Rackmill Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS OUR SERVICES.

1. Company Information

Rackmill (ABN 93 549 860 837) is registered with ASIC and operates from Perth, Western Australia. For complete company information, registration details, and contact information, see our Legal Notice.

1.1 Data Sovereignty

All Rackmill servers are physically located in Perth, Western Australia (primarily at Equinix PE2). This means your data remains within Australian jurisdiction, providing clarity on applicable laws and regulations for businesses with data sovereignty requirements.

2. Services

2.1 Service Offerings

Rackmill provides the following hosting and infrastructure services, all hosted locally in Perth, Western Australia:

• VPS Hosting: Windows and Linux virtual private servers with root access
• Web Hosting: Full cPanel access web hosting services
• WordPress Hosting: Optimized WordPress hosting with cPanel access
• Dedicated Servers: Dedicated server hosting with full control
• Colocation Services: Colocation at Equinix PE2 in Perth, Western Australia

2.2 Service Specifications

Service availability, performance, features, and pricing are subject to:

• Our infrastructure capabilities and policies
• Specific service plan selected by the Customer
• Service descriptions published on our website
• Any applicable Service Level Agreements

2.3 Service Modifications

We reserve the right to modify, change, or discontinue any aspect of our services. We will provide reasonable notice of material changes that significantly affect your services.

3. Account Registration and Security

3.1 Account Creation

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate, current, and complete information during registration
• Have the legal capacity to enter into a binding contract
• If representing an organization, have the authority to bind that organization

3.2 Account Information Accuracy

You agree to:

• Provide and maintain accurate, current, and complete account information
• Promptly update your account information when it changes
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activity occurring under your account
• Using strong passwords that adhere to industry-standard security criteria
• Regularly changing your passwords
• Enabling two-factor authentication when available
• Immediately notifying us of any security breach or unauthorized access

3.4 Account Ownership Disputes

If a dispute arises about account ownership, we may block access to the account until:

• The parties to the dispute agree on a resolution, or
• The matter is finally resolved by a competent authority

We are not liable for any damages resulting from account ownership disputes or account blocking.

4. Payment and Billing

4.1 Billing Cycle

• Services are billed in advance on a monthly, quarterly, annual, or other agreed basis
• Invoices are issued prior to each billing period
• Payment is due within ten (10) days of invoice date unless otherwise agreed in writing

4.2 Payment Methods

We accept payment via:

• Credit card
• Debit card
• Bank transfer (where agreed)
• Other methods as we may make available

4.3 Automatic Renewal

Unless you cancel before the renewal date:

• Services automatically renew for equivalent periods
• You will be charged at the then-current rates
• Renewal charges are non-refundable except as required by law

4.4 Late Payment

If payment is not received by the due date:

• Services may be suspended after seven (7) days
• We may charge an administration fee and interest on overdue amounts
• Services may be terminated if payment is not received within fourteen (14) days
• You remain responsible for all amounts owed plus collection costs

4.5 Price Changes

We reserve the right to change our prices. Price changes will:

• Not affect your current billing period
• Apply to subsequent renewal periods
• Be communicated at least thirty (30) days before the renewal date

4.6 Taxes

All prices exclude GST and other applicable taxes unless stated otherwise. You are responsible for all applicable taxes.

4.7 Billing Disputes

Disputes regarding charges must be reported within sixty (60) days of the charge. We will investigate valid disputes and issue credits or refunds as appropriate.

4.8 Chargebacks

If you initiate a chargeback that we determine to be invalid:

• You agree to pay an administrative fee of not less than $50 and not more than $150
• You remain liable for all valid charges plus administrative costs
• We may suspend or terminate your services
• Criminal fraud chargebacks will result in permanent service termination

5. Cancellation and Refunds

5.1 Customer-Initiated Cancellation

You may cancel your services at any time by:

• Submitting a cancellation request through your customer portal
• Providing written notice via email to accounts@rackmill.au

5.2 Cancellation Processing

• Cancellation requests must be submitted at least two (2) business days before the next renewal date
• Services will remain active until the end of the current paid period
• You remain responsible for all charges incurred before cancellation

5.3 No Refund Policy

Fees paid for services are non-refundable. This includes:

• Monthly, quarterly, or annual subscription fees
• Setup fees or one-time charges
• Services cancelled before the end of the billing period
• Services terminated due to violations of these Terms or our policies

Australian Consumer Law: Nothing in this policy limits your rights under Australian Consumer Law. If we fail to meet consumer guarantees that cannot be excluded by law, you may be entitled to remedies as outlined in Section 17.

