Terms of Service
For the purposes of this document; the words “customer”, “client”, “you” or “your” means any person, individual, business or entity who uses our services, and the words “Hosting Cloud”, “We”, “Our” and “Us” refer to Trigg Networks Pty Ltd trading as Hosting Cloud ABN 21 647 333 257.
Australian Consumer Law
Some of our services may come with guarantees that cannot be excluded under the Australian Consumer Law. For information on Australian consumer laws, please visit the Australian Consumer Law website http://www.consumerlaw.gov.au.
Our general policy is to act as a neutral provider of Internet services, and the access of these services.
You must provide us with, and keep current your personal information including full legal name, mailing address, email and telephone number.
You acknowledge you are solely responsible for ensuring that all services are in full compliance with this policy, and are solely responsible for the files and applications that have been uploaded, executed or transmitted over our services and network. We reserve the right to refuse access, suspend or cancel a customer and their services provided by Hosting Cloud when we decide that the account has been used inappropriately, in violation of our terms, or at our sole discretion.
You indemnify Hosting Cloud for any violation of the Terms of Service that results in loss to us or the bringing of any claim against us by any third-party. A waiver of any breach, of any provision, of this agreement shall not operate as, or be construed as, a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Hosting Cloud is not responsible for any damages your business may suffer, and deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions.
General Warranties and Undertakings
Hosting Cloud shall not be liable for harm caused by or related to the your service(s) or inability to utilise the service(s), nor liable to you for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
Notwithstanding anything else in this agreement, the maximum aggregate liability that Hosting Cloud, any of its employees, contractors, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the you for the service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
We do not warrant that:
Any services provided will be uninterrupted or error free, unless covered by an applicable Service Level Agreement;
The services will meet your requirements, other than as expressly set out in this agreement;
The services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the services or any of our system.
We do not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
In no event will we be liable to the you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Third party services engaged by the client through cPanel including but not limited to web design tools, software installers, SEO or optimisation tools are done so at the your own undertaking. Hosting Cloud does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.
Rates, Payments and Renewal of Services
You acknowledge that the nature of the service delivered and the initial rates and charges have been communicated to you, and we may prospectively change the specified rates and charges from time to time.
Establishment of a service is dependent upon receipt of payment of stated charges. Subsequent payments are due on the anniversary date of your service. Fees are due in advance of the billing cycle and will be invoiced to you fourteen (14) days prior to the due date.
Unless noted otherwise, all published prices are inclusive of GST or any other government taxes and charges.
All invoices will be sent directly to you by email and will be deemed to have been delivered unless we receive a failed email delivery notice.
If a payment method is stored on your account, we may process payment up to seven (7) days before the invoice due date to allow time for processing or potential issues to be rectified before the due date. We may also automatically settle due invoices immediately if you hold an account credit where applicable.
Unpaid or overdue accounts are subject to interest at 3.0% p.a. above the Reserve Bank of Australia Cash Rate.
All services which are not paid in full within fourteen (14) days of the due date may be automatically removed from our systems.
Prohibited Uses of Service
You may not publish, transmit, distribute or store any content or material on our or network that we believe:
Is classified as Unsolicited Commercial Email or Spam Email;
Is excessively violent or incites, threatens or implies violence;
Contains harassing content or hate speech;
Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in Australia or your state;
Is defamatory or violates a person’s privacy;
Creates a risk to a person’s safety, health or security;
Compromises national security or interferes with an investigation by any law enforcement or government agency;
Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
Clearly infringes on another person or businesses trade mark, patent or property;
Promotes illegal drugs or violates import or export laws;
Relates to illegal gambling or firearms trafficking;
Is otherwise illegal or solicits conduct that is illegal;
Is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
The following uses of our services are also prohibited:
IRC scripts or bots;
Proxy scripts or anonymous browsing utilities;
Image or file hosting scripts;
Banner advertisement services;
Lotteries, casinos, pokies, banking or investment sites;
Sale of any controlled substance without having the appropriate permits;
SEO spam (spamdexing);
Sites promoting illegal activities;
Social networking software available to the general public (e.g. Fediverse, Mastodon, Nitter);
Any other purpose which we have deemed unacceptable.
You must not knowingly use our services for sending any unsolicited email or any unsolicited commercial or bulk email (commonly known as spam). We explicitly prohibit the use of any purchased email list for individual or bulk email sending.
You also warrant:
That all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.
All commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
All email sent, either individually or bulk, complies with the Australian Spam Act 2003, Australian Spam Regulations 2021 and any other relevant spam email related legislation that may be created or amended from time to time.
We may provide information including account details, history, account use, services, IP addresses, and any files or correspondence, to law enforcement or government agencies in the jurisdiction of Australia, only when we are required by law. This may happen without consent or notification.
