Terms of Service

Last updated 01/01/2026

Introduction

Welcome to Cloudsonic Hosting. These Terms of Service (“Terms” or “TOS”) form a binding legal agreement between you (“User”, “you”, “your”) and Cloudsonic Hosting (“Cloudsonic”, “we”, “us”, “our”), a brand operated by Brisbane Agency (ABN: 20 039 689 628) of Yuggera Country, The Gap QLD 4061, Australia.

By accessing or using our websites (cloudsonic.com.au, cloudsonic.eu, cloudsonic.us) or any of our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our websites or services.

These Terms should be read alongside our other policies, which are incorporated by reference and form part of this agreement:

• Privacy Policy
• Cookie Policy
• Acceptable Use Policy (AUP)
• DMCA Policy
• Data Processing Agreement (DPA)

1. Eligibility and Registration

1.1 You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this requirement or otherwise have sufficient legal capacity under the laws of your jurisdiction.

1.2 If you are using our Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. References to “you” in that case include that entity.

1.3 To access most Services, you must register for an account (“Account”). You agree to provide accurate, current, and complete information during registration and to keep that information up to date. Account information is handled in accordance with our Privacy Policy.

1.4 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us immediately via our contact page if you become aware of any unauthorised access to your Account.

1.5 We reserve the right to modify, suspend, or discontinue any part of our Services at any time. Where reasonably practicable, we will provide prior notice of material changes.

2. Our Services

2.1 Cloudsonic provides web hosting, managed WordPress hosting, VPS and cloud server infrastructure, and email hosting services (collectively, the “Services”). Specific features, resource limits, and conditions for each Service are described on our website and in any applicable service documentation.

2.2 We may introduce new services, features, or functionality, or retire existing ones, at our discretion. Where we retire a Service, we will endeavour to provide reasonable notice.

2.3 Our Services are provided on infrastructure hosted in Australia, the European Economic Area, and the United States, depending on the plan and region you select. You consent to your data being stored in the region you choose at signup.

3. Acceptable Use

3.1 Your use of our Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Any breach of the AUP constitutes a breach of these Terms.

3.2 You are solely responsible for all content, data, software, and other materials you store, transmit, or make available through our Services (“Customer Content”). You represent and warrant that your Customer Content and your use of the Services does not violate any applicable law or third-party rights.

3.3 You are responsible for ensuring that your end users comply with these Terms and the AUP. You are liable for the actions of your end users as if they were your own.

4. Intellectual Property

4.1 As between you and Cloudsonic, all intellectual property in our websites, Services, software, and related materials (“Platform IP”) is owned by or licensed to Brisbane Agency. Nothing in these Terms transfers any ownership of Platform IP to you.

4.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Services for your own lawful purposes.

4.3 You retain ownership of your Customer Content. By storing or transmitting Customer Content through our Services, you grant us a limited licence to host, process, and transmit that content solely to provide the Services to you.

4.4 If you provide us with feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you.

4.5 You must not copy, modify, reverse engineer, decompile, or otherwise attempt to extract the source code of any software that forms part of our Services, except to the extent expressly permitted by applicable law.

5. Payments and Billing

5.1 Fees for our Services are set out on our website and may be updated from time to time. By purchasing a Service, you agree to pay all applicable fees.

5.2 Services are billed on a recurring basis (monthly or annually, depending on your selected plan). By providing payment details, you authorise us to charge those fees automatically on each billing cycle.

5.3 You are responsible for providing accurate and current billing information. If a payment fails, we may suspend your Services until outstanding amounts are paid.

5.4 All fees are inclusive of Australian GST where applicable. Customers outside Australia are responsible for any applicable taxes, duties, or levies in their own jurisdiction.

5.5 Refunds. We do not offer automatic refunds upon cancellation. Refund requests are considered on a case-by-case basis at our sole discretion. To request a refund, please contact us with your account details and the reason for your request. Refunds will not be issued for usage-based charges already incurred, setup or migration fees, or where Services have been suspended or terminated due to a breach of these Terms or the AUP.

5.6 We reserve the right to suspend or terminate your Account for non-payment. You will be given reasonable notice before suspension where practicable.

6. Service Availability

6.1 We make reasonable efforts to keep our Services available and performant, but we do not guarantee any specific level of uptime or availability. Our Services are provided on a best-effort basis.

6.2 Scheduled maintenance will be communicated in advance where possible. Emergency maintenance may be performed without prior notice where necessary to protect the integrity or security of our infrastructure.