6. Service Availability and Maintenance

6.1 Uptime Commitment

While we strive to provide continuous availability:

• We do not guarantee 100% uptime
• Specific uptime guarantees may be provided in separate Service Level Agreements
• We are not liable for service interruptions not covered by a Service Level Agreement

6.2 Scheduled Maintenance

We may perform scheduled maintenance that requires service downtime:

• We will provide at least two (2) days notice for maintenance requiring more than 30 minutes of downtime
• Maintenance will be performed at times deemed suitable by us
• We will make reasonable efforts to minimize disruption

6.3 Emergency Maintenance

We may perform emergency maintenance without notice when necessary to:

• Protect the security or integrity of our systems
• Prevent service degradation
• Address critical security vulnerabilities
• Comply with legal requirements

7. Data Management and Backups

7.1 Customer Responsibility for Backups

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING REGULAR OFF-SITE BACKUPS OF YOUR DATA.

7.2 Backup Services

• We may provide backup services for certain service types for disaster recovery purposes only
• Backups are provided as a courtesy and are not guaranteed to be available, current, or complete
• We do not warrant that backups will be successful or restorable

7.3 Data Loss Disclaimer

RACKMILL IS NOT RESPONSIBLE FOR DATA LOSS UNDER ANY CIRCUMSTANCES.

This includes but is not limited to:

• Hardware failures
• Software malfunctions
• Security breaches
• User error
• Service termination
• Any other cause

7.4 Data Restoration

• We will make reasonable efforts to restore data from backups in the event of hardware failure or data corruption
• If backup data is corrupt or unavailable, you must restore from your own backups
• Data restoration is not guaranteed and may not be possible in all circumstances

8. Acceptable Use

8.1 Compliance Required

You must comply with:

• Our Acceptable Use Policy (incorporated by reference)
• All applicable Australian and international laws
• All applicable industry standards and regulations

8.2 Prohibited Activities

You must not use our services for activities prohibited in our Acceptable Use Policy, including but not limited to illegal activities, spam, malware distribution, hacking, copyright infringement, and activities that harm our infrastructure or other customers.

See our Acceptable Use Policy for the complete list of prohibited activities and definitions.

8.3 Enforcement

Violations of our Acceptable Use Policy may result in:

• Warning and required corrective action
• Service suspension
• Content removal
• Service termination without refund
• Legal action and cost recovery

9. Intellectual Property

9.1 Customer Content

You retain all ownership rights to content you upload or create using our services ("Customer Content"). By using our services, you grant us a limited license to:

• Store, process, and transmit your Customer Content as necessary to provide services
• Make archival or backup copies
• Use your logos and trademarks for purposes of providing services to you

9.2 Rackmill Property

All rights, title, and interest in Rackmill's services, infrastructure, software, and materials remain the exclusive property of Rackmill. This includes:

• Our website and customer portal
• Software, scripts, and applications we provide
• Documentation and support materials
• Trademarks, service marks, and logos

9.3 License Restrictions

You may not:

• Reverse engineer, decompile, or disassemble our software
• Remove or obscure proprietary notices
• Use our trademarks without written permission
• Claim ownership of Rackmill property

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.2 Australian Privacy Principles

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

10.3 Data Location

All data is stored and processed in Perth, Western Australia, keeping your data within Australian jurisdiction.

11. Third-Party Services

11.1 Third-Party Integrations

Rackmill may integrate with third-party services such as:

• Payment processors
• Domain registrars
• Software providers
• Control panel providers (e.g., cPanel)

11.2 Third-Party Terms

Each third-party service provider maintains their own legal terms and privacy policies. Your use of third-party services is subject to their terms.

11.3 No Warranty for Third-Party Services

We do not warrant or guarantee the availability, quality, or suitability of third-party services.

12. Warranties and Disclaimers

12.1 Service "As Is"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free service
• Accuracy or reliability of results
• Security of data

12.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights you may have under Australian Consumer Law that cannot lawfully be excluded. See Section 17.

