Terms of service

1. Who we are and what these terms cover

Prestige Hosting is a trading name of Prestige Technology Solutions Pty Ltd (ABN 58 696 082 096), a company registered in Queensland, Australia. In these terms, “we”, “us” and “our” mean that company, and “you” means the person or entity that creates an account or buys a plan.

These terms, together with our Privacy Policy and Acceptable Use Policy, govern your use of the Prestige Hosting website, dashboard and hosting services (the “Services”). By creating an account you agree to them. If you are acting for a business, you confirm you have authority to bind it.

2. Your account

• You must be at least 18 years old, or acting for an organisation that is, to hold an account.
• You must give us accurate contact details and keep them current. We send invoices, security notices and service notices to the email address on your account, and they are taken to be received when sent.
• You are responsible for everything done under your account, including by anyone you share your password, FTP credentials or database credentials with. Tell us straight away at hello@prestigehosting.com.au if you think your account has been compromised.

3. The Services

We provide shared web hosting on servers located in Australia, with the features and limits described on the pricing page for the plan you choose: storage, monthly data transfer, number of websites and number of databases. Every plan includes SSL certificates, daily backups retained for 14 days, hosted DNS, PHP and MariaDB, and file upload through the dashboard or FTP over TLS.

The Services do not include domain name registration, email hosting, website design, or the installation or maintenance of software on your site. We may add services later; when we do, these terms will cover them unless we say otherwise.

3.1 Fair use of shared resources

Your plan runs on a server shared with other customers. Storage and transfer limits are hard limits. CPU, memory and process use are not metered, but if a site consistently uses resources in a way that degrades the server for others, we will contact you first to work out a fix, which may mean moving to a larger plan. We will only limit or suspend a site without notice where it is necessary to keep the server running for everyone else.

3.2 Backups

We take a backup of each site every day and keep the most recent 14. Backups are a safety net, not an archive: you should keep your own copy of anything you cannot afford to lose. Restoring a backup replaces the current files and database for that site.

3.3 Changes to the Services

We may change the Services, including server software versions, where the change is reasonably necessary for security, performance or maintenance, and we will give notice by email where a change could affect your site. Where a change materially reduces what you paid for, you may cancel and receive a pro-rata refund of any unused prepaid period.

4. Fees, GST and payment

• Prices are in Australian dollars and include GST. A tax invoice is issued for every payment and is available from your dashboard.
• Plans are billed in advance, monthly or yearly, to the card you supply through our payment provider, Stripe. We do not store your full card details.
• Your subscription renews automatically at the end of each period unless you cancel before the renewal date.
• If you change plan mid-period, the difference is charged or credited on a pro-rata basis for the remainder of that period.
• We may change prices with at least 30 days’ notice by email. A price change applies from your next renewal after the notice period, and you may cancel before then.

4.1 Failed payments

If a renewal payment fails, we will email you and retry the card over the following days. If payment has not been received seven days after the renewal date, we may suspend the sites on that subscription. Suspended sites are not deleted; they return to service once the outstanding amount is paid. If payment has still not been received 30 days after the renewal date, we may treat the subscription as cancelled under section 6.

5. Refunds and the Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits those guarantees or the remedies available to you under them.

In addition, if the Services are not what you expected, you may cancel within 14 days of your first payment on a new subscription and we will refund that payment in full. Outside that window, and apart from the situations described in sections 3.3 and 4 or where the law requires it, prepaid fees are not refundable when you cancel early. If we terminate your subscription other than for breach, we will refund the unused portion of any prepaid period.

6. Cancelling and ending the agreement

6.1 By you

You can cancel from the billing page in your dashboard at any time. Your sites stay online until the end of the period you have paid for. After that, your sites are taken offline and we keep your files and databases for 30 days in case you want to return or download a copy, then delete them permanently.

6.2 By us

We may suspend or terminate your account, with notice where practical, if:

• you breach these terms or the Acceptable Use Policy and do not fix the breach within a reasonable time after we tell you, or the breach cannot be fixed;
• your account is used for unlawful activity, or we are required to act by a court, regulator or law enforcement;
• a site poses an immediate security risk to the server or other customers, in which case we may act first and notify you after; or
• fees remain unpaid as described in section 4.1.

We may also stop offering the Services altogether on at least 60 days’ notice, in which case we will refund any unused prepaid period and help you export your data.

7. Your content and your responsibilities

• You own the content you upload. You grant us only the licence needed to store, back up, serve and transmit it so we can provide the Services.
• You are responsible for your content, for having the rights to publish it, for the software you install, and for keeping that software updated. Out-of-date software is the most common cause of a compromised site.
• You are responsible for complying with laws that apply to your site and your visitors, including privacy, consumer and spam laws.
• You must comply with the Acceptable Use Policy.

8. Our responsibilities and limits on liability

We will provide the Services with due care and skill and will take reasonable steps to keep them available, secure and backed up. We do not promise that the Services will be uninterrupted or error-free; shared hosting on the public internet is not.

To the extent permitted by law, and subject to section 5, our total liability to you for any claim arising out of or in connection with the Services in any 12-month period is limited to the fees you paid us in that period, and we are not liable for indirect or consequential loss, loss of profit, loss of data that you have not backed up yourself, or loss of business. Where the Australian Consumer Law applies and permits it, our liability for a failure to comply with a consumer guarantee is limited to resupplying the Services or paying the cost of having them resupplied.

9. Privacy and data

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as described in our Privacy Policy. Your site files, databases and backups are stored on servers in Australia. We do not look at your content except where needed to provide support you asked for, investigate a suspected breach of these terms, or as required by law.

10. Other matters

• Changes to these terms. We may update these terms. We will email you at least 30 days before a change that reduces your rights takes effect. Continuing to use the Services after that date means you accept the change.
• Assignment. You may not transfer your account without our consent. We may assign this agreement to a related company or a buyer of the business, with notice to you.
• Whole agreement. These terms, the Privacy Policy, the Acceptable Use Policy and the pricing page are the whole agreement between us about the Services.
• Law and disputes. These terms are governed by the laws of Queensland, Australia. If there is a dispute, please email us first; most things are sorted out with a conversation. Otherwise the courts of Queensland have jurisdiction.
• Contact. Prestige Technology Solutions Pty Ltd, Gold Coast, Queensland. hello@prestigehosting.com.au.