OzSpeed operates this website. Throughout the site, the terms “we”, “us”, and “our” refer to OzSpeed. OzSpeed offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein, and those available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, or products added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

1. Services

OzSpeed provides a number of services and products to its customers, which are collectively referred to in these Terms as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by OzSpeed Hosting is included as part of the “Services” we refer to in these Terms and the other Policies. All Services are subject to each of our Policies. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

1.1. Knowledgebase

Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at: https://ozspeed.com.au/clients/knowledgebase. These Terms govern where they are in conflict with anything posted in the Knowledgebase.

1.2. Services Offered

OzSpeed offers a number of different products and services, including but not limited to those listed below. These Terms and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites do not modify or supplement these Terms or our Policies.

a. Dedicated Hosting

Dedicated Hosting offers exclusive use of server resources for a single client. This solution is ideal for high-traffic websites and resource-intensive applications. Clients have full administrative access and control over server configuration, software installations, and resource allocation. Dedicated Hosting plans include enhanced security measures, such as dedicated IP addresses, advanced firewall configurations, and regular security audits. Additionally, we offer managed services for Dedicated Hosting, which include server monitoring, updates, and maintenance to ensure optimal performance and uptime.

b. Domain Registration and Transfers

Domain name registration and transfer services allow clients to secure and manage domain names according to registry regulations. Domain registration is available for a minimum term of one year, with renewal required before expiry to maintain ownership. Transfers of domain names from other registrars are facilitated, requiring the domain to meet eligibility criteria and authorization requirements. Clients must provide accurate information and comply with all relevant policies and laws to ensure continued ownership and service effectiveness.

c. VPS Hosting

Virtual Private Server (VPS) hosting services offer a dedicated virtual server environment with guaranteed resources, including CPU, RAM, and storage. Each VPS operates independently with full root access, allowing Clients to manage and configure the server to meet their specific needs.

Terms Specific to Domain Name Services

We act as a reseller for domain names. When you apply to register a domain name through us, your request will be processed through our partnered domain registrar. By using our Domain Name Services, you agree to comply with the domain name registration policies and procedures of our registrar. Due to the nature of domain name registration, we cannot guarantee that your domain name will be successfully registered.

2.1. Domain Name Management

After your domain name is registered, it is your sole responsibility to ensure that it does not lapse and is renewed on time. We are not liable for any lapses or any damages caused by such lapses. While we will make commercially reasonable efforts to renew any domain names that are set to auto-renew, the ultimate responsibility for renewal lies with you. We shall have no liability for any failure to renew, auto-renew, any related domain expiration, or the registration of any expired domain by a third party.

2.2. Intellectual Property Considerations

It is your responsibility to fully investigate and ensure that the domain name you register does not infringe upon the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes the rights of any third party, and we strongly recommend that you seek legal counsel before registering any domain name.

2.3. Legal Compliance and Transfer Policies

We will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. In accordance with the policies of the relevant domain name authorities, a transfer lock may apply to your domain name(s) in the event of any “Change of Registrant.” This lock is designed to protect your domain from unauthorized transfers. Any “Change of Registrant” will trigger a mandatory transfer lock period as defined by the relevant authorities. The current parameters that trigger this lock include changes to the registrant’s First Name, Last Name, Organization Name, and Email. This feature is mandatory, and opting out is not available.

2.4. Registrant Rights and Responsibilities

By using our Domain Name Services, you agree to comply with the policies for Domain Verification and any other current or future policies enacted by the relevant domain name authorities. More information on these policies can be found at the following links:

– auDA’s Policies and Procedures
– ICANN’s Registrant Rights and Responsibilities
– ICANN Registrant Benefits

2.5. Acceptance of Domain Name Specific Terms

By registering a domain name through our Services, you acknowledge and agree to these Terms Specific to Domain Name Services. If you have any questions or require further assistance, please contact our support team.

3. Terms Applicable to All Hosting Services

3.1. Bandwidth Allocation

Our Hosting accounts are allocated bandwidth based on the selected package. Bandwidth for purchased Services does not roll over and is not transferrable between periods. If additional bandwidth is needed beyond your allocation, your account may be suspended until the next period, you can upgrade your account to purchase more bandwidth, your account may be terminated for violating package terms, or we may charge an additional fee for the excess at our discretion.

3.2. IP Addresses

The Service cost includes a specific number of primary IP addresses as per your selected plan. Additional IP addresses may be requested for an extra fee. We will notify you by email if any assigned IP address needs to be changed. IP addresses provided are for use solely in connection with the Services and are non-transferable.

