Terms and Conditions

Terms and Conditions

Up Time Web Hosting Pty Ltd (ABN 86 628 722 163) trading as UpTime ("we", "us"). These terms apply to everyone who buys our services ("you").

Last updated 2 November 2026.

1. The agreement

This Agreement is made up of these Terms, the Service Level Agreement, the Acceptable Use Policy, the Privacy Policy and your order. If they conflict, these Terms apply, except that the Australian Consumer Law always prevails.

2. Your rights under the Australian Consumer Law

Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

3. Fees, invoices and renewals

Prices are as shown on our website or quote at the time you order, in Australian dollars and including GST. Services renew automatically for the same billing period unless you cancel. We will email you an invoice at least 14 days before each renewal (domain renewals at least 30 days before expiry). If an invoice is unpaid on its due date we will send at least two reminders before suspending the service. Additional fees (support and configuration work, reactivation and chargebacks) are listed on our Fees page at https://uptimewebhosting.com.au/help-desk-additional-fees/. We charge only the fees listed there, each reflects our reasonable cost, and we will tell you before doing any chargeable work and give a quote on request. We will give at least 30 days' notice of any increase to a listed fee. If you have a problem with a charge, please contact us first; we will promptly refund any incorrect charge. A chargeback recovery fee, listed on the Fees page, applies only if you start a chargeback or payment dispute without first contacting us and giving us a reasonable chance to resolve it. This does not limit your rights under clause 2. We do not charge a surcharge for paying by card, PayPal or direct debit. We do not charge for data transfer or storage on unlimited plans; use is subject to the Fair Use Policy in the Acceptable Use Policy. Support for software or code is billed in the increments on the Fees page, with no 1-hour minimum. If you dispute an invoice, please raise it within 30 days so we can resolve it quickly; this does not limit your rights under clause 2. If we must take collection action for an overdue amount, you must pay our reasonable collection costs.

4. Cancellation

You can cancel any service at any time through the client area or by helpdesk ticket. Cancellation takes effect at the end of the current billing period unless you ask for immediate cancellation. Before deletion we keep your hosting data for 7 days after cancellation so you can download it, unless you ask for earlier deletion.

5. Refunds and the 30-Day Money Back Guarantee

If you cancel a new hosting service within 30 days of first purchase, we will refund the hosting fee in full. Domain registrations, renewals and transfers, SSL certificates, third-party licences and professional services already performed are not refundable once processed, except where the Australian Consumer Law or the auDA cooling-off period requires a refund. Unused account credit is refundable on request when you close your account. Nothing in this clause limits your rights under clause 2.

6. Our service commitment

We will provide the services with due care and skill and in line with the Service Level Agreement, which sets out our 99.9% Up Time Guarantee and the service credits available. Service credits are in addition to your rights under clause 2.

7. Data location

Your hosted data is stored on our servers in NEXTDC data centres in Australia at the location you choose: Sydney (S1), Melbourne (M2), Brisbane (B2) or Perth (P1). NEXTDC provides the facility and has no access to your data. You can move location by helpdesk ticket.

8. Backups

We back up shared hosting accounts nightly to our own remote backup servers. We keep each nightly backup for 3 days, plus one monthly backup. Backups are provided on a best-effort basis to help recovery and are not guaranteed to be complete or current. You should keep your own copies of your website, email and databases. Restores can be requested by helpdesk ticket.

9. Your responsibilities

You must keep your account details current, keep your passwords secure, keep any software you install up to date, and use the services in line with the Acceptable Use Policy. You are responsible for the content you host.

10. Suspension

We may suspend a service immediately only where reasonably necessary: for non-payment after the reminders in clause 3, a security threat to our network or other customers, unlawful content, a serious breach of the Acceptable Use Policy, or a legal requirement such as a court order or eSafety notice. For other breaches we will give you notice and at least 7 days to fix the problem before suspending. We will tell you why a service was suspended and restore it promptly once the issue is resolved.

11. Termination

We may end this Agreement on 30 days' notice, and refund any prepaid fees for the unused period. We may end it immediately if you seriously or repeatedly breach the Acceptable Use Policy, or fail to fix a breach within the notice period in clause 10.

12. Limitation of liability

Subject to clause 2, neither party is liable for indirect or consequential loss. Subject to clause 2, our total liability under this Agreement is limited to the fees you paid for the affected service in the 12 months before the claim. These limits do not apply to liability for fraud, wilful misconduct or personal injury, or to loss of data to the extent caused by our negligence or breach. Where the law allows, for services not ordinarily acquired for personal, domestic or household use, our liability for failure to meet a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.

13. Indemnity

You indemnify us against third-party claims to the extent they arise from your breach of this Agreement, your content, or your unlawful use of the services. The indemnity is reduced to the extent we caused or contributed to the claim.

14. Domain names

Registration and renewal of .au domain names are subject to the .au Domain Administration Rules: Licensing (https://www.auda.org.au/policy/au-domain-administration-rules-licensing) and other auDA published policies as amended from time to time. You warrant that the information you give is true and that you meet, and will continue to meet, the eligibility and allocation criteria. You must update your registrant details within 14 days of any change. You may cancel a new .au licence within the 3-day cooling-off period. We will suspend or cancel a .au licence only on grounds permitted by the auDA rules, and you may complain to us and seek review by auDA. Other domain names are subject to the rules of their registry, which we will link at the time of order. Domain renewals are your responsibility; we send renewal reminders as set out in clause 3.

15. Email and marketing

We will send you service and billing emails. We send marketing emails only where the Spam Act 2003 allows, every marketing email has a working unsubscribe link, and we action unsubscribes within 5 business days.

16. Privacy

How we collect, use and disclose personal information is set out in our Privacy Policy at https://uptimewebhosting.com.au/privacy/.

17. SSL certificates

SSL certificates are issued by the issuing Certificate Authority (currently Sectigo) under its own terms.

18. Changes to these terms

We will give you at least 30 days' notice by email of any change that is not in your favour. If you do not accept the change, you may cancel before it takes effect and receive a pro-rata refund of prepaid fees for the unused period. Changes that are only in your favour, or are required by law, may take effect sooner.

19. Complaints and disputes

Please raise any complaint by helpdesk ticket or at support@uptimewebhosting.com.au. We will acknowledge it within 2 business days and aim to resolve it within 15 business days. If it is not resolved, either party may refer the dispute to mediation before starting court proceedings, except for urgent relief. You may also contact your state fair trading office or, for .au domains, auDA.

20. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control. If such an event stops a service for more than 30 days, either party may cancel the affected service and you will receive a pro-rata refund.

21. Governing law

This Agreement is governed by the laws of Queensland, and the parties submit to the courts of Queensland.