1. Who this agreement is with

Your agreement is with Plytron Tech Pty Ltd (ABN 30 702 476 088), a company registered in South Australia at 4/112 Prospect Rd, Prospect SA 5082, Australia, trading as Averonix Host. The same company contracts with every customer in every market we serve, and it is named before payment, on your invoice and in your order confirmation.

We sell into Australia, New Zealand, the United States, Canada, Nepal, India, Pakistan and other Asian markets. Selling into your country does not give you a local contracting party: the agreement is Australian, and the protections your own law gives you apply on top of it rather than instead of it. Section 9 sets out which of those we cannot exclude.

2. Services

We provide the services described in your order, at the resource limits published for the plan at the time of purchase. Plan specifications, including CPU, memory, I/O, process and inode limits, form part of this agreement.

Where a resource is described as unmetered or unlimited, it is subject to the Fair Use Policy, which forms part of these terms.

3. Your account

You are responsible for keeping your account credentials confidential, for the accuracy of the contact details on your account, and for all activity that takes place under it.

We may require identity verification before provisioning, before releasing a domain, or where an order triggers our fraud screening.

4. Payment, renewal and price changes

Services are billed in advance for the term you select. The renewal price is shown at the point of purchase, on your invoice and on your service record, and is the price that applies from your second term.

We may change renewal pricing with notice before the change takes effect. Where a third party such as a domain registry changes its fee, we may pass that change on at your next renewal and will tell you before it applies.

• Invoices are issued in advance of the due date.
• Non-payment leads to a grace period, then suspension, then termination, as set out in section 6.
• Refunds are governed by the Refund Policy.

5. Acceptable use

Your use of the services is governed by the Acceptable Use Policy. Breaching it may result in suspension or termination, and in serious cases in immediate suspension without prior notice.

6. Suspension and termination

We may suspend a service for non-payment after the grace period stated on your invoice, for a confirmed breach of the Acceptable Use Policy, or where continued operation presents a security or legal risk.

Where circumstances allow, we contact you first and give you an opportunity to resolve the issue. Where waiting would cause harm to others, we may act immediately and tell you afterwards.

You may cancel a service at any time from the client area. Cancellation takes effect at the end of the paid term unless you request immediate termination.

7. Your data and where it is stored

You retain ownership of your data. We process it to provide the services, as described in the Privacy Policy and, for business customers, the Data Processing Addendum.

You choose the region your service runs in when you order. We operate servers in Nepal, Australia, India, Singapore, Canada, the United States, France, Germany, Italy, Poland and the United Kingdom. The region you choose determines which country's data-protection law governs your data at rest, and you can see the full list in the Privacy Policy.

On termination, data is retained for the period stated in the Privacy Policy and is then deleted. We strongly recommend keeping your own independent backup of anything business-critical.

8. Service levels

Our service level commitments are set out in the Service Level Agreement. We do not claim uninterrupted or error-free service, and no statement on our website should be read as such a claim.

9. Liability, and rights that cannot be excluded

Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited. That is not a courtesy: in several of the markets we sell into, a term purporting to exclude a statutory guarantee is void, and the guarantee applies regardless of what this agreement says.

In particular, and without limiting the general position above:

• Australia: the consumer guarantees in Part 3-2 of the Australian Consumer Law cannot be excluded, restricted or modified (s 64 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where a service fails to meet a consumer guarantee you may be entitled to a remedy under that Act, and any cap in this agreement does not apply to it.
• New Zealand: the Consumer Guarantees Act 1993 applies where you acquire a service as a consumer. It may only be contracted out of where you acquire the service for the purposes of a business, and then only on the terms s 43 permits.
• France and the European Union: your statutory conformity and withdrawal rights under the Code de la consommation apply in addition to this agreement, and a contract term cannot deprive you of them.
• Singapore: nothing here limits your rights under the Consumer Protection (Fair Trading) Act 2003.
• Canada: provincial and territorial consumer protection legislation applies where you contract as a consumer, and prevails over an inconsistent term.
• Nepal: rights under the Consumer Protection Act, 2075 (2018) apply and are not affected by this agreement.
• India: the Consumer Protection Act 2019 and the E-Commerce Rules 2020 apply, and their remedies cannot be excluded by contract.
• Pakistan: provincial consumer protection legislation applies where you contract as a consumer.

10. The limit that does apply

Subject entirely to section 9, our liability under this agreement is limited as set out below. This limit is read down, not disregarded, where a mandatory statutory right applies.

Placeholder, pending verification: LIABILITY POSITION - TO BE SETTLED BY COUNSEL, INCLUDING CAPS, EXCLUSIONS AND ANY CONSUMER-LAW CARVE-OUTS FOR EACH JURISDICTION

We are not liable for loss of data where you have not kept an independent backup, for loss caused by your own code or configuration, or for the acts of a third party outside our control such as a domain registry or an upstream network.

11. Consumers and businesses

Some clauses apply differently depending on whether you contract as a consumer or in the course of a business. Where this agreement limits a right in a way the law permits only for business customers, that limit applies only if you contracted in the course of a business.

If you are unsure which applies to you, ask before you order and we will confirm it in writing.

12. Changes to these terms

We may update these terms. Material changes are notified in advance, and the version you accepted at the time of purchase is recorded with your order, so a later change never alters what you agreed to.

Where a change materially reduces what you receive, you may cancel before it takes effect and receive a pro-rata refund of the unused paid term.

13. Governing law and where you can bring a claim

This agreement is governed by the law of South Australia and the Commonwealth of Australia, and the courts of South Australia have non-exclusive jurisdiction over any dispute arising from it.

Non-exclusive, and the wording matters. If you contract as a consumer you keep the protection of the mandatory rules of the country where you live, and you may bring proceedings in your local courts wherever your own law gives you that right. A choice of law clause cannot take that away, and this one does not try to.

Placeholder, pending verification: DISPUTE ESCALATION AND ANY ARBITRATION STEP - TO BE CONFIRMED BY COUNSEL