Hosting Terms and Conditions

These Hosting Terms and Conditions apply whenever CodeBuzzers Technologies provides web hosting, application hosting or related infrastructure services to a client, in addition to and not in place of the general Terms and Conditions. Where the two documents conflict on a hosting-specific matter, these Hosting Terms and Conditions govern.

Hosting services may include server space, bandwidth, email delivery, standard SSL/TLS certificates, and ongoing platform updates for sites and applications CodeBuzzers Technologies hosts on the client’s behalf. The specific services, resource limits and any usage caps for a given engagement are set out in the client’s order or hosting plan.

CodeBuzzers Technologies may host a client’s site or application on its own infrastructure, or on a third-party cloud provider selected at its discretion, unless a specific provider or region has been agreed with the client in writing.

CodeBuzzers Technologies targets 99.9% uptime across a calendar month for hosted services, measured against the hosting infrastructure and excluding factors outside its reasonable control. This is a target, not a guaranteed service level, unless a specific uptime commitment is stated in a signed agreement.

Scheduled maintenance is excluded from uptime calculations. Where practical, scheduled maintenance that may cause downtime is notified to the client at least 24 hours in advance and performed outside Australian business hours.

CodeBuzzers Technologies is not responsible for downtime caused by a third-party service the client’s site depends on, a domain registrar, a DNS provider, an upstream internet outage, a denial-of-service attack, or any other cause reasonably beyond its control.

Where backups are included in a hosting plan, CodeBuzzers Technologies takes them on the schedule stated in that plan and retains a rolling set of recent backups. Backups are a operational safeguard, not a guarantee against data loss, and the client remains responsible for maintaining its own independent copy of any content, media or data that is critical to its business.

Where a client requests restoration from a backup, CodeBuzzers Technologies will restore the most recent backup available and is not liable for data created or changed between that backup and the time of restoration.

Unless CodeBuzzers Technologies has registered or is managing a domain name on the client’s behalf, domain registration, renewal and DNS management remain the client’s responsibility. Where CodeBuzzers Technologies does manage a domain for a client, it will make reasonable efforts to notify the client ahead of a renewal date, but the client remains ultimately responsible for ensuring the domain does not lapse.

Hosting fees are billed in advance on the cycle agreed at the start of the engagement, typically monthly or annually. Services may be suspended if a payment is not received within 14 days of the due date, and reinstated once the account is brought current, subject to a reactivation fee where downtime has caused additional work.

CodeBuzzers Technologies may vary hosting fees for a new billing cycle by giving the client at least 30 days’ written notice. Continued use of the hosting service after a fee change takes effect constitutes acceptance of the new fee.

CodeBuzzers Technologies may suspend or terminate a hosting service, with or without notice where the circumstances require it, where the client is in breach of these terms, the Acceptable Use section below, non-payment beyond the period stated above, or where the hosted content poses a security, legal or operational risk to CodeBuzzers Technologies or its other clients.

Either party may terminate a hosting arrangement on 30 days’ written notice. On termination, CodeBuzzers Technologies will make the client’s data available for export for a period of 30 days, after which it may be permanently deleted.

Hosted sites and applications must not be used to store or distribute unlawful content, distribute malware, send unsolicited bulk email, infringe a third party’s intellectual property, or consume a disproportionate share of shared infrastructure resources to the detriment of other clients. CodeBuzzers Technologies may take reasonable steps, including throttling or suspension, to address a breach of this section.

CodeBuzzers Technologies applies reasonable technical and administrative measures to protect hosted infrastructure, including access controls, monitoring and routine security patching. No hosting environment can be guaranteed completely secure, and the client is responsible for the security of its own account credentials, application-level access controls, and any content it uploads.

The client must notify CodeBuzzers Technologies promptly if it becomes aware of a security incident, unauthorised access, or vulnerability affecting its hosted service.

A client may request migration of its hosted site or application to another provider at any time. CodeBuzzers Technologies will provide reasonable assistance and export the client’s data and configuration where technically practical; migration assistance beyond a standard data export may be billed as additional work under the Re-work, Enhancements/Add-ons and Billing terms of the general Terms and Conditions.

CodeBuzzers Technologies will use reasonable skill and care in providing hosting services but excludes, to the extent permitted by law, any warranty as to uninterrupted or error-free operation. CodeBuzzers Technologies will not be liable for indirect or consequential loss, including loss of revenue, loss of data beyond the backup obligations stated above, or loss of business, arising from the hosting service.

Nothing in these Hosting Terms and Conditions excludes or limits a liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law.

CodeBuzzers Technologies may update these Hosting Terms and Conditions from time to time. Material changes affecting an active hosting client will be notified by email at least 14 days before they take effect.

These Hosting Terms and Conditions are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.