1. About this agreement
These Terms of Service form a binding agreement between you and My Australian Host (ABN 50 805 377 293) of Sydney, New South Wales, Australia (“we”, “us”, “our”). By ordering, activating, using or paying for any service you accept these terms together with any product-specific agreement and policy published on this page.
Where a product-specific agreement (for example the Domain Name Registration Agreement or the Service Level Agreement) conflicts with these terms, the product-specific document prevails for that product only.
2. Your account
You must provide accurate contact, billing and identity details and keep them current in the client area. Notices sent to the email address on your account are taken to be received.
You are responsible for all activity under your account, including activity by staff, contractors or clients you grant access to. Keep credentials confidential and enable two-factor authentication where offered.
Accounts must be held by a person aged 18 or over, or by an entity with an ABN or ACN.
3. Fees, billing and renewals
All prices are in Australian dollars and, unless otherwise stated, include GST. Services are billed in advance for the term you select and renew automatically at the then-current price unless cancelled before the renewal date.
Invoices are issued at least 14 days prior to the due date. Services may be suspended if an invoice remains unpaid after the due date, and may be terminated and data deleted 14 days after suspension.
Late payment fees, chargeback recovery fees and reactivation fees may apply and are published in the client area.
4. Acceptable use
You must comply with our Acceptable Use Policy at all times. We may suspend a service immediately, without notice, where we reasonably believe continued operation puts our network, other customers or third parties at risk.
5. Resource usage
Shared and reseller hosting is intended for normal website workloads. Where an account consistently consumes resources that degrade the experience of others we will contact you and, if required, throttle, isolate or ask you to move to a plan with dedicated resources.
“Unmetered” or “unlimited” inclusions are subject to fair use as described in the relevant product page and this agreement.
6. Backups and your data
We maintain backups as described on the relevant product page as a courtesy and for our own disaster-recovery purposes. You remain responsible for keeping your own independent backups of all content and databases.
We do not claim ownership of your content. You grant us the limited licence necessary to host, transmit, back up and display that content in order to supply the service.
7. Suspension and termination
You may cancel any service through the client area, effective at the end of the current billing period unless a refund applies under our Refund Policy.
We may terminate a service for material breach that is not remedied within 7 days of written notice, or immediately for conduct that is unlawful or endangers the network.
Following termination, account data is retained for 14 days and is then permanently destroyed.
8. Liability
Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
To the extent permitted by law, our aggregate liability for any claim is limited to the fees paid by you for the affected service in the 3 months preceding the claim, and we are not liable for indirect or consequential loss including loss of profit, revenue, goodwill or data.
9. Changes and governing law
We may amend these terms on 30 days’ notice by email or client-area notification. Continued use after the effective date constitutes acceptance.
This agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
Questions about this document? Email legal@myaustralianhost.com.au or call 1300 555 018.