3.3. Resource Usage

When using our hosting Services, you must not excessively burden our CPUs, servers, or other resources, including customer support services. Bandwidth, connection speeds, and similar capacity indices are maximums. Consistently reaching these limits may lead us to impose restrictions on your Service use, such as account suspension, termination, or bandwidth throttling, at our discretion. You agree that we may restrict your use of Services or customer support if it exceeds usage by similarly situated customers.

4. Terms That Apply to Specific Hosting Services

4.1. Dedicated Hosting

4.1.1. Exclusive Use

Dedicated Hosting services provide clients with exclusive use of a physical server. This means the entire server is allocated solely to the client’s use.

4.1.2. Server Management

Clients are fully responsible for the installation, configuration, and maintenance of all software on the server, including operating systems, applications, and security software.

4.1.3. Security

While we implement industry-standard security measures, Clients must implement and maintain appropriate security measures, including firewalls, antivirus software, and intrusion detection systems, to protect their server from unauthorized access and cyber threats.

4.1.4. Backups

Regular data backups are the client’s responsibility. Clients must ensure that backups are performed frequently and stored securely to prevent data loss.

4.2. VPS Hosting

4.2.1. Server Management

Clients are fully responsible for the installation, configuration, and maintenance of all software on the server, including operating systems, applications, and security software.

4.2.2. Security Measures

We implement industry-standard security measures to protect VPS environments. However, Clients are responsible for maintaining the security of their VPS, including applying updates and patches.

4.2.3. Data Backups

Regular data backups are the client’s responsibility. Clients must ensure that backups are performed frequently and stored securely to prevent data loss.

5. Acceptance of Terms

By accessing our website or using our services, you agree to be bound by these Terms of Service and our Privacy Policy. We may update these terms from time to time, and your continued use of our services constitutes acceptance of any changes.

6. Account Creation and Management

6.1. Account Creation

By creating an account, you warrant that you are at least 18 years old and have the legal authority to bind yourself or the entity you represent to these Terms of Service (Terms). Furthermore, by using the services, you represent and warrant to OzSpeed that:

a. You possess the necessary experience and knowledge to use the services effectively.
b. You understand and appreciate the inherent risks associated with using the services and conducting business on the internet.
c. You will provide OzSpeed with any necessary materials required for the provision of the services.

6.2. Account Information

You must provide accurate information when setting up your account and keep this information, including your email address, up to date throughout our relationship. We may save the information provided by you and use it to communicate with you regarding the services. We are not responsible for interruptions in services or any damages resulting from misdirected or blocked email communications due to outdated or incorrect account information, or circumstances beyond our control.

6.3. Account Security

You are responsible for all actions performed with your account credentials, whether by you or others. All account access, passwords, and other security measures are your responsibility. OzSpeed is not liable for any damages, direct or indirect, resulting from unauthorized account access or use.

6.4. Account Access for Troubleshooting

You agree to grant OzSpeed permission to access your accounts for troubleshooting technical issues and verifying compliance with all our policies. We conduct automated scans of data for security purposes and reserve the right to change permissions, modify files, or quarantine files deemed malicious.

7. Availability of Website/Services

7.1. General Availability

Subject to the terms and conditions of this Agreement and our other policies and procedures, OzSpeed shall use commercially reasonable efforts to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason, including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements that OzSpeed undertakes; or causes beyond our reasonable control or that are not reasonably foreseeable, including but not limited to interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that OzSpeed has no control over the availability of this Site or the Service on a continuous or uninterrupted basis and assumes no liability to you or any other party with regard thereto.

7.2. Third-Party Providers

You acknowledge and agree that OzSpeed may use independent contractors or third-party service providers to provide the Services. All paid support services are non-refundable.

7.3. Language Support

The Services do not support all local languages. If a local language is not supported, the Service will default to English only. To the extent that the Services are used with a local language (other than English) or in a certain country, there may be limitations to certain features or functionality within the Service or services provided by third parties (e.g., payment methods).

8. User Responsibilities

8.1. Account Registration

To use certain services, you may be required to create an account. You must provide accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

8.2. Lawful Use

As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms, Privacy Policy, and all applicable laws and regulations. You also agree to respect the privacy and secure information of other users of the Services.

