24/7 Sales & Support.  Call 1300 368 359 Click to Call

Legals

Terms of Service

Please read these Terms of Service carefully before using the Services. If You do not agree to these terms of service, you must not use the Services and You should exit the website and stop use of the Services immediately.

The terms of your Contract

Your agreement with Hosting Australia (Contract) in respect of each service you obtain from Hosting Australia (a Service) is made up of:

  1. these General Terms of Service;
  2. the relevant Service Terms for the Service;
  3. any relevant Service Levels;
  4. our Acceptable Use Policy; and
  5. our Privacy Policy.

To the extent of any inconsistency between the documents comprising your Contract, the documents listed higher in the list will prevail, unless a term of Service Terms expressly states that it overrides any conflicting term in this document.

Definitions

"Hosting Australia", "We", "Us" means NJ Ventures Pty Ltd (ABN: 97 609 870 715) of Victoria, Australia.

"Service", "Service(s)" or "Services" means any product(s) or service(s) the Customer has ordered for use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email and FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL and VPS. These product(s) and service(s) are identified in full within the "Order Confirmation" and "Welcome To Hosting Australia" emails Hosting Australia has sent after your request for service.

"Customer" means the person, persons or entity who ordered our services.

Severability

If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

Eligibility

By registering for or using the Services, you represent and warrant that:

  1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
  3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, Hosting Australia will use the primary email address we have on file.

Account Owner

Services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorized Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. Additionally, Hosting Australia uses security pins to identify and verify customers. Anyone with your security pin has full access and authority to perform any action on your account.

Account Owner Communication

The Account Owner is responsible for providing and maintaining a valid email address with Hosting Australia.

Failure by the customer to receive or read emails from Hosting Australia, including but not limited to system generated emails related to billing, account data or account access, support, expiry, renewals, and announcements is no reason for not making payment on time or complying with Contract.

Indemnification

You shall defend, indemnify, and hold harmless Hosting Australia, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to Your (or any third party using Your Account or identity in the Services) use or misuse of, or access to, the Services, Content, or otherwise from Your User Content, violation of these Terms of Service or of any law, or infringement of any intellectual property or other right of any person or entity. The indemnity does not apply to the extent that we cause or contribute to our own loss or damage. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. This clause survives the termination or expiry of this Agreement.

General Warranties and Undertaking

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services

  1. for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
  2. for any non-renewal of the services
  3. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination),
  4. in connection with our anti-spam or virus filters, or
  5. for any direct damages in excess (in the aggregate) of fees paid to Hosting Australia for the particular services during the immediately previous one month period, even if Hosting Australia had been advised of, knew, or should have known, of the possibility thereof.

You acknowledge that the fees paid by you reflect the allocation of risk set forth in this agreement and that Hosting Australia would not enter into this agreement without these limitations. You hereby waive any and all claims against Hosting Australia arising out of your purchase or use of the services, or any conduct of our directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be:

  1. in the case of a consumer able to rely upon the Australian Consumer Law or;
  2. in all other cases, your termination and discontinuation of access to or use of the services.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  1. the means by which you gain access to the Services;
  2. what Content you access via the Services; or
  3. how you may interpret or use the Content.

To the maximum extent permitted by law, you release Hosting Australia from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

The services and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed to the maximum extent permitted by law. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:

  1. the services will be secure or available at any particular time or location;
  2. any defects or errors will be corrected;
  3. any content or software available at or through the services is free of viruses or other harmful components; or
  4. the results of using the services will meet your requirements. Your use of the services is solely at your own risk.

Hosting Australia do not warrant that the Services will be uninterrupted, timely, secure, always accurate or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.

You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. Hosting Australia will use reasonable endeavours to provide you with notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.

If any legislation, such as the Australian Consumer Law, implies in this agreement or otherwise prescribes any condition, guarantee (including consumer guarantees) or warranty which cannot be excluded or modified, then that condition, guarantee or warranty is deemed to be included in this agreement. However, to the extent permitted by law, our liability for breach of such statutory condition, guarantee or warranty is limited at our option to any one or more of the following:

  1. in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
  2. In the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again, or by paying the cost of supplying the advice, recommendations, information or services.

Accounts and Billing

All Services are considered to be automatically recurring and shall be billed on a recurring basis until the Customer requests cancellation of hosting prior to the next payment made or the next renewal date, whichever comes first, by submitting a valid cancellation request.

  • Suspension

If payment is not received within one week of the due date, the hosting account will be suspended. Suspension of an account will result in the visible web site being replaced with a page which states that the web site has been suspended, and renders all hosting account functions (email, ftp, access to cPanel, etc.) inoperable.

  • Termination

Any Service which has an open/unpaid invoice which still remains unpaid for more than 14 days after the due date is subject to permanent termination of the Service without further notice to the customer. Termination will result in the irreversible deletion of all data associated with the hosting account, including but not limited to all website files, all databases, all email, all website statistics, all logs, and all backups.

  • Refunds

Cancellations within First 3 Days of Registration

In the event Customer cancels the Services within three (3) calendar days of registration, Customer will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 2 below.

Nonrefundable Fees

Fees paid by the Customer in connection with the purchase of SSL certificates, third-party licensing, domain privacy, domain names are nonrefundable under these Terms.

Data Management

It is the Customer's sole responsibility to maintain regular offsite backups of their data. The Customer will not hold Hosting Australia liable for incomplete, out of date or corrupt data recovered from backups and archives.

Hosting Australia keeps backups of active accounts for archive purposes only. Hosting Australia does not warrant that the backups will be current or usable for customer data recovery.

