Terms and Conditions of Service | Registration Australia

These Terms and Conditions ("Terms") govern the relationship between Registration Australia Pty Ltd (ABN 47 635 440 943) ("Company," "we," "us," "our") and the entity or individual purchasing services from us ("Client," "you," "your"). By ordering, accessing or using our Website Hosting, Email Hosting, or Domain Management services (the "Services"), you agree to be bound by these Terms.

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where there is any inconsistency between these Terms and those rights, those rights prevail (see Section 15).

1. Definitions

"Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
"auDA" means .au Domain Administration Limited, the administrator of the .au domain space, and "Published Policies" means the policies published by auDA from time to time, including the .au Licensing Rules.
"Fees" means the amounts payable by the Client for the Services as set out in an invoice or order.
"Client Data" means website files, databases, email data and other content the Client stores on or transmits through the Services.
"Registrar of Record" means the accredited registrar recorded against a domain name in the registry, through whom the Company resells domain registration services.

2. Services Provided

The Company provides digital infrastructure services including website hosting, email hosting, and domain registration/management. Except for the guarantees that apply under the Australian Consumer Law and any express service levels we agree in writing, the Services are provided on an "as-is" and "as-available" basis. We use reasonable care and skill in supplying the Services, but we do not warrant that the Services will be uninterrupted or error-free.

3. Client Responsibilities & Maintenance

System Updates: Except where we have expressly agreed in writing to provide maintenance, it is the Client's responsibility to ensure that all hosted applications (e.g., WordPress, plugins, themes, CMS) and any local systems are kept up to date and secure.
Compatibility: The Company does not guarantee that our infrastructure will be compatible with the Client's specific software or third-party integrations, and will use reasonable efforts to advise on known incompatibilities where practicable.
Security: The Client is responsible for maintaining the confidentiality of all account credentials and for all activity carried out under those credentials.
Backups: The Client is responsible for maintaining its own independent backups of all Client Data (see Section 5).
Domain Names: The Client is responsible for the management and maintenance of its domain names (see Section 12).
Contact Details: The Client is responsible for maintaining current contact details with the Company, including a valid email address for the receipt of notices (see Section 23).

4. Acceptable Use

The Client must not use the Services to store, transmit or host any material that is unlawful, infringes a third party's rights, contains malware, is used for unsolicited bulk email (spam), or that unreasonably degrades the performance of shared infrastructure. Where the Company reasonably believes continued operation poses an imminent security or legal risk to our network or other clients, we may suspend the affected Service without prior notice, and will notify the Client as soon as practicable together with our reasons and the steps required to restore the Service.

4.1 Bulk and Marketing Email

Mailboxes are provided for ordinary business correspondence. The Services must not be used to send bulk, marketing, newsletter, campaign or automated mass email, whether or not the recipients have consented and whether or not the sending is otherwise lawful. Email of that kind must be sent through a dedicated email marketing or transactional email provider.
This restriction exists because outbound mail shares the sending reputation of the Company's mail infrastructure with every other client on it. A single high-volume sender can cause the Company's servers or IP addresses to be blacklisted, affecting email delivery for unrelated clients.

4.2 Platform Rules and Sending Limits

Where the Client's email is hosted on a third-party platform, that provider's acceptable use, anti-spam and sending-limit rules apply to the Client's use of the Service and are enforced by the provider. For Rackspace-hosted email, Rackspace's rules apply, are subject to change by Rackspace, and the Company has no discretion to vary or waive them (see Section 8).
For cPanel-based email hosted on the Company's own infrastructure, the Company applies equivalent rules together with its own sending limits, which are available on request and may be adjusted where necessary to protect the integrity and sending reputation of the Company's infrastructure.

4.3 Consequences of Breach

Where the Client breaches this Section, the Company may block outbound mail, throttle or restrict sending, or suspend the affected mailbox or Service. Where the breach is serious, or is repeated after the Client has been notified of it, the Company may permanently suspend the affected mailbox, or terminate the Client's email Service under Section 13.
Where the Client's email is hosted on a third-party platform, that provider may apply blocks or permanent suspensions under its own rules and independently of the Company, and the Company may be unable to have them reversed.

5. Backup Policy & Data Retention

Any backups taken by the Company are a convenience only. Primary responsibility for backing up Client Data rests with the Client.