8.3. Prohibited Actions

You agree not to, and shall not allow anyone else to, take any action or upload, download, post, submit, or otherwise distribute or facilitate the distribution of any content, including without limitation your information on or through the Service that:

i. Includes anyone else’s identification documents or sensitive financial information.
ii. Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity, or violates any law or contractual duty.
iii. Is false, misleading, untruthful, or inaccurate.
iv. Impersonates, intimidates, or harasses any person or entity, including any of our employees or representatives.
v. Constitutes unauthorized or unsolicited advertising, junk, or bulk email (“spamming”).
vi. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion.
vii. Violates any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
viii. Constitutes harassment, abuse, insult, harm, defame, slander, disparage, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
ix. Uploads or transmits viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
x. Solicits others to perform or participate in any unlawful acts.
xi. Uses the Services or Products for any obscene or immoral purpose.
xii. Infringes upon or violates our intellectual property rights or the intellectual property rights of others.
xiii. Interferes with or disrupts the integrity or performance of our services.
xiv. Attempts to gain unauthorized access to our systems or networks.

8.4. Compliance with Laws

You must comply with all applicable laws and regulations while using the Services. This includes laws regarding data privacy, intellectual property, and export control. Failure to comply with these laws may result in the suspension or termination of your account and access to the Services.

8.5. User Content

You retain ownership of any content you post or upload to our services. However, by doing so, you grant OzSpeed a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your content for the purpose of operating and improving our services.

9. Payment Terms

9.1. Fees and Payment

All fees for services are as outlined in your service agreement. Payments must be made in accordance with the terms specified in the invoice. Late payments may incur additional charges.

9.2. Refunds

Refunds are only issued in accordance with our refund policy, which is outlined in your service agreement. Generally, refunds are not provided for completed services unless explicitly stated otherwise.

9.3. Modification of Prices

We reserve the right to modify the pricing of services at any time. Any changes in prices will be communicated to clients at the time of renewal of service depending on the billing plan chosen by the user. Such modified prices will only be applicable from the new billing cycle from the date of renewal of the service plan. Clients may review and accept the revised pricing terms to continue using the services. Failure to accept the new pricing may result in the termination of services.

10. Billing & Payment

10.1. Automatic Renewal

The Initial Term will automatically renew for successive periods of equal duration (each a “Renewal Term”). For more information on automatic renewal, please refer to our Refund and Billing Policy as included in your Service Agreement. To discontinue services, you must notify us before the automatic renewal of a Renewal Term through the following method:

a. Contact us at least fifteen (15) days before the beginning of a Renewal Term by emailing info@ozspeed.com.au or through our live chat customer support.

10.2. Consent to Store Financial Details

You authorize us and provide consent to keep on file your credit or debit card details associated with your account for all Services to minimize service disruption and offer you speedy checkouts. It is your responsibility to ensure your credit and debit card details are kept up to date at all times. No information will be retained on deletion of your account and termination of your relationship with OzSpeed.

11. Data Backup

11.1. Data Backup Policy

We perform weekly backups of all customer data stored on our servers to ensure data integrity and recovery in the event of a system failure. These backups are retained for a period of four (4) weeks. After this retention period, the backups will be automatically deleted.

11.2. Data Retention in Case of Non-Payment

If payments for services remain outstanding for one (1) month, we reserve the right to delete your data permanently after this period without further notice, unless payment is received within this time frame.

11.3. Liability

It is the customer’s responsibility to ensure timely payment and account activity to avoid any loss of data. We shall not be held liable for any data loss due to failure to comply with the aforementioned policies.

11.4. Restoration of Data

If a restoration of data is requested during the 4-week retention period, such restoration may incur additional charges. After the deletion of the data as per the retention policies outlined, recovery will no longer be possible.

12. Intellectual Property

12.1. Ownership

All content, trademarks, and other intellectual property on our website are owned by OzSpeed or our licensors. You may not use any of our intellectual property without our prior written consent.

12.2. User Content

Users retain ownership of their content but grant OzSpeed a license to use it as necessary to provide our services. You are responsible for ensuring that your content does not infringe on any third-party rights.

13. Limitation of Liability

13.1. Indemnification

You agree to indemnify, defend, and hold harmless OzSpeed, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, expenses, and costs, including without limitation reasonable attorneys’ fees and court costs, arising out of or relating to any violation of these Terms or any activity related to the use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services through your User Account.

13.2. Limitation of Liability

Under no circumstances shall OzSpeed, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising from a contractual obligation, tort (including negligence), strict liability, or any other legal theory. Such liability limitations apply to any claims related to your use of the service or any products procured through the service, including, but not limited to, errors or omissions in any content, or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law. Furthermore, nothing in these terms excludes or limits our liability for death or personal injury resulting from our negligence or fraud, as well as any other liability that cannot be excluded or limited under applicable law.

13.3. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, OzSpeed disclaims all warranties of any kind, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, durability, and non-infringement. OzSpeed does not make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.

14. Data Security and Compliance

14.1. Data Encryption

All data transmitted to and from our servers is encrypted using SSL/TLS protocols to ensure data security and privacy. We also employ encryption for data at rest to protect sensitive information.

