Terms of Use

These Terms of Use (‘Terms’) govern the use of this website, as well as applying to all Subscribers to this website. Additional terms may apply to specific Services that you subscribe to, and are also included in these Terms.

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for the subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time, including the Acceptable Use Policy.

1. DEFINITIONS

“Content” means any and all material, links, words, images including but not limited to any goods and services the subscriber stores or shares through any of our hosting packages.

“Relentless Hosting” means Relentless Hosting Pty Ltd.

“Services” means website hosting, reseller hosting, website design, use of virtual private servers and any other products available on our website.

“Subscriber” means a subscriber to the Services on this website.

“the website” and “our website” means https://www.relentlesshosting.com.au.

“We”, “our” and “us” means Relentless Hosting.

“You” and “your” means the Subscriber to our services.

2. SERVICES

We agree to provide all Services in a professional manner and in accordance with generally accepted industry practice and standards.

a. Web Hosting and Reseller Hosting

If you are migrating your website from another host, we can migrate your website for you free of charge if your site is moving from a host that uses cPanel. If you require us to migrate your site for you from any other type of hosting solution, there may be a one off fee of $50 for our migration service.

Each web hosting package comes with a specified monthly storage and bandwidth limit. Your bandwidth limit is determined by the package you subscribe to. We monitor your storage and monthly bandwidth usage. You can check on your storage and bandwidth use by accessing your account at any time. The bandwidth calculations are updated daily and are not in real time.

You will receive automated emails to advise you when you are approaching your bandwidth limit. Once you reach your bandwidth limit, your website will no longer be displayed, and a ‘Bandwidth Exceeded’ message will instead be displayed to any party visiting your website until you either upgrade your hosting package or you bandwidth usage is reset. Bandwidth usage is reset on the 1stof every month.

If your storage use exceeds the storage limit that applies to the package you subscribe to, we have the right to take corrective action to reduce your storage use to an amount that does not exceed your limit, including deleting any of your Content or terminating your Services. Such action may be taken in our sole and absolute discretion, and we do not accept any liability for any loss or damage that arises as a result of the corrective action.

Any disc and bandwidth usage over the allowed limits will be charged at $1 per GB over, charged per MB.

b. Domain registration

Your registration of a domain name is not perpetual. You hold a licence to a domain name for a specified duration. Domain names must be renewed periodically at your expense. The duration of your domain registration depends on a variety of factors including the maximum allowable for a particular country code or generic descriptor first level domain extension, and the number of years you elect to register the domain for (in circumstances where you have the flexibility to nominate the duration). For .au domain names, the standard domain name licence period is 2 years.

In the lead up to the renewal date of your domain name, you will receive notifications from us to remind you that your domain name is due to expire.

We are not liable for any loss or damage that you incur as a result of your failure to renew a domain name by its expiration date.

c. Virtual private servers

If you have subscribed to the use of virtual private servers, you agree to adhere to security best practices, including the recommendation to change of administrator passwords on a regular basis. We are at no time responsible for any lost data on your own virtual private server unless you are using and have subscribed to our Relentless Hosting backup service.

d. Support

The website hosting you may subscribe to as part of your Services includes limited hosting support as part of your package.

Hosting support includes:

   

Support for the Services is provided at no additional expense by submitting a ticket at https://www.relentlesshosting.com.au/members/submitticket.php.

During our usual business hours, we will endeavour to respond to your ticket within 30 minutes. Support includes but is not limited to unexpected server outages and unexpected interruptions to Services.

Support outside of our usual business hours is not guaranteed, and may not be immediately available.

In the event that a request for support is not related to a Service emergency or a Service provided by Relentless Hosting, you may be invoiced for costs incurred at the prescribed rate. Services which incur additional fees include debugging of script related issues, items which you may have used, uploaded or caused to your account and similar support for which additional charges apply. We will advise you at the time of your request of additional fees and charges.

For Subscribers to Services involving managed cPanel servers, we provide setup for cPanel servers, managed Firewall setup, install intrusion detection software, setup backup and email reports for the firewall and intrusion software effectiveness and provide 24x7 service monitoring.

3. FAIR USE

In order to preserve the integrity of Relentless Hosting’s Services and provide all Subscribers with Relentless Hosting’s 99.9% uptime guarantee, Relentless Hosting must be able to regulate your use of server resources. Therefore, you agree that you shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of Relentless Hosting’s servers. We define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. You agree that you are responsible for assuring reasonable server resource usage. Any violation of this policy may result in immediate account cancellation and imposition of an administrative fee of $50.00 (AUD). We will not refund to you any fees paid prior to such cancellation and you will be obligated to pay all fees and charges accrued prior to the cancellation, including all charges for all Services for each month remaining in your package. We reserve the right to determine, in our sole and absolute discretion, what constitutes a violation of this provision.

4. PRICING AND PAYMENT

The pricing for each of the Services that we offer are detailed on our website. For fixed price Services, Relentless Hosting reserves the right to change the pricing:

    

In any event where there is a variation to pricing, you will be notified in writing, electronically or otherwise.