5.1 Website Hosting Backups

The Company provides daily database backups and retains website file backups for a period of up to three (3) months on an external backup system. These are provided as a best-effort convenience and are not guaranteed to be complete, available or uncorrupted.

5.2 Email Hosting (Rackspace Infrastructure)

For clients utilising our Rackspace-powered email hosting:

Retention Period: Backups of deleted items are retained for a maximum of fourteen (14) days from the date of deletion.
Eligibility: Only data that existed on the server at the exact time of deletion is eligible for recovery. The Company cannot recover emails that were only stored locally on a Client's device (e.g., via POP3) and never synced to the server.
Post-Retention: Once the 14-day window has passed, data is purged and becomes permanently unrecoverable.

5.3 Email Hosting (cPanel/Standard Infrastructure)

For clients utilising standard cPanel-based email hosting:

Retention: Email data is backed up on a weekly basis and stored on an external backup system for up to three (3) months.
Eligibility: Only email that was present on the server at the time of deletion is eligible for recovery. The Company cannot recover email that was only ever stored locally on a Client's device (for example, via POP3), or that was deleted between backup cycles and therefore never captured in a backup.
Limitations: The Company does not guarantee the integrity, completeness or availability of deep email archives within these backups. It remains the Client's responsibility to maintain its own backups and local archives of all email communications, including any communications the Client considers sensitive or business-critical.

5.4 General Backup Disclaimer

The Client acknowledges and agrees that responsibility for backing up Client Data rests ultimately with the Client. Any backups taken by the Company are provided as a convenience and are not a substitute for the Client maintaining its own independent, secondary backups of all website files, databases, and email communications. Subject to the Australian Consumer Law (Section 15) and to the extent permitted by law, the Company is not liable for data loss, failed restorations, or corrupted backup files.

6. Security

Security is a shared responsibility. The Company secures the infrastructure it operates; the Client is responsible for the applications, content, integrations and credentials it uses on that infrastructure. No system connected to the internet can be made completely secure, and except as required by the Australian Consumer Law (Section 15) the Company does not warrant that the Services will be free from unauthorised access, malware or attack.

6.1 The Company's Responsibilities

Maintaining the security of the server operating systems, control panels and network infrastructure under our control, including applying vendor security updates within a reasonable time.
Operating network-level protections such as firewalls and account isolation on shared infrastructure.
Making TLS/SSL certificates available for hosted websites and mail services.
Where malware scanning or similar protection is included in the Client's plan, operating it on a best-effort basis. Such tools do not detect all threats.

6.2 The Client's Responsibilities

Keeping hosted applications, plugins, themes and other software up to date and secure (see Section 3).
Using strong, unique credentials, enabling multi-factor authentication where it is available, and not disclosing credentials except where necessary.
Securing the devices and local networks used to access the Services.
Assessing the security of any third-party plugin, integration or code the Client chooses to install.
Notifying the Company promptly of any suspected compromise, credential exposure or unauthorised access.

6.3 Email Security

The Client is responsible for the security of its email accounts and mailbox credentials. This includes setting strong, unique passwords for every mailbox, enabling multi-factor authentication where the platform offers it, changing passwords when a staff member leaves or a device is lost, and not storing mailbox passwords in plain text or in shared documents.
The Client is responsible for all activity carried out using its mailbox credentials, whether or not authorised by the Client. Credentials must not be shared with third parties except where necessary, and the Client must not configure a mailbox to relay mail on behalf of an unrelated party.
Spam and virus filtering is provided on a best-effort basis. The Company does not warrant that all unwanted, fraudulent or malicious email will be blocked, or that no legitimate email will be filtered.
Email is not a secure medium by default and can be spoofed or intercepted. The Client remains responsible for independently verifying the authenticity of email it acts on, including payment requests, invoices and changes to banking details.
A compromised mailbox is commonly used to send spam or phishing email, which can cause the Company's mail servers and IP addresses to be blacklisted and can affect email delivery for the Company's other clients. Accordingly, where the Company reasonably believes a mailbox has been compromised or is being used to send unsolicited or malicious email, the Company may immediately and without prior notice disable or suspend that mailbox, force a password reset, or block outbound mail, and will notify the Client as soon as practicable.
Where a compromise of the Client's mailbox results in blacklisting, delisting work, or remediation of the Company's mail infrastructure, that work is chargeable at the Company's applicable rates unless the compromise resulted from the Company's breach of these Terms or its negligence.
Where a mailbox is repeatedly compromised, or is repeatedly blocked for sending unsolicited or malicious email, the mailbox may be permanently suspended. On a third-party platform such as Rackspace, repeated blocks and permanent suspensions may be applied by the provider under its own rules, independently of the Company and without the Company's involvement, and the Company may be unable to have them reversed. Repeated incidents may also result in termination of the Client's email Service under Section 13.
The Company does not warrant that a mailbox cannot be compromised, and cannot recover email that an attacker has deleted beyond the retention periods in Section 5.
Email authentication and routing depend on correctly configured DNS records. Those records, and the Company's authority to maintain them, are dealt with under Section 12 (DNS Management).