6.3 We are not liable for any loss or damage resulting from Service unavailability, interruption, or degraded performance, howsoever caused.

7. Data and Backups

7.1 While we may offer backup features as part of certain Services, you are solely responsible for maintaining your own backups of your Customer Content. We do not guarantee that any backup feature will be error-free or that backups will be available at any given time.

7.2 To the fullest extent permitted by law, we are not liable for any loss, corruption, or unavailability of your Customer Content, including as a result of hardware failure, software error, or any other cause.

7.3 Upon termination of your Account, we will delete your Customer Content in accordance with our standard account closure procedures. You are responsible for exporting or retrieving your data before your Account is closed.

8. Confidentiality

8.1 Each party may disclose to the other certain non-public information that is designated as confidential or that reasonably should be understood to be confidential given its nature (“Confidential Information”).

8.2 Each party agrees to keep the other’s Confidential Information confidential and not to disclose it to third parties or use it for any purpose other than as necessary to perform its obligations under these Terms.

8.3 Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or a government authority, provided reasonable prior notice is given to the disclosing party where permitted.

9. Third-Party Services

9.1 Our Services may contain links to or integrations with third-party websites, tools, or services. These are provided for convenience only. We do not endorse, control, or accept responsibility for any third-party services, and your use of them is at your own risk.

9.2 You should review the terms and privacy policies of any third-party services before use.

10. Disclaimers and Warranties

10.1 Our Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 We do not warrant that our Services will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant that any particular result will be achieved through use of our Services.

10.3 Nothing in these Terms is intended to exclude any guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law or other applicable legislation. Where our Services constitute a supply of services to a consumer under the Australian Consumer Law, you may have statutory guarantees that cannot be waived.

11. Limitation of Liability

11.1 To the fullest extent permitted by law, our total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of our Services is limited to the amount you paid us for the Services in the one (1) month immediately preceding the event giving rise to the claim.

11.2 To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, loss of data, loss of goodwill, or business interruption, however caused and regardless of the theory of liability.

11.3 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded under applicable law including the Australian Consumer Law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Brisbane Agency, its officers, employees, contractors, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our Services; (b) your Customer Content; (c) your breach of these Terms or the AUP; (d) any activity by your end users; or (e) your violation of any applicable law or third-party rights.

13. Suspension and Termination

13.1 We may suspend or terminate your access to all or part of our Services at any time if: (a) you breach these Terms or the AUP; (b) you fail to pay fees when due; (c) your use poses a security risk or threatens the integrity of our infrastructure; or (d) we are required to do so by law.

13.2 Where reasonably practicable, we will give you notice before suspension or termination and an opportunity to remedy the breach. In cases of serious or repeated breach, immediate suspension or termination may occur without notice.

13.3 You may cancel your Services at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period, subject to our refund policy in Section 5.5.

13.4 Upon termination, all licences granted to you under these Terms cease immediately. Provisions that by their nature should survive termination will do so, including Sections 4, 7, 8, 10, 11, 12, and 14.

14. Governing Law and Disputes

14.1 These Terms are governed by the laws of Australia. You and Cloudsonic submit to the non-exclusive jurisdiction of the courts of Australia for resolution of any dispute arising out of or in connection with these Terms. Either party may bring proceedings in any court of competent jurisdiction within Australia.

14.2 Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation. Either party may initiate this process by providing written notice to the other describing the nature of the dispute and the resolution sought.

14.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

15. General

15.1 Entire Agreement. These Terms, together with all documents incorporated by reference, constitute the entire agreement between you and Cloudsonic with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

15.2 Modifications. We may update these Terms from time to time. Where changes are material, we will notify you by email or through our Services. Continued use of our Services after the effective date of any update constitutes acceptance of the updated Terms.

15.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time, including in connection with a merger, acquisition, or sale of assets.

15.4 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15.5 Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

15.6 Force Majeure. We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, government action, pandemic, telecommunications or internet outages, or utility failures.

15.7 Relationship of Parties. These Terms do not create any partnership, joint venture, agency, or employment relationship between the parties.

15.8 Notices. Legal notices to us must be sent in writing to Brisbane Agency, Yuggera Country, The Gap QLD 4061, Australia, or via our contact page. We may send notices to you at the email address associated with your Account.

15.9 Electronic Communications. By using our Services, you consent to receiving communications from us electronically. You agree that electronic communications satisfy any legal requirement that communications be in writing.