We will notify law enforcement if we believe the use of our services are linked to a criminal offence. Severe violations may result in immediate and permanent removal of the services from our system without notice to you.
Cancellations, Refunds and Satisfaction Guarantee
If you are dissatisfied with your service and contact us within thirty (30) days, we will issue a full refund through your original payment method. Only payments for Web Hosting and Email products are eligible for a refund.
All refunds are subject to management approval, and you waive your right to a refund if your account or services are found in breach of the Terms of Service.
The following are not eligible for a refund under any circumstances:
Contracted work / labour or development
All requests for cancelling of accounts and services must be submitted through the client portal, and we will refund you any unused portion of your account as required.
We cannot guarantee the availability or the renewal of a domain name, irrespective of whether the invoice for the domain name has been paid. We will notify you once a domain name has been successfully registered in your name.
Where available, we will use WHOIS Privacy services so your personal information is not publicly available.
We will renew domain names automatically unless instructed not to. If the invoice for renewal has not been paid in full, we will not renew the domain name, and we will not be held liable for any loss or damages.
It is your responsibility to ensure that the relevant contact information is kept up to date on every domain name. As per registrar policy and agreements, we will use this information to advise you of any pending expiry, renewal or transfer requests.
For .au domain names, you are bound to the auDA Domain Name Eligibility and Allocation Policy Rules:
It is your responsibility to maintain a recent copy of all data stored on our services at all times.
We will make our best effort to perform a backup of all account files daily, and backups are redundantly stored across offsite backup servers. Backups are encrypted in transit and at rest.
We are not liable for corrupt, incomplete or otherwise insufficient data recovered from our backups. You may request a one-off backup of your account, and we may charge for this service.
Scope of Included Support
Our included service support will ensure that the service is online, operational and remotely accessible. We offer additional technical support for application specific issues such as remote desktop support, server or website programming, WordPress administration, custom website development and charge a fee for these services.
Limits of Services
Add-on websites, email account, CPU usage / core, RAM allocations, I/O usage, Processes and Inodes count limits apply to all web hosting services. Any service which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits. Information on the limits assigned to a particular Service can be found on our website or by logging into your relevant control panel.
You may not use our web hosting services for the following:
Performing any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Customers;
Consistently utilising the resource allocations to a level at or near to complete utilisation for any singular resource type;
Perform any task which generates excessive IO load;
Consume large amounts of system memory;
Consume more than the allocated inode limit assigned to the Service, where 1 file equals 1 inode;
Execute a script which takes longer than 180 seconds to complete;
Operate a script which does not close MySQL connections upon completion;
Run any server-side or stand-alone processes or daemons;
Run cron entries more frequently than every 5 minutes
We reserve the right to suspend any services utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage. We may make reasonable attempts to notify you at the time of suspension, however, notification is not guaranteed and you should ensure compliance with all policies at all times.
Exemptions to elements of our policy may be granted on a case-per-case basis in consultation with our technical operations team. For further information, or to request exemption to specific elements, please contact our technical support team.
Managed WordPress Service (if applicable)
We cannot warrant the stability or compatibility of the service if your WordPress installation contains any modified core files, or modified plugins.
Your WordPress installation, its plugins and themes will be updated in a timely manner, and this may involve us accessing your WordPress admin area.
We are not liable for the websites being unavailable, or displaying errors, due to updates to the WordPress core files, WordPress plugins, or WordPress Theme files. We can only update plugins and themes that are able to be updated via the “WordPress Updates” section of the WordPress admin area.
Support for the modification of any website, its source code or other website files will attract an additional fee.
We also cannot guarantee absolute security of a WordPress website. In the event that a website becomes compromised, we will use our best efforts to restore the website to the last known secure point.
Breach of Policy
Any services that are found to be in breach of this policy but have not caused any known inconvenience to other customers or services will result in an email notification being sent to you asking for changes to be made in order to comply with this policy. You are required to acknowledge this email and advise us what actions have been taken to remedy the breach. Failure to comply may result in the services being suspended without additional warning.
Any services that are found to be in breach of this policy that have caused issues and/or degradation of services for other customers will result in immediate suspension followed by an email notification requesting changes be made in order to comply with this policy. We will only unsuspended the services once you have acknowledged and agree to remedy the breach.
The Customer will be solely liable for any fees or charges that are paid by us to third party providers for the unblocking of any restrictions they have placed due to services operated by the you that breach this policy.
You will not be entitled to a refund if any of the Terms, Policies and Agreements have been breached.
Policy Updates and Enquiries
This Policy may change from time to time and is available on our websites. Changes to this agreement will become effective upon their publication to our website. Continued use of the services constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your services. If you have any queries or complaints about our Terms of Service, please contact us.