6.4 Domain Security

The Client must keep its registrant, technical and administrative contact details accurate and current (see Section 12). These details are used to authenticate requests and to deliver expiry and security notices.
Authorisation ("EPP"/auth) codes must be kept confidential by the Client, and any loss or disclosure reported to the Company or the Registrar of Record promptly.
Where registry lock or equivalent protection is available for a namespace, the Company can arrange it on request. Charges may apply.

6.5 Compromise, Remediation and Protective Action

Where the Company reasonably believes a Service has been compromised or presents a risk to our network, other clients or third parties, we may take immediate protective action, including isolating or suspending the affected Service, blocking traffic, disabling a compromised account, or removing malicious files. We will notify the Client as soon as practicable (see Section 4).
Investigation, malware removal, clean-up and restoration work is chargeable at the Company's applicable rates, notified in advance where practicable, unless the compromise resulted from the Company's breach of these Terms or its negligence. The Company does not warrant that a compromised site can be fully cleaned or restored to its previous state.
The Client acknowledges that recovery from a compromise may depend on the availability of a clean backup, and that under Section 5 responsibility for maintaining backups rests with the Client.

6.6 Data Breach Notification

Each party will notify the other as soon as practicable of any actual or suspected unauthorised access to, or disclosure of, personal information held on the Services, and will cooperate reasonably in assessing the incident. As between the parties, the Client is responsible for assessing and, where required, notifying eligible data breaches affecting personal information that the Client collects and controls, including under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth).

7. Infrastructure Changes, Migrations & Maintenance

The Company may change, upgrade, relocate or replace the servers and infrastructure used to deliver the Services, including migrating the Client's Services to a different server or platform. The Company will act reasonably and will give the notice set out below.

7.1 Urgent and Security-Related Changes

Where the Company reasonably believes that immediate action is necessary to protect the security or integrity of its infrastructure, the Client's Services, other clients or third parties - for example on becoming aware of a vulnerability in server software or a control panel that exposes accounts to compromise - the Company may act immediately and without prior notice. This includes applying emergency patches, restricting or disabling functionality, isolating or suspending an affected account, and carrying out an urgent migration to a different server.
The Company will notify the Client of any such action as soon as practicable and in any event within twenty-four (24) hours of taking it, and will set out what has changed and any action the Client needs to take.
Where circumstances allow some advance warning without materially increasing the risk, the Company will give the Client as much notice as is reasonably practicable.

7.2 Routine Maintenance Window

The Company carries out routine maintenance during a standard maintenance window of 12:00am to 5:00am Australian Eastern Time, being the period of lowest usage across our client base. Routine maintenance includes security patches and updates, operating system, control panel and software updates, feature updates and upgrades, configuration changes, and hardware and infrastructure work.
Routine maintenance may cause brief interruptions to websites, email delivery, or control panel access. The Company will keep any such interruption as short as reasonably practicable.
The Company does not give advance notice of routine maintenance carried out within this window. Where maintenance is expected to cause more than a brief interruption, or must be carried out outside this window, the notice provisions in Section 7.3 apply.
Subject to Section 15 and to the extent permitted by law, the Company is not liable for loss arising from a brief interruption caused by routine maintenance within the maintenance window.

7.3 Planned Changes and Migrations

For a planned migration, server relocation or platform change that requires no action by the Client - for example where the Company manages the Client's DNS and will make the necessary changes itself - the Company will give not less than seven (7) days' written notice.
Where the change requires action by the Client, including where DNS is managed by the Client or a third party on the Client's behalf, the Company will give not less than fourteen (14) days' written notice.
For maintenance that is expected to cause more than a brief interruption, or that must be carried out outside the maintenance window in Section 7.2, the Company will give not less than five (5) business days' written notice where reasonably practicable.
Notice will identify the change, the expected timing, and any action required from the Client.

