abuse, copyright infringement or unauthorised distribution of copyrighted software or material; 4). to expose NewSprout or its suppliers to liability; 5). to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted: or 6). in any way which damages, interferes with or Interrupts the Service, the NewSprout Network or a Supplier Network.

9.2.15.ii. Any violation of local and international laws.

9.2.15.iii. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with NewSprout on behalf of another subscriber without their consent.

9.2.15.iv. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

9.2.16. NewSprout may ask the Customer to stop acting or failing to act in a manner which NewSprout reasonably believes is contrary to any of 9.2.19. or otherwise. The Customer will as soon as reasonably practicable (but in any case within one Calendar Day) comply with any such request. If the Customer does not, then NewSprout may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with 9.2.19. including suspending or cancelling the entire Service.

9.2.17. Whether or not NewSprout supply you with a Modem/Router it should be plugged into a surge protection power-board. NewSprout does not cover any hardware loss from power spikes in electricity or any hardware loss from lightning in your area. Particular Service Terms for NewSprout supplied hardware may allow for hardware replacements, at NewSprout's sole discretion, within the first year.

9.2.18. This agreement and indemnities relate to NewSprout and our third party Suppliers and may be exercised by them, as we may use third party Suppliers to provide any part of our services. Nothing in this agreement entitles you to make any claim against a third party. The words "our", "us" and/or "we" may be interpreted to include a third party.

10. NBN FTTN and FTTB Broadband - Special Terms:

10.1. We really do hate having to add terms like this and it only applies to FTTN (Fibre to the Node) or FTTB (Fibre to the Basement) - it does not apply to standard FTTP (Fibre to the Premises) or Wireless NBN.

10.2. End User Agreement:

10.2.1. "I confirm that Installation Consent is given for my FTTB/FTTN Installation in respect of any affected existing Voiceband Service and/or Non-Voiceband Service being supplied over the NBN™ Copper Pair at my Premises.”

10.2.2. There may be additional activation fees (charged by the NBN™) for an FTTN or FTTB installation. NBN™ charge this and we have no way to avoid these additional fees. An example of the setup is: $95 Once Off + NBN™ activation (approx. $300) or NBN™ New Development Charge (approx. $300).

10.2.3. With FTTN and FTTB, existing Voiceband/PSTN services connected to your premises on the copper may cease.

10.2.4. Please also be aware that back-to-base alarms and medical alarms will no longer work and are not supported on FTTN and FTTB NBN connections.

10.2.5. NBN are recommending a central splitter. They have advised if any faults arise due to “no" central splitter being fitted then hefty fees will be on-charged by the NBN™. You may require a registered cabler to connect these to your NBN™ service. This means that you will be responsible for the cost of any such cabling work.

10.3. As we said, we really don't like to impose such terms on you, however these only apply to the NBN™ FTTN and FTTB services.

11. Mobile Terms:

11.1. NewSprout ("New Sprout Pty Ltd") provides mobile voice and data services on NewSprout's and it's Supplier's infrastructure on behalf of it's Applicants ("Applicant"). These terms and conditions apply to all Mobile services offered by NewSprout.

11.2. End User Agreement:

11.2.1. NewSprout or its Suppliers may at any time change the method of delivery of the Mobile service.

11.2.2. During a port (or transfer) of an existing Mobile number to NewSprout there may be a brief period when the Mobile voice and data service is interrupted. NewSprout and its Suppliers are not liable for any interruption or delay in the transfer process.

11.2.3. You agree to not hold NewSprout liable for any expenses occurred by it’s own suppliers or by any other third party providers if provisioning is not successful. This may be due to any infrastructure limitations.

11.2.4. If no Mobile service can be connected due to limitations with NewSprout or its Suppliers and Carriers infrastructure, we will refund the service fee already paid to us by you.

11.2.5. Neither NewSprout nor its Supplier (which may be referred to as a Carrier or Supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service regardless of the cause of delay. Neither will we be liable for incorrect information, whether it is intentionally or unintentionally, supplied to us by the End User or anyone acting on the End User's behalf.

11.2.6. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

11.2.7. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.

