All data, content, configurations and credentials of, or related to, the Client's Website, including
(a) all assets, information and materials on the Client's Website, including images, CSS and content; and
(b) the Client's public and private encryption keys.
means the website specified by the Client when ordering the Service.
means the terms of the Agreement and any information that is not public knowledge and that is obtained
from the other party in the course of, or in connection with, the Agreement.
means all documentation provided by Peakhour to the Client in respect of the Service.
means the fees as set out on Peakhour's pricing page
, which may include a set up
fee, licence fee and service fee as amended in accordance with clause 7.9.
means an event that is beyond the reasonable control of a party, excluding: (a) an event to the extent that it
could have been avoided by that party taking reasonable steps or reasonable care; or (b) a lack of funds for
means the law of New South Wales, Australia.
Intellectual Property Rights
means all forms of intellectual property rights throughout the world including copyright, registered patents,
design, trade mark, know-how, trade-secrets and confidential information, and includes any enhancement,
modification or derivative work based on the same.
means the interest rate equivalent to 2% above the Reserve Bank of Australia cash rate target from time to time.
means objectionable, defamatory, obscene, harassing, threatening, or unlawful in any way.
means each time a page of the Website is successfully loaded, including by the same IP address as recorded by
Peakhour's Service. For the avoidance of doubt, a page view will not be counted where
blocks a request to a page of the Website.
means all data, content and information collected, held, used, created, or processed by Peakhour in the
course of this Agreement (excluding Client Data), including the IP Address, browser, request path, query
string, headers of each request submitted by an end user and other meta data in respect of the
means the use of the Service by the Client's Website for its internal business purposes only.
has the meaning given in the Privacy Act 1988 (Cth) and the Australian Privacy Principles attached to that Act.
means a report containing the number of page views the Client's website has received during the previous
Report Period, as well as any other information Peakhour considers relevant.
means monthly, from date of signup.
means the peakhour.io service
, which acts as an intermediary between
the Client's Website and the users of the Client's Website.
means the period from the commencement of this Agreement until termination or expiry of this Agreement.
means the one month trial period of the Service which may be offered to prospective Clients by Peakhour.