7.4 The Client's Obligation to Act

The Client must read and respond to communications from the Company about infrastructure changes, migrations and security matters, and must complete any action required of it within the time stated in the notice.
Where the Client's DNS is managed by the Company, the Company will make the necessary DNS changes. Where DNS is managed by the Client or a third party on the Client's behalf, updating nameservers, A records, MX records and any other affected records within the notice period is the Client's responsibility.
Where the Client has not completed the action required of it, the Client's website, email or other Services may cease to operate. Subject to Section 15 and to the extent permitted by law, the Company is not liable for any interruption, downtime, loss of email, or other loss arising from the Client's failure to act on a notice given under this Section.

7.5 Decommissioning

Following a migration, the Company will retain the Client's data on the source server for not less than seven (7) days after cutover before decommissioning it, unless the source server must be decommissioned sooner for security reasons or because the underlying hosting arrangement has ended, in which case the Company will notify the Client.
After decommissioning, data held only on the source server may be unrecoverable. The Client acknowledges that under Section 5 responsibility for maintaining its own backups rests with the Client.

8. Third-Party Services & Upstream Providers

Some Services are delivered using, or depend on, platforms and infrastructure operated by third parties, including upstream data centres and networks, domain registrars and registry operators, and third-party email hosting platforms such as Rackspace.

Third-Party Terms: The availability, features, performance, retention periods and security controls of a third-party platform are determined by that provider and may be changed by it. Where a third-party provider imposes terms, limits or policies on end users, the Client's use of the relevant Service is subject to them.
Responsibility: The Company is not responsible for the acts, omissions, outages, data loss, security incidents, price changes or discontinuation of service of a third-party provider. Subject to Section 15 and to the extent permitted by law, the Company is not liable for loss the Client suffers arising from a third-party provider's failure to perform, including loss of data, email or availability.
Escalation: Where a third-party provider's failure affects the Client, the Company will use reasonable efforts to escalate the matter with that provider and to keep the Client informed. Where the Company recovers a remedy, credit or refund from the provider in respect of the Client's Service, it will pass on the Client's share of it. The Company's liability in respect of a third-party failure does not exceed what it recovers from that provider, except to the extent the Australian Consumer Law requires otherwise.
Change or Withdrawal of a Platform: The Company may change the third-party platform used to deliver a Service, or cease offering a Service that depends on a third-party platform. Where the Company ceases to offer a Service, or migrates it to a different platform, it will give the Client not less than fourteen (14) days' written notice, and will give substantially longer notice where the change affects a Service the Client relies on day to day, such as email hosting. The Client may terminate the affected Service before the change takes effect.
Backups on Third-Party Platforms: Retention and recovery on a third-party email platform are limited to what that provider offers, as described in Section 5. The Company cannot recover data that the provider does not retain.

9. Fees, GST & Payment

Payment: Fees are payable by the due date stated on the relevant invoice. All amounts are in Australian dollars.
GST: Unless stated otherwise, Fees are inclusive of GST. The Company will issue a valid tax invoice for all Fees.
Late Fees: The Company may charge a reasonable administrative late fee on overdue amounts, the amount of which will be notified in advance and will not exceed our reasonable costs of recovering the debt.

10. Term & Renewal

Services are supplied on a recurring basis for the billing period stated on the invoice and renew automatically for successive periods unless cancelled in accordance with Section 13. We will send a renewal notice a reasonable time before each renewal.

Domain renewals are an exception and are not supplied on credit. Domain registration and renewal Fees are invoiced in advance of the domain's expiry date and must be paid in full, in cleared funds, before the Company will lodge the registration or renewal with the Registrar of Record. Where payment is not received before the expiry date, the domain will not be renewed. See Section 12.

