1. Definitions
1.1. “Account” means the account held with Adelaide Hills Hosting by the Customer that is used for billing, contact information and details of Services assigned to the Customer.
1.2. “Customer” means the person or entity who ordered Service(s) from Adelaide Hills Hosting.
1.3. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has ordered from Adelaide Hills Hosting. This can include, but is not limited to, web site hosting, domain name registration or transfer or renewal, SSL certificates, and VPS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Adelaide Hills Hosting ends to the Customer after an order has been placed. The specific details of the Services can be found by logging in to My Hosting or on our website.
1.4. “Adelaide Hills Hosting” means the retail operations of Design 2 Envy Pty Ltd (trading as Adelaide Hills Hosting).
1.5. “My Hosting” refers to Adelaide Hills Hosting’s customer account, billing and management portal, available online at https://adelaidehillshosting.com.au/myhosting/
2. Acceptance
2.1. The Customer signified acceptance of these Terms of Service, as well as our Privacy Policy, Acceptable Use Policy, Customer Service Policy, Service Level Agreement (where applicable) and any applicable Registrant Agreement, when they submitted their order to Adelaide Hills Hosting for an Account and/or Services and that order was accepted.
3. Term
3.1. The Customer agrees to a 12 month contract term for Services unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Services with an agreed term),or otherwise agreed in writing. The 12 month contract for Services is automatically renewed annually in perpetuity subject to cancellation by the Customer as per Section 14 of this agreement.
3.2. Annual services are established as part, thereof, signifying the beginning of a new 12 month period demotes commitment till the end of that 12 month period.
4. Service, Marketing and Promotional Emails
4.1. The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Adelaide Hills Hosting to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only, by disabling them in My Hosting.
4.2. If the Customer does not want to receive these mandatory service-specific emails, they are required to cancel all active Services and close their Account, in accordance with Section 14 of this policy. The Customer may, however, opt-out from receiving marketing and promotional emails at any time by disabling them in My Hosting as described in Section 4.
5. Availability of Services
5.1. While Adelaide Hills Hosting will endeavour to provide continuous availability of all Services to the Customer, Adelaide Hills Hosting will not be liable for any Service interruptions or down time.
5.2. Scheduled maintenance will be performed at a time which is deemed suitable by Adelaide Hills Hosting which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes, Adelaide Hills Hosting will post details of the scheduled maintenance at least two (2) days prior.
5.3. Unscheduled maintenance will be performed as required by Adelaide Hills Hosting, and should Services be offline for greater than thirty (30) minutes, Adelaide Hills Hosting will post details of the maintenance and any updates until it has been completed. Details of these events can been found at https://adelaidehillshosting.com.au/myhosting/serverstatus.php
6. Domain Name Registration and Renewal
6.1. The Customer acknowledges that Adelaide Hills Hosting is an authorised reseller of Synergy Wholesale, an ICANN and auDA accredited registrar.
6.2. The Customer acknowledges that they have read and agree to any applicable Registrant Agreement before purchasing any domain name Service(s) from Adelaide Hills Hosting.
6.3. The Customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been accepted and processed by Adelaide Hills Hosting.
6.4. Adelaide Hills Hosting does not warrant or guarantee that a domain name registration will be approved, irrespective of whether the invoice for the domain name has been paid. The Customer should take no action in respect of the requested domain name(s) until they have been notified by Adelaide Hills Hosting that the domain name(s) has been successfully registered and is in the Customers name.
6.5. The registration of the domain name and the ongoing use of the domain name are subject to the relevant naming authority’s terms of service and the Customer is responsible for ensuring awareness of these terms and that they are adhered to. The Customer waives any right to make claim against Adelaide Hills Hosting in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.
6.6. The Customer acknowledges that Adelaide Hills Hosting is not obligated to renew a domain name if the Customer has not confirmed to Adelaide Hills Hosting that the domain name is to be renewed, or the invoice for renewal has not been paid in full, or it is determined that the Customer does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, Adelaide Hills Hosting will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via My Hosting and it is the Customer’s responsibility to confirm that the renewal request has been successfully processed in full.
6.7. Domain name registration or renewal may be declined by Adelaide Hills Hosting if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.
6.8. It is the Customer’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name.
6.9. As per registry-registrar policy and agreements, Adelaide Hills Hosting will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.
6.10. Should the Customer choose to terminate all services with Adelaide Hills Hosting, but does not transfer a domain name to another registrar, the Customer agrees that Adelaide Hills Hosting may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer.