Table of Contents

1. Definitions ………………………………………………………………………………………………….. 3

2. Acceptance ……………………………………………………………………………………………………. 3

3. Communication ……………………………………………………………………………………… 4

4. Account Ownership …………………………………………………………………………………. 4

5. Availability of Services ……………………………………………………………………………….. 6

6. Domain Registrations, Transfers and Renewals …………………………………………………………. 6

7.Payments & invoicing …………………………………………………………………………………………………….. 7

8. Cancellations, Refunds & Terminations ………………………………………………………………………. 9

9. Limitation of Liability …………………………………………………………………………………………………… 12

10. Customer General Warranties and Undertakings ……………………………………………………. 12

11. General Assurances and Undertakings …………………………………………………………………… 13

12. Entire Agreement …………………………………………………………………………………………………. 14

13. Governing Law ……………………………………………………………………………………………………… 14

14. Changes ……………………………………………………………………………………………………………. 15

By purchasing any Service(s) from 7xHost Pty Ltd, you (Customer) are entering into an agreement with 7xHost Pty Ltd that is bound by the Terms of Service outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, Australia applicable to contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound by these Terms of Service.

Last updated 09 July 2018.

1. Definitions

1.1 “Provider” or “7xHost” refers to 7xHost

Proprietary Limited, with ABN 68 136 049 280 and ACN 136 049 280

1.2 “Service” or “Services” refers to the products or services ordered from xHost

Solutions.

1.3 “Customer” refers to the person or organisation purchasing or

receiving a product or service from 7xHost.

1.4 “Customer Service” means the relationship between 7xHost staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.5 “MyAccount” refers to the billing account supplied to the Customer upon registration, accessible at https://myaccount.7xhost.com/clientarea.php.

2. Acceptance

2.1 The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, and Customer Service Policy when they submitted their order to 7xHost for Services, and that order was accepted.

2.2 The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3. Communication

3.1 The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from 7xHost to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only.

3.2 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 our Cancellation policy. The Customer may, however, opt-out from receiving marketing and promotional emails at any time by disabling them in MyAccount.

4. Account Ownership

4.1 Account Owner.

The highest authority of a single Members Portal Account is considered the Account Owner. Individual hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.

4.2 Account Information.

The Customer warrants that all information provided to 7xHost is truthful and correct and accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.

4.2.1 Maintaining Account Information.

The Customer is responsible for maintaining the contact information stored within their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by 7xHost.

4.3 Authorised Additional Contact.

The Account Owner may add and authorise an additional contact person or persons to act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional technical contacts. Accounts found to have more than the allowed maximum additional contacts will be requested to remove the excess to ensure adherence to the limits.

For any additional contact added to an account, to be able to request account modifications, the Authorised Additional Contact must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a service and will not be able to request configuration changes to the hosting Services.

4.4 Account Transfer.

The Account Owner’s role can be transferred to another Authorised Additional Contact or 7xHost Customer by contacting our billing support team to obtain the appropriate steps.

4.5 Account Closure.

An account will be automatically deactivated when no active hosting or additional services are being operated under the account.

5. Availability of Services

5.1 While 7xHost will endeavour to provide continuous availability of all Service(s) to the Customer, 7xHost will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

5.2 Scheduled maintenance will be performed at a time which is deemed suitable by 7xHost, and should it require any Services to be offline for greater than ten (10) minutes, 7xHost will post details of the scheduled maintenance at least two (2) days prior.

5.3 Unscheduled maintenance will be performed as required by 7xHost, and should any Service(s) be offline for greater than ten (10) minutes, 7xHost will post details of the maintenance and any updates until it has been completed. Details of these events can been found at http://status.7xhost.com. If you wish to receive notices by email, please subscribe to service status notifications at http://status.7xhost.com.

6. Domain Registrations, Transfers and Renewals

6.1 Domain Registrations.

Domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and 7xHost provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.

6.2 Domain Transfers.

Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au domains which take 48 hours once final authorisation has been actioned. 7xHost has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with 7xHost.

6.3 Domain Renewal.

Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. 7xHost has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.

6.4 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. As per registry-registrar policy and agreements, 7xHost will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

7.Payments & invoicing

7.1 The Client must pay for the supply of goods and services under this agreement as per the invoice(s) provided to the Client by 7xHost and in accordance with published prices or prices provided in a customised quotation to the Client.

7.2 The Client shall make payment according to the Tax Invoice rendered. Should a time frame not be stipulated on the Tax Invoice, the Client must make payment within five (5) days of the date of the Tax Invoice.

7.3 7xHost will issue invoices up to 14 days prior to the due date.

7.4 Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially. The order date of any Service(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, et cetera) for that particular Service.

7.5 If the Client fails to make payment in accordance with Clause 7, 7xHost shall be entitled to:

•  Require the payment immediately;
• Charge a late fee of $10 if the invoice is 5 days overdue;
• Claim from the Client all costs relating to any action taken by 7xHost to recover monies or goods due from the Client including, but not limited to, any legal costs and disbursements;
• Suspend, disconnect and/or deny access to any service, support and/or management;

or

Terminate any agreement in relation to services rendered.