11. Overdue Accounts & Suspension

The Company maintains a policy on unpaid invoices in order to protect its infrastructure and operations, applied as follows:

Reminder: If an invoice remains unpaid after its due date, the Company will send the Client a written reminder.
Final Notice: If the invoice remains unpaid seven (7) days after that reminder, the Company may issue a final written notice. That notice will set out the unpaid invoices and the total amount payable, the date on which the Services will be suspended, and the date on which the account and Client Data may be permanently deleted under Section 13. The final notice will be given not less than seven (7) days before the stated suspension date and not less than fourteen (14) days before the stated deletion date. A single final notice given under this Section satisfies the notice requirements for both suspension under this Section and deletion under Section 13, and the Company is not required to give any further notice (see Section 23).
Suspension: If the account remains unpaid after the date stated in the final notice, the Company may suspend the affected Services (Website, Email, and hosting control panels). Suspension will be limited to what is reasonably necessary to protect our legitimate interests.
Client Data During Suspension: Suspension restricts operation of and access to the Services, including access to Client Data, hosting control panels and any backups held by the Company. The Company is under no obligation to export, copy, transmit or otherwise provide Client Data to the Client, or to a third party on the Client's behalf, while any amount remains outstanding, and any assistance of that kind is provided at the Company's discretion and subject to a fee notified in advance. The Client acknowledges that under Sections 3 and 5 it is, and has at all times been, responsible for maintaining its own independent backups of Client Data. Access to the Services and to Client Data is restored once outstanding Fees are paid in cleared funds. Nothing in this Section limits any right the Client has under the Australian Consumer Law (Section 15) or the Privacy Act 1988 (Cth) (Section 14).
Restoration: Suspended Services will be restored promptly once outstanding Fees (including any notified late fees) are paid in cleared funds.
Downtime: Subject to Section 15 and to the extent permitted by law, the Company is not liable for loss of business, SEO rankings, or bounced emails resulting from a suspension that follows the process above due to non-payment.

12. Domain Management & Renewals

The Company resells domain registration services through accredited Registrars of Record across a range of Top Level Domains, including .au namespaces, generic TLDs such as .com, .net and .org, and other country-code TLDs. The Client is the registrant and holds the domain name registration or licence.

The rules governing a domain name depend on its TLD. Eligibility criteria, registration and renewal periods, renewal windows, grace, redemption and restoration periods and fees, transfer rules and lock periods, WHOIS and privacy handling, and dispute processes are each set by the relevant registry operator and by auDA or ICANN as applicable, and differ significantly between TLDs. Those rules prevail over any general description in this Section, and may be changed by the registry or administrator from time to time. On request, the Company will tell the Client what applies to a particular domain.

