Last updated: 16 December 2025
1. Introduction
These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”, “your”)
and AussieWave Hosting PTY LTD (“AussieWave”, “we”, “us”, “our”) regarding your use of our
services, websites, and client portals (including WHMCS).
By ordering, accessing, or using our services, you agree to these Terms.
2. Definitions
Services means any product or service we provide including shared hosting, VPS hosting, email hosting,
domain services, SSL certificates, licenses, and related support.
Client Area means our customer portal (including WHMCS).
Content means any data, text, software, files, emails, images, or material you store, transmit, or process using the Services.
Third-Party Providers includes providers we partner with or rely on (for example cPanel/WebPros, CloudLinux, OVH, Vultr, Synergy Wholesale, and payment processors).
3. Accounts
You must be at least 18 years old and provide accurate registration, billing, and contact information.
You are responsible for all activity occurring under your account, including keeping passwords, API keys,
and access credentials confidential. You must promptly notify us of any unauthorised use or security incident.
4. Services
We provide hosting and related services as described on our website and in the Client Area. Service specifications,
limits, and inclusions may vary by plan and may change over time. Some services may be delivered using Third-Party Providers.
You must comply with all applicable laws and these Terms when using the Services.
5. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy (“AUP”), which forms part of
these Terms of Service and is incorporated by reference.
The AUP sets out acceptable and prohibited uses of our Services, including restrictions relating
to security, resource usage, email, messaging, and content.
You agree to comply with the AUP at all times. We may suspend, restrict, or terminate Services
for violations of the AUP in accordance with these Terms.
The current version of the Acceptable Use Policy is available at https://aussiewave.au/acceptable-use/
6. Resource & Fair Use
Shared services are subject to fair use and platform limits (including CPU, memory, disk I/O, inode counts, and concurrent processes).
Where usage impacts platform stability or other customers, we may apply restrictions, request remediation, require an upgrade,
or suspend the affected service. VPS services are subject to the allocated resources of the plan ordered.
Cron Jobs & Scheduled Tasks
Scheduled tasks, cron jobs, and background processes must be configured responsibly.
Cron jobs that execute excessively frequently, consume disproportionate system resources,
or interfere with platform stability are not permitted.
On shared hosting services, cron jobs may be subject to execution limits, minimum intervals,
or other technical restrictions.
We reserve the right to modify, throttle, disable, or remove cron jobs that negatively impact
service performance or violate our Acceptable Use Policy, with or without prior notice.
7. Email & Messaging
Email and messaging services must not be used for spam, unsolicited bulk messaging, phishing,
fraud, or distribution of malicious or deceptive content.
You must comply with all applicable anti-spam and privacy laws, including the Australian
Spam Act 2003, and maintain appropriate consent records where required.
You are responsible for the reputation, content, and behaviour of all email sent using your
services, including email sent by scripts, applications, cron jobs, or compromised credentials.
Where email activity negatively impacts platform reputation, deliverability, or upstream
relationships, we may impose sending limits, suspend email services, or restrict accounts
immediately, with or without prior notice.
8. Domains & SSL
Domain registrations, renewals, transfers, and SSL certificates may be provided via Third-Party Providers (including Synergy Wholesale),
and may be subject to their policies and registry rules. You are responsible for ensuring contact details are accurate and kept up to date.
Fees for domains and SSL certificates are generally non-refundable once processed.
9. Billing & Payments
Invoices are issued via the Client Area and are typically billed in advance on a recurring basis.
Payments are processed via Stripe (and other payment methods we may enable from time to time).
You authorise us and our payment processors to charge applicable fees in accordance with your selected billing cycle.
Failure to pay may result in suspension, cancellation, or loss of data as described in Section 11.
10. Cancellations & Refunds
You may request cancellation via the Client Area. Cancellation stops future billing but does not automatically refund prior charges.
Non-refundable items typically include: domain registrations/renewals, SSL certificates, licenses, and Third-Party Provider costs already incurred.
If we offer a promotional refund or trial period, it will be described at the time of purchase and may include exclusions.
11. Suspensions & Termination
We may suspend, restrict, or terminate Services where:
• invoices remain unpaid after the due date;
• there is suspected fraud, compromise, or security risk;
• there is an alleged breach of Acceptable Use or a legal complaint;
• required to do so by law or a lawful request.
Where practical, we will provide notice. In urgent cases (security/abuse), suspension may occur without notice.
12. Backups & Data
You are solely responsible for maintaining current backups of your Content.
While we may provide backup tooling or scheduled backups on some plans, these are provided as a convenience and are not guaranteed.
We do not warrant that backups will be available, complete, or restorable.
13. Security
You are responsible for the security of your applications, passwords, and endpoints, including keeping software up to date.
For VPS services, you are responsible for operating system and application security unless a managed service is explicitly purchased.
We may apply platform security controls to protect our infrastructure and other customers.
14. Third-Party Providers
Some Services rely on Third-Party Providers and upstream networks. We are not responsible for outages, failures,
delays, or limitations caused by events outside our reasonable control, including upstream provider issues,
DDoS attacks, registry actions, or force majeure events.
15. Uptime & Support
We aim to provide reliable services; however, uninterrupted availability is not guaranteed unless explicitly stated in a separate Service Level Agreement (SLA).
Planned maintenance may occur and may impact availability.
Support is provided via support@aussiewave.au and the Client Area.
Response times may vary based on severity, service type, and business hours.
16. Liability & Consumer Guarantees
To the maximum extent permitted by law, we are not liable for indirect, consequential, special, or incidental loss,
including loss of profits, revenue, goodwill, or data.
Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law.
Where permitted, our liability is limited to (at our option) re-supplying the services or paying the cost of re-supply.
17. Indemnity
You agree to indemnify and hold harmless AussieWave from and against any claims, losses, liabilities, damages,
costs, and expenses (including reasonable legal fees) arising from your Content, your use of the Services, or your breach of these Terms.
18. Changes to These Terms
We may update these Terms from time to time. The latest version will be published on our website.
Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
19. Governing Law
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.
20. Contact
AussieWave Hosting PTY LTD
Unit 3, 1579 Burwood Hwy, Tecoma, Victoria, Australia 3160
PO Box 154, Pakenham, Victoria, Australia 3810
Customer email: hello@aussiewave.au
Support email: support@aussiewave.au
Phone: +61 (03) 9999 3214