7.6 The Customer agrees that any and all invoices must be paid prior to the provision of new or additional services by the Provider.

7.7 The Customer agrees to contact the Accounts Department of 7xHost should a payment be delayed or otherwise impacted.

7.8 The Client shall not be entitled to set off against, or deduct from the contract sum, any sums owed or claimed to be owed to the Client by 7xHost

nor to withhold payment of any invoice because part of that invoice is in dispute.

7.9 7xHost reserves the right to cancel/decline any order/request/quote that is suspected to be fraudulent activity.

7.10 It is solely the Clients’ responsibility to ensure all the details and payment method of their billing accounts are correct and up-to-date and to ensure their invoices with 7xHost are paid on time.

7.11 Any reference to prices is in Australian currency, unless stated otherwise.

8. Cancellations, Refunds & Terminations

8.1 The Customer can request cancellation of their Account or any Service(s) for any reason by logging in to MyAccount and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.

8.2 The Customer agrees to provide the following minimum notice of their cancellation for services NOT under any contract:

•  Dedicated servers, Colocation and Managed Service(s):

Cancellation of account in a given month requires at least thirty (30) days’ notice prior to that month’s billing due date, otherwise account cancellation will not take effect until the subsequent month’s billing due date.

•  All other services unless otherwise contractually specified – Seven (7) days before the next invoice due date.
• Services under contract will abide by the agreed contractual terms.

8.3 Should insufficient notice of cancellation be provided, either the following billing cycle shall be charged, or one additional month of service shall be charged, whichever is smaller.

8.4 The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).

8.5 The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by 7xHost:

• Domain names
• SSL certificates
• Dedicated Servers
• Software licences

8.6 The 30-Day Guarantee is subject to all of the following limitations:

•  You are entitled to a maximum of one (1) 30-Day Guarantee.
• If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of 7xHost.
• You may not transfer or assign the 30-Day Guarantee to any third party.
• You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:

a. Creating multiple accounts, using the same customer name or different customer names;

b. Cancelling your account for the sole purpose of obtaining a refund and then registering for a new account;

c. Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;

d. Knowingly providing false or misleading information when you register for your account; or

e. Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

8.7 If you violate any provision of any of the following policies of 7xHost, you will not be eligible for the 30-Day Guarantee:

a. Terms of Service

b. Acceptable Use Policy

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of service you have do not make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Service(s) from 7xHost and does not apply to any changes to your service at any time.

8.8 A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within thirty (30) days of the date that the refund was requested for any of the following Service(s):

a. Any shared cPanel/Windows web hosting Service;

b. Any cPanel/WHM or Windows Reseller web hosting Service;

c. Any Unmanaged VPS hosting Service

8.9 The Customer will not be entitled to a refund if any of 7xHost Terms, Policies and Agreements have been breached by the Customer.

8.10 Termination of accounts due to overdue payment.

If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be permanently deleted and no backup will be made available to the Client. You will become liable for the overdue amount, late payment fee and the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.

8.11 With the exception of clients who have entered into a written contractual agreement with 7xHost, we may end our agreement with you for any reason provided that 30 days written notice is given to you.

8.12 In the event of a suspension or termination, the Customer will still be held accountable for any due or overdue invoices.

9. Limitation of Liability

9.1 7xHost shall not be liable to the Customer for harm caused by or related to Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.

9.2 Neither Party shall be liable to the other 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.

9.3 Notwithstanding anything else in this agreement, the maximum aggregate liability of 7xHost, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the one (1) month prior to the occurrence of the event(s) giving rise to the claim.

10. Customer General Warranties and Undertakings

10.1 The Customer warrants that any information supplied for the purpose of creating an account with 7xHost, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date in 7xHost.

10.2 The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.

10.3 The Customer warrants that they hold and will continue to hold the copyright for data stored on 7xHost servers, or that they are licensed and will continue to be licensed to use that data.

10.4 The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by 7xHost which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by 7xHost.

10.5 The Customer warrants that all due care has been taken to ensure data integrity on 7xHost servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure that the data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person.

10.6 The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that you will not refer complaints or inquiries in relation to such access to 7xHost.

11. General Assurances and Undertakings

11.1 7xHost accepts liability for the supply of the Service to the Customer to the extent provided in this agreement.

11.2 7xHost does not warrant that

• The Services provided within this agreement will be uninterrupted or error free;
• 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 Service or internal 7xHost systems.

11.3 7xHost does 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.

11.4 No oral or written information or advice given by 7xHost or its resellers, agents, representatives or employees, to the Customer, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Customer should not rely on any such information or advice.

11.5 In no event will 7xHost be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

12. Entire Agreement

12.1. These terms and conditions constitute the entire agreement between 7xHost and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.

13. Governing Law

13.1 The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by 7xHost.

13.2 The Customer agrees that these terms and conditions are governed by the laws of New South Wales, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

14. Changes

14.1 7xHost may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

14.2 Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.