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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42660
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have had my websites hosted with Aussie Internet years and

Customer Question

Good afternoon, I have had my websites hosted with Aussie Internet for many years and would now like to change hosting services, as the above named company have now been very useful in helping me for the last two years.
They are now refusing to delegate the Domain Name Server.
Is this legal
Thank You Chris
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a copy of the agreement you entered with them when you started using them?

Customer: replied 1 year ago.
Unfortunately no, as my late husband had an unusual filing system, I do however have all my details as listed on WHO IS
plus I moved house after he passed, so all lot of paperwork has been thrown out as we have been with them since 2006
Expert:  Leon replied 1 year ago.

Good Afternoon

They cannot refuse to allow you to take your website. All they can do is enforce the agreement.

If you know who they are you may be able to find terms and conditions on their website. If not ask them for a copy. This will tell you the notice you have to give them and what else is required for your to change hosting.

There would be a notice period that you have to give.

If you pay monthly I would assume you would have to give them one months notice.

If they refuse to assist you can then lodge a complaint about them to the telecommunications ombudsman.

It is your website and you can move it and do with it as you wish subject to the terms and conditions.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
domain name beautifulcardmaking.com.au company name, beautiful scrapbooks Registrant it says me,, but my husband put my name down on the advice of Albert Kuppe, who is no longer with the company, and my husband had no real financial part of the business.
Name Server ns1.aussieinternet.com.au ns2aussieinternet.com.au Registrar name Synergy Wholesale P/L Registrant Contact ID 1407997034510948 I have given them approximately 4 months notice
Expert:  Leon replied 1 year ago.

Good Afternoon

You are the one that has to deal with it as you are the owner.

Notice has to be in writing and the terms and conditions will explain what you have to do

When I say website I mean the website of the hosting company.

The people that are maintaining and hosting your website. This is with whom your husband entered the agreement.

Customer: replied 1 year ago.
Well that is where the problem comes in, at the time they were the hosts for SHOP FACTORY WHOM I AM USING> After a mistake on their part in the removal of an email address I had to another website, it caused the existing one to fail, they wanted to build me a new website, but it was ridiculously expensive, and I wanted to stay with SHOP FACTORY as I am familiar with the way the back end operates, and I am comfortable with the results they achieve. Aussie Internet no longer host SHOP FACTORY so the terms and conditions only apply to websites they build.
Expert:  Leon replied 1 year ago.

Where is your website at the moment?

Is it still with Shop Factory or somewhere else?

Does shop factory and can you still use them to host?

The law is straight forward. You have a right to move your website subject to the terms and conditions of the current hosting company.

If you website is with another company you need to see what their terms and conditions are.

The mistake on their part is their issue and any losses you suffer because of it you can sue them for.

It appears you agreed to a new website which is an issue because this changes things.

Customer: replied 1 year ago.
You cannot find the terms and conditions on their website, I have just checked again
Expert:  Leon replied 1 year ago.

Good Afternoon

Ask them for a copy

Make sure everything is in writing and keep copies.

Customer: replied 1 year ago.
I have once again just made contact with Aussie Internet and they have agreed to hand over the passwords to the Domain Names, No it is still with Aussie Internet and I need it to go to Shop Factory
Expert:  Leon replied 1 year ago.

Have you spoken with Shop Factory?

Usually they can arrange the change over.

Customer: replied 1 year ago.
am currently attempting to sort it with Shop Factory as I have been given the passwords with Aussie Internet
Expert:  Leon replied 1 year ago.

Ok well if it does not happen

get the the terms and conditions and any losses you suffer as a result of their failure to give the passwords you can sue for.

I hope this makes sense and is of assistance.

Expert:  Leon replied 1 year ago.

Good Evening

I am just following up my last post. Are you still in need of assistance?

Customer: replied 1 year ago.
Thank You, ***** ***** out the same gentleman was working for the Ombudsman and when I told him I had made an official complaint, he handed over the necessary information in less than 5 mins. Thanks again. I now have the website back up and running, but just in need of some final tweeking.
Expert:  Leon replied 1 year ago.

Good Evening

All the best and good luck

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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