While Hosting Australia offers daily backups, we cannot and do not warrant them to be fit or up to date. It is the customer's sole responsibility to monitor and validate backups Hosting Australia provides, and you agree that you will maintain your own set of backups independent of those we supply. This may be done by using the cPanel Backups feature within the hosting account. You agree that at no time will Hosting Australia be held liable for faulty backups or data stored on our servers.

Hosting Australia backup services are provided as-is and are subject to all limitations of liability set out in this Terms Of Service.

Domain Name Services

We are an authorized reseller of the domain name registrars "eNom" and "Terrific.com.au Pty Ltd". We do not warrant that any domain name you apply for, can or will be registered. Accordingly, you should not act on a domain name application until you have been notified that your requested domain name has been registered. Both your registration of a domain name, its ongoing use and renewal are subject to the relevant auDA Policy Rules (http://www.auda.org.au) and the terms of use of the applicable domain name registrar. You are responsible for reading and complying with those rules and terms of use.

Free Inbound Site Transfers

Hosting Australia will make every effort to help you transfer your website to us. Transfers are provided as a courtesy service and only for cPanel to cPanel transfers. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall Hosting Australia be held liable for any lost or missing data or files resulting from a transfer to or from Hosting Australia.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and you hereby submit to the non-exclusive jurisdiction of Victorian courts.

Active Domain Name

For all Services you are required to have an active domain name registered and assigned to the Service. If there is no domain name resolving to your account for a period greater than 6 months, Hosting Australia reserve the right to terminate your Service.

Any Contract period remaining will be forfeited.

Breach of this agreement

Hosting Australia reserves the right, in our sole discretion, to terminate or suspend your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Agreements or any law, if you suffer an Insolvency Event orHosting Australia are required to do so by law. Any such termination or suspension may result in the forfeiture and destruction of information associated with your Account. Hosting Australia may provide prior notice of the intent to terminate or suspend Services to you if such notice will not, in our discretion, run counter to the intents and purposes of this Contract.

Amendments

Hosting Australia reserves the right, at any time and from time to time, to amend or to modify this Contract without prior notice to you. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service.


SLA

Hosting Australia offers a monthly Uptime Guarantee (“Guarantee”) for our Business Cloud Hosting service. If Hosting Australia fails to meet this Guarantee, as solely determined by Hosting Australia, due to an internal infrastructure or equipment failure, you will be eligible for an account credit for the time the Service was unreachable. The maximum credit given may be equal to one (1) month of hosting.

Should your service experience any downtime in a (1) monthly cycle, we will apply a credit to your account equal to (2) days per (60) minutes of outage.

Automatic Crediting of Accounts

Hosting Australia will review our internal logs at the end of each month to determine if any downtime has occurred. If credit is due then it will be assigned to your account by the 15th of the following month.

Limitation

Any Service interruption deriving from failure or deficiency of Hosting Australia infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:

  • DDoS or similar attacks on Hosting Australia servers.
  • Software related issues (e.g. a PHP / Apache / Litespeed upgrade breaking an out of date site or Security Software (Mod_security, Firewalls etc) blocking access;
  • You exceeding your resource container.
  • interruptions caused by, coding or the installation of third-party applications.
  • network conditions across the internet (outside of our network), such as between ISP and Hosting Australia data center.
  • firewall blocks/bans.
  • browser or DNS caching issues.
  • outages related to the reliability of certain programming environments.
  • any other circumstances beyond our control or that are not reasonably foreseeable.
  • any act of God or force majeur which results in the failure of the service.

All credit held in an account is forfeited if your service is terminated.


Acceptable Use Policy

Acceptance

The Customer acknowledges that they are solely responsible for ensuring that all Services are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

Acceptable Use Summary

The Hosting Australia Services may be used for lawful purposes only. Transmission, storage, or distribution of any information, images, data, or material in violation of any applicable law or regulation is prohibited. 

Prohibited Use

Services may not be used for the following purposes:

  1. For storage of backup archives nor any data which is not directly related to and accessible through the website itself.
  2. For storage of email data exceeding 5GB in total per service; this total encompasses all email inboxes, additional directories within the cPanel service including the default catchall email account.
  1. Adult Content

We do not provide adult hosting. Adult-oriented sites are not allowed to be associated with any Hosting Australia server. 

  1. Hidden Content

No web site may be entirely or mostly password-protected so that there is little or no content visible to the general public.

  1. Intellectual Property

Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work.

Excessive Resource Usage

Under its sole discretion, Hosting Australia reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability.  

Resource limits for all account Business Cloud Hosting:

  • No script may use 25% or more of system resources for 60 seconds or longer;
  • 1Gb memory
  • 150% of CPU for no greater than 60 seconds.
  • Running stand-alone, unattached server side processes/daemons is strictly prohibited
  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  • Running of public file exchange services is strictly prohibited
  • The number of inodes employed by one Business hosting account must not exceed 600,000.

Parked Domains / Add-on Domains 
Hosting Australia limit and control the number of separate websites hosted on our servers. We allow a maximum of one website per hosting account.

Backups

Any web hosting Service that exceeds 10GB in size per cPanel Service will be automatically excluded from all backup routines and rotations.

Email Service

You should use email and other related services in full compliance with the terms below:

The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).

The following limits apply to the Service in order to safeguard overall server performance:

  • You may send and/or forward up to 1000 emails per hour per domain.
  • Email storage is capped at 10 000 emails  and shall not exceed  5GB of Storage.

FILE HOSTING

File hosting and file storage of any type is strictly prohibited on any and all servers within the Hosting Australia network. You may not use this Service as a download or file storage repository. Our Services are strictly offered for website hosting only.

testimonial-alex-quote