exHost – a trading name of 21 Web Solutions Pty Ltd (ACN 632 078 730)

1. Agreement

Thank you for reviewing our Terms of Service (the “Agreement”). We are 21 Web Solutions Pty Ltd (ACN 632 078 730), trading as exHost (referred to in this Agreement as “exHost”, “we”, “our”, “us”).

exHost is proud to partner with trusted providers, including:

• Web Hosting services via Dream IT Host Pty Ltd (ACN 615 368 440)
• Domain Registration services via Dreamscape Networks and TPP Wholesale

By subscribing to our services or activating an account, you agree to the terms set out in this Agreement, together with any applicable policies of our upstream resellers (including but not limited to ICANN and .auDA domain policies).

If you are entering this Agreement on behalf of a company or organisation, you confirm that you have the authority to bind that entity.

Should you have any questions regarding these Terms, you may contact us at support[at]exhost.com.au.

2. Term

This Agreement begins when you create an account or purchase a service from us and continues for the agreed subscription period. At the end of each subscription period, services will automatically renew unless cancelled in accordance with Clause 13.

3. Services

We will use reasonable endeavours to provide services to you in line with this Agreement until termination under Clause 13.

• Hosting and domain plans have resource limits (e.g., storage, bandwidth, features) depending on your chosen plan. Exceeding these limits may result in additional charges or the need to upgrade.
• You acknowledge that we rely on third-party resellers and providers to deliver core elements of the services. We reserve the right to change or update providers at our discretion. Where such changes occur, your data may be transferred as reasonably necessary.

4. Payment

4.1 Fees

You agree to pay the fees associated with your selected hosting, domain, or service plan. Some services may incur a one-off setup or ongoing maintenance charge under 21 Web Solutions Pty Ltd.

4.2 Invoicing and Payment

• Invoices are issued by 21 Web Solutions Pty Ltd T/A exHost.
• Payments are processed monthly or annually (depending on the plan selected).
• Fees must be paid in Australian Dollars and are exclusive of GST, unless otherwise stated.
• Any overdue amounts may result in service suspension until full payment is received. We may also apply interest on overdue invoices at 12% per annum.

5. Use of Services

5.1 Account

To use our services, you must provide accurate information and maintain up-to-date account details.

5.2 Security

You are responsible for safeguarding your login credentials. We are not liable for unauthorised access unless caused by our systems.

5.3 Your Obligations

• You are responsible for maintaining your own content backups.
• You must not upload or distribute harmful, illegal, or infringing content.
• You must not engage in prohibited activities, including spamming, hacking, mining, or excessive resource use.

5.4 Prohibited Conduct & Content

Use of our services must comply with Australian law and international standards. Activities such as cybercrime, hosting offensive or unlawful content, operating unauthorised mass email systems, or infringing intellectual property rights are strictly prohibited.

We reserve the right to suspend or terminate accounts found in breach.

6. Suspension

We may suspend services without liability if:

• Payments remain overdue beyond 14 days.
• You engage in prohibited conduct or host prohibited content.
• We are required by law or regulatory authority.

Reactivation may incur a reactivation fee.

7. Warranties

We warrant that our services will be delivered substantially as described. However, we do not guarantee uninterrupted, error-free, or fit-for-purpose services due to reliance on upstream providers and the inherent nature of the internet.

8. Service Levels & Support

• exHost provides support via email and ticketing systems.
• Service uptime is subject to the SLAs of our upstream providers (Dream IT Host for hosting and Dreamscape/TPP Wholesale for domain services).
• Credits may be available if uptime commitments are not met, subject to investigation.

9. Privacy & Confidentiality

We handle personal data in line with our Privacy Policy. Some information may also be shared with our upstream resellers for provisioning your services.

We may disclose information where legally required.

10. Intellectual Property

• We own or licence the intellectual property in our services.
• You are responsible for ensuring that any materials you provide (e.g., website content, domain names) do not infringe third-party rights.
• IP addresses, software, and infrastructure remain under our or our supplier’s control.

11. Limitation of Liability & Consumer Guarantees

• If you are a consumer under the Australian Consumer Law (ACL), our services come with guarantees that cannot be excluded.
• For business users, liability is limited to the resupply of services or the fees paid in the previous 6 months.
• We are not responsible for indirect, consequential, or incidental damages (e.g., data loss, downtime, security breaches).

12. Indemnity

You agree to indemnify us against any costs, losses, or claims arising from:

• Your breach of this Agreement.
• Your use of services in violation of law or third-party rights.
• Debts or disputes relating to your use of the services.

13. Termination

Either party may terminate by providing at least 7 days’ written notice prior to renewal.

We may immediately terminate services if:

• You materially breach this Agreement.
• You fail to pay outstanding fees.
• Required by law or upstream providers.

Upon termination:

• Your account data may be deleted within 48 hours.
• You must pay any outstanding amounts.

14. Dispute Resolution

Disputes will first be addressed by written notice and good faith discussions. If unresolved, disputes may be referred to mediation in Melbourne, Victoria.

15. General Provisions

• Governing Law: This Agreement is governed by the laws of Victoria, Australia.
• Assignment: You may not assign rights without our consent.
• Force Majeure: Neither party is liable for delays outside reasonable control (e.g., natural disasters, internet outages, supplier issues).
• Variations: We may update these Terms by providing at least 30 days’ notice. Continued use constitutes acceptance.

16. Definitions

Account: Your registered service profile with us.
Agreement: This Terms of Service document.
Fees: All charges related to services, including subscriptions, setup, and usage.
Hosting Plan: The hosting package you select.
Prohibited Conduct / Content: As described in Clause 5.4.
Services: Hosting, domain registration, and related services provided under this Agreement.
Subscription Period: The duration of your plan (monthly/annually).