11.2.8. NewSprout makes no guarantees for any of its mobile data speeds delivered.

11.2.9. NewSprout makes no guarantees for any of its Mobile voice or data supply. We will only receive certain information from the carriers once provisioning has begun with a service. In some cases it may mean we cannot supply Mobile services to you. We will notify you should this be the case. However neither NewSprout nor its Supplier is liable for any financial loss due to this process.

11.2.10. NewSprout makes no guarantees for any of its Mobile service supply. We will only receive certain information from the carriers once provisioning has begun with a service. This is based on the information provided to us by you the End User. If incorrect information or missing information or any information regarding personal details is withheld or not supplied to us intentionally or unintentionally, neither NewSprout nor its Supplier is liable for any financial loss due to this process, or due to a problem with the connection of the service.

11.2.11. The End User must comply with the Acceptable Usage (9.2.19.). NewSprout or its Suppliers have certain obligations to assist law enforcement, Regulators and other agencies with internet services. We may immediately suspend or terminate a Mobile service if any of the events specified in this Agreement occur, and whether or not this occurs, the End User remains liable for the use of the service.

11.2.12. Downloads and Uploads both count towards your Monthly Broadband Data Allowance. Once your Monthly Data Allowance is reached your Mobile data will be suspended. You have the option to remain suspended until the end of the billing period when your quota is reset, or upgrade your data if you think you will run out. Voice services will continue to work once data limits have been reached.

11.2.13. Acceptable Usage (not limited to the below):

11.2.13.1. The Customer warrants that it will not use, or attempt to use, a Service: 1). to break any law or to infringe another person's rights, including violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets; 2). that results in the sale, transmission or distribution of pirated or illegal software; 3). that results in copyright abuse, copyright infringement or unauthorised distribution of copyrighted software or material; 4). to expose NewSprout or its suppliers to liability; 5). to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted: or 6). in any way which damages, interferes with or Interrupts the Service, the NewSprout Network or a Supplier Network.

11.2.13.2. Any violation of local and international laws.

11.2.13.3. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with NewSprout on behalf of another subscriber without their consent.

11.2.13.4. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

11.2.14. NewSprout may ask the Customer to stop acting or failing to act in a manner which NewSprout reasonably believes is contrary to any of 9.2.19. or otherwise. The Customer will as soon as reasonably practicable (but in any case within one Calendar Day) comply with any such request. If the Customer does not, then NewSprout may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with 9.2.19. including suspending or cancelling the entire Service.

11.2.15. NewSprout does not cover any hardware loss relating to their Mobile services.

11.2.16. This agreement and indemnities relate to NewSprout and our third party Suppliers and may be exercised by them, as we may use third party Suppliers to provide any part of our services. Nothing in this agreement entitles you to make any claim against a third party. The words "our", "us" and/or "we" may be interpreted to include a third party.

12. Terms and Conditions - Subject to Change

12.1. Our Terms and Conditions may change and need updating from time to time without notice to the client. By using our services, you hereby undertake to familiarise yourself with changes made to the Terms, and thereby indemnify NewSprout from claims arising from misunderstandings or ignorance on the part of you (the client) arising from such amendments. Any such changes will be made available on our Terms and Conditions page on our website.

12.2. Continued use of our service/s and products expressly binds clients tacitly to the current Terms and Conditions.

12.3. NewSprout may vary or terminate this agreement (the service/s supplied to you by NewSprout) at any time by giving you "the Customer" 21 days written notice. Written notice will be via an email to the current Primary Contact (listed under "My Details" in the client area https://myaccount.newsprout.com.au/clientarea.php) which is nominated by the Customer during signup, or editted in the client area by the Customer after signup.

12.4. NewSprout reserves the right to take action against any violation of our terms or acceptable use against any individuals, companies or organisations if they engage in any illegal or unlawful activity while accessing NewSprout's services, to the fullest extent of the law.

12.5. NewSprout reserves the right, at its sole discretion, to act against other types of abuse not listed in our terms or this document and to investigate or prevent illegal activities being committed over our network.

12.6. NewSprout reserves the right to cancel or reject a client's application for service if NewSprout deems it necessary.

12.7. NewSprout does not waive its right to enforce our terms or acceptable use at any time, or prejudice its right to take subsequent action, should we fail, neglect or elect not to enforce a breach at any time.