Services may be billed on a one-off, monthly, every 3 months, bi-annually, annualy or every 3 years basis depending on the Service you have subscribed to.

We also offer custom services for your website and hosting. Please ask us for a quote.

a. Periodic Subscription Fees

Relentless Hosting does not extend credit to Subscribers. All Services must be paid for in advance of any delivery of service.

In the case of Services which require periodic subscription fees, including monthly and annual fees, you must pay the subscription fee in advance. No refunds will be given for months remaining where you have cancelled your Service before the end of the period.

b. Automatic Payment Methods

By providing your credit card or other direct debit details, you authorise us and agree to the subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each period unless you or we cancel the subscription in accordance with the below cancellation terms.

If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with our subscription terms, we have the right to suspend your subscription. Please note that this may have serious consequences which may result in your website being unavailable, losing your domain rights or other consequences for which we cannot be held responsible. We will notify you, wherever possible, prior to any such suspension.

c. Credit card chargeback

If you initiate or there is a chargeback on your credit card for Relentless Hosting’s fees payable for the Services, you will be subject to an administrative fee of $50.00 (AUD) per chargeback, re-payment of the amount(s) originally charged to the credit card and our Services may be termination in our sole discretion.

d. Failure to make payment

We provide your invoice 14 day before the due date. If you fail to make payment within 7 days of the due date, your Service will be suspended. This may mean that any websites you are hosting on our servers may not be accessible or available.

If you fail to make payment within 30 days of the due date, your Service will automatically be terminated. This may mean that any content that you have uploaded or stored on our servers will be irreversibly deleted.

We accept no responsibility for any loss or damage that you may incur as a consequence of the suspension or termination of your Service or any lost data, files or website content.

e. Refund Policy

If you are not completely satisfied for any reason at any point in time during the first 30 days of purchasing a hosting package from Relentless Hosting, a full refund of the hosting package will be issued to you. The full refund does not include any additional upgrades purchased after the initial date of purchase. The 30 day Money Back Guarantee does not apply to you if you have violated these Terms or any other Relentless Hosting Policy, and is only available once per customer.

The 30 Day Money Back Guarantee does not apply to any additional items or services that you may have purchased at the same time or after you purchased a hosting package, including domain names, dedicated server packages, SSL certificates or software licenses. Additionally, the 30 Day Money Back Guarantee does not apply to you if you have previously closed or terminated a web hosting package from Relentless Hosting. Applying for the 30 Day Money Back Guarantee must be completed within seven (7) days of cancelling your hosting package. We reserve the right to determine, in our sole and absolute discretion what constitutes and what amount constitutes the 30 Day Money Back Guarantee refund.

Refunds cannot be provided for domain names, software licences, dedicated servers and SSL certificates.

If your hosting package entitled you to free registration of a domain name, and you elected to register a domain name on that basis, any refund that you receive for the hosting Services in accordance with the 30 day Money Back Guarantee will exclude the reasonable expense incurred by us in registering the domain name you requested.

5. AGREEMENT FOR SUBSCRIPTION SERVICES

To be eligible to subscribe to our Services, you acknowledge and agree to the following:

6. GENERAL

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy or unusual time period.

In order to provide the full suite of Services to you, we engage third party providers to enable access to the Services. This includes the use of Synergy Wholesale for domain registrations. You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

7. CANCELLATION AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our website. You must cancel by logging into your account and cancel your subscription via the menu or by otherwise opening a support ticket within your account and requesting cancellation in writing to us.

We require 30 days notice to cancel any subscription prior to the renewal date, to ensure you are not charged for the next month. If we do not receive your cancellation notice 30 days prior to the next monthly payment date, you will be charged the monthly fees for the next month.

No refund of any amount will be paid for Services cancelled prior to their respective expiry date, except in accordance with the Refund Policy above. Under no circumstances will we refund any fees associated with the registration of a domain name.

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms or the Acceptable Use Policy. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

8. MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or our website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

9. LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, our website, or any information contained on it or linked to it, or from any termination of your Services in accordance with clause 7. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, damage to reputation, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

ACL

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10. INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names on our website are registered trademarks, copyright, trade or service marks of Relentless Hosting.

Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

11. INDEPENDENT CONTRACTORS

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and Relentless Hosting. Each of Relentless Hosting and its Subscribers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other.

12. GOVERNING LAW

These Terms of Use are governed by the laws of the state of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of the state of Victoria for determining any dispute concerning these Terms.

13. ASSIGNMENT

You may not assign this agreement or any of its rights or obligations under this agreement without our prior written consent. We may assign this agreement or any of its rights and obligations under this agreement, effective upon Notice to you, to any subsidiary or affiliate, or in connection with any sale, transfer, or other disposition of all or substantially all of its business or assets but only if the assignee assumes all of our obligations.

Still have questions? Our sales team are available to answer any questions you may have.

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Excellent service from the team at all hours... Made our transition from other hosting site very quick, easy and ACCURATE, no transition issues at all.