13. Limitation of Liability

13.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACKMILL IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of data
• Loss of goodwill
• Business interruption

This applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.

13.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Australian Consumer Law Exceptions

The limitations in this section do not apply to liability that cannot be limited by law, including liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of consumer guarantees under Australian Consumer Law

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Rackmill, its officers, directors, employees, agents, and partners from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Content you upload or transmit using our services

14.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

15. Suspension and Termination

15.1 Suspension by Rackmill

We may suspend your services immediately without notice if:

• Payment is more than seven (7) days overdue
• You violate these Terms or our Acceptable Use Policy
• Your activities threaten the security or integrity of our systems
• We are required to do so by law or legal process
• We reasonably believe suspension is necessary to prevent harm

15.2 Termination by Rackmill

We may terminate your services and account if:

• Payment is more than fourteen (14) days overdue
• You engage in serious or repeated violations of these Terms
• You breach your obligations under these Terms
• We decide to cease providing services (with reasonable notice)

15.3 Termination by Customer

You may terminate services at any time in accordance with Section 5 (Cancellation and Refunds).

15.4 Effect of Termination

Upon termination:

• Your access to services will be disabled
• We may delete your data in accordance with our data retention policies
• You remain liable for all charges incurred before termination
• Provisions of these Terms that by their nature should survive will survive termination

15.5 Data Retrieval

After termination, we may provide a limited period (typically 7-14 days) during which you can retrieve your data, subject to payment of any outstanding amounts. After this period, we may permanently delete your data.

16. Dispute Resolution

16.1 Good Faith Negotiation

Before commencing any formal dispute resolution proceedings, the parties agree to:

• Notify the other party in writing of the nature of the dispute
• Use good faith efforts to resolve the dispute through direct negotiation
• Allow a reasonable period (at least 30 days) for negotiation

16.2 Disputes Not Affecting Payment Obligations

The existence of a dispute does not relieve you of your obligation to make timely payments for services.

17. Australian Consumer Law

17.1 Consumer Guarantees

If you are a consumer as defined in the Australian Consumer Law, our services come with guarantees that cannot be excluded. For major failures with services, you are entitled to:

• Cancel your service contract with us
• Seek remedies available under Australian Consumer Law, which may include compensation for reduced value or other appropriate relief

17.2 Non-Excludable Rights

Nothing in these Terms excludes, restricts, or modifies:

• Any consumer guarantees under the Australian Consumer Law
• Your rights under the Competition and Consumer Act 2010 (Cth)
• Any other rights you have under Australian law that cannot lawfully be excluded

17.3 Limitation of Liability for Non-Consumer Services

If our services are not ordinarily acquired for personal, domestic, or household use, we limit our liability for breach of any non-excludable guarantee (other than those implied by sections 51, 52, or 53 of Australian Consumer Law) to, at our option:

• Re-supply of the services
• Payment of the cost of having the services re-supplied

18. Contractual Terms

18.1 Entire Agreement

These Terms, together with our Acceptable Use Policy, Privacy Policy, and any applicable Service Level Agreements, constitute the entire agreement between you and Rackmill regarding your use of our services.

18.2 Amendments

We may modify these Terms at any time. Changes will be effective immediately upon posting to our website. We will make reasonable efforts to notify you of significant changes via:

• Email to your registered email address
• Notice in your customer portal
• Notice on our website

Your continued use of our services after changes constitutes acceptance of the modified Terms.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Rackmill.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, severe weather)
• Telecommunications failures
• Power outages
• Government actions or regulations
• Labor disputes
• Pandemics or health emergencies
• Acts of terrorism or war

18.6 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Rackmill.

18.7 Notices

Notices to you may be provided via:

• Email to your registered email address
• Notice in your customer portal
• Posted mail to your registered address

Notices to us should be sent to: accounts@rackmill.au

18.8 Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

19. General Provisions

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

19.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, Australia for any disputes arising from or relating to these Terms or your use of our services.

19.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.4 Contact Information

For questions about these Terms, contact accounts@rackmill.au.

For complete company information and contact details, see our Legal Notice.

20. Acknowledgment and Acceptance

BY CREATING AN ACCOUNT, ACCESSING, OR USING RACKMILL'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE YOU MUST NOT USE OUR SERVICES.