Eligibility: Some namespaces impose eligibility criteria - for example, .au domains require an Australian Presence and the relevant namespace criteria, and some country-code TLDs require a local presence or documentation. The Client warrants that it meets, and will continue to meet, the eligibility criteria for each domain it holds, and must notify the Company if that ceases to be the case. A domain may be suspended or cancelled by the registry or administrator if the registrant is no longer eligible.
Client Responsibility: The Client is responsible for the ongoing management and maintenance of its domain names. This includes keeping registrant, technical and administrative contact details complete and current, continuing to meet the eligibility criteria for the relevant namespace, monitoring expiry dates, and ensuring renewals are paid before expiry. Where the Company issues renewal invoices or reminders, or performs administrative work on a domain, it does so as a convenience and does not assume responsibility for the Client's domain portfolio.
Payment in Advance: Domain registrations and renewals are invoiced in advance of the expiry date and are payable in full before lodgement. The Company does not fund domain registrations or renewals on credit and will not lodge a registration or renewal until payment is received in cleared funds.
Unpaid Domains: Where a domain registration or renewal invoice is unpaid, the Company may decline to renew that domain and may decline to perform administrative work in relation to it (including DNS or nameserver changes and control panel access for that domain) until the invoice is paid in cleared funds.
Expiry - .au Domains: If a renewal is not paid before the expiry date, the domain expires and enters a thirty (30) calendar day expired period. During that period the registry applies a hold, the domain will not resolve, and the Client's website and email will stop working. A renewal may be lodged at any time during that period at the normal renewal Fee. If it is not renewed, the domain then passes into a short pending-delete state and is released for registration by the public on a first come, first served basis. There is no redemption or restoration period for .au domains: once released, the domain name cannot be recovered by the Client and may be registered by anyone.
Expiry - Generic TLDs (.com, .net, .org and similar): After expiry a domain generally enters an auto-renew grace period during which it can be renewed at the normal renewal Fee, followed by a redemption period of approximately thirty (30) days during which it can be restored only by paying a registry redemption fee, and then a short pending-delete period after which it is released. Redemption fees are set by the registry and registrar, vary by TLD, and are substantially higher than a normal renewal Fee.
Expiry - Other Country-Code TLDs: Post-expiry treatment varies widely by TLD. Some provide no grace period and delete immediately on expiry; others provide redemption periods of up to ninety (90) days. The Client should not assume that any grace or recovery period is available.
Restoration Fees: Where a lapsed domain can be restored, the Company will pass on the registry and registrar redemption or restoration fees at cost, together with a reasonable administrative fee notified to the Client in advance. Restoration is not guaranteed and is not available for all TLDs.
No Proprietary Rights: A domain name registration or licence is a right to use the domain name for a period on the terms set by the registry or administrator. It does not confer ownership of, or a proprietary interest in, the domain name.
Loss of a Domain: Subject to Section 15, the Company is not liable for the loss of, or any loss arising from the loss of, a domain name that the Client has not paid to renew.
Transfers - General: The Company will comply with the transfer rules applicable to each TLD and will not obstruct a valid transfer of a current domain name. The Client acknowledges that authorisation ("EPP"/auth) codes are issued by the Registrar of Record, that the Company is not the Registrar of Record, and that a registrant may obtain or reset its authorisation code directly from the Registrar of Record.
Transfers - .au Domains: Transfers are governed by the .au Licensing Rules. A registrant may also retrieve its own authorisation code using auDA's authorisation code recovery tool. A domain name licence cannot be transferred while it has expired, is suspended, or is subject to a complaint, dispute resolution or court proceedings. No transfer fee applies to .au domains.
Transfers - Generic TLDs: Transfers are governed by the ICANN Transfer Policy. Under that policy a transfer may be refused during the first sixty (60) days of an initial registration and for sixty (60) days after a previous transfer, and a transfer generally adds a further registration year for which a fee is payable. A registrar may also refuse a transfer where the current or a previous registration period is unpaid, but not for a pending or future registration period, and transfer processes must not be used as a means of securing payment of unrelated debts.
Transfers - Other Country-Code TLDs: Transfer processes, authorisation mechanisms, lock periods and fees are set by the relevant registry and vary by TLD. Some require supporting documentation or registry-side approval, and some charge a transfer fee. Any registry or registrar transfer fee will be passed on to the Client at cost.
DNS Management: Where the Company manages the Client's domains, the Company may create, amend or remove any DNS record where it reasonably considers this necessary or appropriate for the security, email deliverability, performance or correct operation of the Client's services. This includes correcting records that are missing, misconfigured, conflicting or out of date, adding records required by a service the Client uses, updating records following a server migration or infrastructure change, and responding to a security issue. The Company will notify the Client of any change that materially affects the operation of the Client's services, and will act reasonably and in the Client's interests. Any other DNS change will be made on the Client's instruction, to comply with a Published Policy or law, or where reasonably necessary to protect the security of our network.
Client and Third-Party DNS Changes: Where the Client, or a third party acting on the Client's behalf, makes DNS changes or moves DNS hosting elsewhere, the Client must not remove or make changes that conflict with records the Company maintains for the Client's services, including records required for email authentication and routing, without first consulting the Company. Doing so may cause websites to become unreachable or legitimate email to be rejected, quarantined or lost, and the Company is not responsible for the consequences of such a change.

13. Termination, Data Retrieval & Deletion

Termination by the Client: The Client may cancel a Service at any time by written notice. Where written notice is received before the start of the next billing period, the Service ends at the close of the current billing period and no Fee is payable for the next period; if that Fee has already been charged, it will be refunded or credited. Fees already paid for the current billing period are non-refundable except where a refund is required under the Australian Consumer Law. Domain registration and renewal Fees are not refundable once lodged with the registrar.
Offboarding: Where the Client's account is settled in full, the Company will, on request and for a period of thirty (30) days following termination, make the Client's hosted data available for export or migration (a reasonable administrative fee, notified in advance, may apply). The Company is under no obligation to provide export or migration assistance while any amount remains outstanding.
Termination for Non-Payment: Where Services have been suspended under Section 11 and the account remains unpaid for thirty (30) days from the date of suspension, the Company may terminate the Services and delete the account and Client Data on or after the deletion date stated in the final notice.
Deletion: Client Data will be deleted from the Company's live servers on or after the stated deletion date. Copies of Client Data held on the Company's backup systems are removed in the ordinary course of backup rotation, which may take up to three (3) months from the date of deletion; the Company gives no undertaking to locate, restore or provide data from those backups, and does not treat them as available to the Client. Once deleted, Client Data may be permanently unrecoverable. Giving a final notice under Section 11 does not oblige the Company to provide the Client with a copy of the Client Data, and no further notice is required before deletion.
Reconnection: Reasonable reconnection or restoration fees, notified in advance, may apply to restored accounts.