14.2. Compliance with Data Protection Laws

We comply with applicable data protection laws, including GDPR. You have rights regarding your personal data, such as the right to access, rectify, or delete your data. Please refer to our Privacy Policy for more details.

14.3. Data Breach Notification

In the event of a data breach, we will notify affected users as required by law. We will take immediate steps to mitigate the breach and prevent future occurrences.

15. General Conditions and Disclaimers

15.1. Accuracy, Completeness, and Timeliness of Information

We do not warrant that the information available on this site is accurate, complete, or current. The material provided on this site is for general informational purposes only and should not be solely relied upon for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain historical information that is not current and is provided solely for your reference.

We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. It is your responsibility to monitor changes to our site.

15.2. No Professional Advice

The content on this site should not be construed as professional advice. Always seek the advice of our qualified professionals with any questions you may have regarding a specific issue.

15.3. User Responsibility

Users are responsible for verifying the accuracy and suitability of the information before relying on it. This includes seeking updated information directly from original sources and consulting with appropriate professionals when needed.

15.4. Errors, Inaccuracies, and Omissions

Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions regarding service descriptions, pricing, promotions, offers, service shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15.5. Service Refusal and Content Transmission

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve:

a. Transmissions over various networks; and
b. Modifications to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks to ensure security.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Additionally, we reserve the right to monitor your use of the Service to ensure compliance with these Terms and to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion if we believe that your conduct violates these Terms, applicable law, or is harmful to our interests or the interests of other users.

16. Feedback and Improvements

16.1. User Feedback

We welcome user feedback to improve our services. You can provide feedback through our support channels. By submitting feedback, you grant OzSpeed the right to use it to enhance our services without any compensation to you.

16.2. Continuous Improvement

We are committed to continuous improvement of our services. We may introduce new features, updates, or changes to our services based on user feedback and technological advancements.

17. Your Representations and Warranties

17.1. Cooperation and Technical Expertise

You agree to reasonably cooperate with OzSpeed to facilitate your use of the Services. This cooperation includes, but is not limited to, providing correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.

17.2. Connectivity Responsibility

It is your responsibility to ensure that you can connect with OzSpeed to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.

17.3. Authority and Legal Compliance

You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.

18. Termination

18.1. Termination for Convenience

Either party may terminate the services for convenience with fifteen (15) days’ prior written notice. Cancellation requests must be submitted through our email info@ozspeed.com.au or by contacting us through Live Chat support. If you terminate for convenience, you will be responsible for all charges for the then-active Initial or Renewal Term. For further details, please refer to our Refund and Billing Policy in your Service Agreement.

18.2. OzSpeed Termination

OzSpeed reserves the right to immediately suspend or cancel the services without notice for the following reasons:

a. Violation of these Terms or any of our policies.
b. Failure to pay any amounts due.
c. To prevent a service interruption by an internet service provider or other network services provider.
d. To protect the integrity of OzSpeed’s network or the security of the services.

You are not entitled to notice or protest if we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due must be paid. Once your account is closed, OzSpeed has no responsibility to forward email or other communications or maintain any data backup predating the termination date.

18.3. Termination Due to Failure to Renew Services

OzSpeed reserves the right to terminate Services if the Services are not renewed within one (1) month from the date of expiration of the previous service plan.

18.4. Post-Termination Access

All data in accounts that are not renewed or are terminated will only be stored for a duration of thirty (30) days. After the expiry of this period, all data related to the account and services will be deleted from our servers and will be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled. This data can be requested by the user within the above-mentioned thirty (30) day period only.

19. Discontinued Services

We reserve the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although we make great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by us, in any way, effective on the EOL date.

19.1. Notice and Migration

In the event that any Service we offer has reached or will reach EOL, we will attempt to notify the Client thirty or more days in advance of the EOL date. It is the Client’s responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date.

19.2. No Liability

We will not be liable to the Client or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

20. Governing Law

These Terms of Service are governed by the laws of the jurisdiction in which OzSpeed operates. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

21.Changes to Terms

We may modify these Terms of Service at any time. We will notify you of any changes by posting the new terms on our website. Your continued use of our services constitutes acceptance of the modified terms.

22. Miscellaneous

22.1. Entire Agreement

These Terms of Service constitute the entire agreement between you and OzSpeed regarding your use of our services and supersede any prior agreements.

22.2. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

22.3. Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

22.4. No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

22.5. Assignment

You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to a third party at any time.

22.6. Headings

The headings in these terms are for convenience only and have no legal or contractual effect.

23. Contact Information

If you have any questions about these Terms of Service, please contact us at:

– Email: info@ozspeed.com.au
– Phone: +61 458 397 493