Design Host Hosting Terms and Conditions
Effective from 01/06/2020. Version 1.0
These terms apply to all web hosting, email hosting, domain registration and related services supplied by Design Host (Australian ABN: 72 972 031 221) (“we”, “us”, “our”) to you (“you”, “the client”). By using our services, paying an invoice, or confirming acceptance in writing, you agree to these terms.
1. Our services
1.1 We provide web hosting, email hosting, domain registration and renewal, and related technical services as described on your quote, invoice or order.
1.2 We provide our services with due care and skill. We do not guarantee that our services will be uninterrupted or error-free.
1.3 Domain registrations are supplied through third-party registrars and are also subject to the registry and registrar terms that apply to your domain.
2. Fees and payment
2.1 We charge hosting and related fees in advance, for the billing period of your chosen plan (see clauses 2.8 to 2.13).
2.2 You must pay each invoice within 7 days of the invoice date, unless we agree otherwise in writing.
2.3 If you do not pay an invoice within 7 days, we may suspend your services without further notice. We will usually send a reminder before suspension, but we have no obligation to do so.
2.4 We may charge a reinstatement fee of $22 (Excluding GST) to restore a suspended service. You must pay all overdue amounts and the reinstatement fee before we restore service.
2.5 We may charge interest on overdue amounts, and you must reimburse our reasonable costs of recovering overdue amounts, including debt collection fees.
2.6 All prices include GST unless we state otherwise.
2.7 We may change our prices by giving you at least 30 days’ written notice. Domain registry and registrar price changes may take effect sooner where the registry or registrar imposes them on us.
2.8 Billing plans. We offer monthly, quarterly (every 3 months), six-monthly (every 6 months) and yearly plans. Your plan appears on your quote, order or invoice.
2.9 Monthly plans. Monthly plans run month to month. They renew automatically each month until you or we end them. Either of us may end a monthly plan by giving the other at least [14] days’ written notice. The plan then ends on the last day of the month that you have already paid for.
2.10 Quarterly, six-monthly and yearly plans. These plans run for the term you chose (3, 6 or 12 months). Each plan renews automatically for a further term of the same length, unless you or we give at least [30] days’ written notice before the current term ends.
2.11 Cancelling during a term. You may cancel a quarterly, six-monthly or yearly plan during its term, but we do not refund fees for the unused part of the term, unless the law requires it or we agree in writing.
2.12 Changing plans. You may move to a different plan by giving us written notice before your next term starts. The change takes effect from the start of that term.
2.13 Renewal invoices. We usually issue a renewal invoice before each billing period starts. You must pay it by the due date, whether or not you receive a reminder.
3. Suspension
3.1 We may suspend some or all of your services if:
(a) you do not pay an invoice within 7 days;
(b) you breach these terms;
(c) your website or account compromises the security or performance of our servers or other clients; or
(d) we reasonably believe your content is unlawful or infringes another person’s rights.
3.2 During suspension, your website, email and other services may be unavailable. Email sent to your address during suspension may bounce, be delayed or be permanently lost.
3.3 We are not responsible for any loss, damage or inconvenience you suffer because we suspended your services in line with these terms. Suspension does not reduce or cancel your obligation to pay fees.
3.4 Repeated late payment is a breach of these terms. If you pay late on more than [two] occasions in any 12-month period, we may terminate your services under clause 11.
4. Backups, data and email
4.1 You are responsible for keeping your own backups of your website files, databases, emails and other data. You must not rely on us as your only backup.
4.2 We may take backups for our own disaster recovery purposes. We do not promise that a backup exists, is current, or can be restored for you. Where we offer a paid backup service, we will describe it separately in your order.
4.3 Email is not a guaranteed delivery service. We are not responsible for email that is lost, delayed, rejected, filtered as spam or not delivered, whatever the cause.
4.4 We may delete your data 30 days after your services are suspended or terminated. We have no obligation to keep or return your data after that time.
5. Limitation of liability
5.1 To the maximum extent the law permits, we exclude all liability to you for loss of data, loss of email, loss of profit, loss of revenue, loss of business or opportunity, loss of goodwill, and any indirect or consequential loss, however caused, including by our negligence.
5.2 To the maximum extent the law permits, our total liability to you for any claim arising from our services is limited to the fees you paid us for the affected service in the 1 month before the event that gave rise to the claim.
5.3 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where a consumer guarantee applies and the law allows us to limit our liability, we limit it, at our option, to supplying the services again or paying the cost of having the services supplied again.
5.4 We are not liable for any failure or delay caused by events outside our reasonable control, including power or internet outages, data centre faults, attacks by third parties, failures of third-party suppliers or registrars, and natural disasters.
6. Security and your responsibilities
6.1 You must keep your passwords and account details secure and tell us immediately if you suspect unauthorised access.
6.2 You must keep your website software, including themes and plugins, up to date unless we have agreed in writing to manage updates for you.
6.3 We are not responsible for loss or damage caused by hacking, malware, viruses or vulnerabilities in your website, software or devices.
7. Acceptable use
7.1 You must not use our services to:
(a) break any law or infringe anyone’s intellectual property;
(b) send spam or unsolicited bulk email;
(c) host malware, phishing pages or other harmful content; or
(d) use excessive server resources in a way that affects other clients.
7.2 You are responsible for all content on your website and for the content of emails sent from your accounts.
7.3 You must hold the rights, licences and permissions for all content, images and software on your website.
8. Domain names
8.1 You must give us accurate registrant details and keep them current.
8.2 We will try to send renewal reminders, but you remain responsible for renewing your domain on time. We are not liable if your domain expires, including if you did not receive a reminder.
8.3 Domain names are subject to the rules of the relevant registry, including auDA rules for .au domains.
9. Intellectual property
9.1 You keep ownership of your website content and data.
9.2 Unless we agree otherwise in writing, we keep ownership of any website design, code, templates and materials we create until you pay for them in full. Once you pay in full, you receive a licence to use them for your own website.
9.3 We may keep a link or credit to Design Host in the footer of websites we build, unless we agree otherwise.
10. Privacy
We collect and use your personal information to supply our services and manage your account. We handle personal information in line with the Privacy Act 1988 (Cth). Our privacy policy is available at [insert link].
11. Termination
11.1 You may cancel your services by giving us written notice under clauses 2.9 and 2.10. We do not refund fees for any period already paid, unless the law requires it.
11.2 We may terminate your services immediately by written notice if you breach these terms and do not fix the breach within [7] days of our notice, or if you repeatedly pay late as described in clause 3.4.
11.3 We may also end a monthly plan on [14] days’ written notice, or a quarterly, six-monthly or yearly plan at the end of its current term on [30] days’ written notice, for any reason.
11.4 On termination, you must pay all amounts you owe us. We may delete your data under clause 4.4.
12. Changes to these terms
We may update these terms by giving you at least 14 days’ written notice by email. If you continue to use our services after the new terms take effect, you accept them.
13. General
13.1 Notices. We may give you notice by email to the address on your account. You must tell us if your email address changes.
13.2 Entire agreement. These terms, together with your quote or order, form the whole agreement between us about the services.
13.3 Severability. If a court finds part of these terms unenforceable, the rest continues to apply.
13.4 Governing law. The laws of Queensland, Australia govern these terms. Each of us submits to the non-exclusive jurisdiction of the courts of Queensland.