14. Privacy

The Company handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our collection, use and disclosure of personal information is described in our Privacy Policy, available at [LINK TO PRIVACY POLICY].

A request by an individual for access to personal information that the Company holds about that individual is dealt with under our Privacy Policy and applicable law, and a reasonable charge may apply. Such a request is separate from, and does not create, any entitlement to the export, copying or delivery of Client Data hosted on the Services.

15. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on the Client by the ACL or any other law where to do so would be unlawful ("Non-excludable Guarantees").

To the extent the Company is able to limit its liability for a failure to comply with a Non-excludable Guarantee (and the guarantee is not one that cannot be so limited), the Company's liability is limited, at the Company's option, to:

resupplying the relevant Services; or
paying the cost of having the relevant Services resupplied.

16. Limitation of Liability

Subject to Section 15 and to the maximum extent permitted by law:

the Company's total aggregate liability for any claim or series of related claims arising out of or in connection with the Services will not exceed the amount paid by the Client for the relevant Service during the three (3) months immediately preceding the event giving rise to the claim; and
the Company is not liable for any indirect, special or consequential loss, or for loss of profits, revenue, goodwill, data or anticipated savings, however arising.

17. Indemnity

The Client indemnifies the Company against liability, loss or reasonable costs the Company suffers arising from a third-party claim to the extent it results from the Client's content, the Client's breach of these Terms, or the Client's unlawful use of the Services. This indemnity is reduced to the extent the relevant liability was caused by the Company's own negligence or breach.

18. Force Majeure

Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money) to the extent caused by an event beyond its reasonable control, including upstream network or data-centre outages, acts of government, or natural disasters. The affected party will use reasonable efforts to mitigate the effect of the event.

19. Variation of Terms

The Company may vary these Terms from time to time. We will give the Client reasonable written notice (at least fourteen (14) days) of any material change before it takes effect. Continued use of the Services after the change takes effect constitutes acceptance of the varied Terms. If the Client does not accept a material change, the Client may terminate the affected Service before the change takes effect.

20. Dispute Resolution

Before commencing proceedings (other than for urgent interlocutory relief), a party with a dispute will notify the other in writing, and the parties will attempt in good faith to resolve the dispute through discussion for a period of at least fourteen (14) days. For disputes relating to a .au domain, the parties acknowledge that auDA's complaints and dispute resolution policies may also apply.

21. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

22. General

Severability: If any provision of these Terms is void, unenforceable or illegal, it is severed and the remaining provisions continue in full force.
Waiver: A failure or delay by the Company to exercise a right is not a waiver of that right.
Assignment: The Client may not assign its rights under these Terms without the Company's prior written consent (not to be unreasonably withheld).
Entire Agreement: These Terms, together with any written order or service schedule, form the entire agreement between the parties in relation to the Services.

23. Notices

Method: Notices under these Terms may be given by email. The Company will send notices to the contact email address or addresses last notified by the Client and recorded against the Client's account.
Client's Contact Details: The Client must maintain at least one current and valid contact email address for the receipt of notices, invoices and reminders, and must notify the Company of any change within a reasonable time. The Client is responsible for ensuring that email from the Company is able to be delivered to that address, including by ensuring that it is not blocked, filtered or rejected and that the mailbox is monitored and has capacity to receive mail.
When a Notice is Given: A notice sent by email is deemed to have been given at the time of sending, whether or not it is opened or read, and whether or not it is filtered into a junk, spam, quarantine or other folder. Failure by the Client to receive or read a notice does not affect its validity, including where that failure results from spam or content filtering, a full or unmonitored mailbox, a forwarding rule, a change of personnel, or an out-of-date contact address.
Contact Addresses Hosted on the Services: The Client acknowledges that the contact email addresses recorded against its account may themselves be hosted on the Services, and that suspension of the Services may prevent delivery of email to those addresses. Accordingly, the Company may give a single consolidated notice before suspension which covers both the suspension of the Services and the subsequent deletion of the account and Client Data, and the Company is not required to give any further notice after the Services have been suspended.