skip to the main content area of this page
SunHost Terms and Conditions

Terms and Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by SunHost.com.au (the "Services"). As used in this Agreement, "SunHost.com.au" means SunHost.com.au and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the SunHost.com.au Network site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "SunHost.com.au Site" refers to the Site located at the URL http://www.SunHost.com.au or any other successor Sites owned or maintained by SunHost.com.au.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of the Services

SunHost.com.au provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

  • Client Content

    Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any SunHost.com.au server in connection with Client's use of the Services which:

    1. violate any state, federal or foreign laws or regulations;
    2. infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of SunHost.com.au or any third party;
    3. are defamatory, slanderous or trade libelous;
    4. are threatening or harassing;
    5. are discriminatory based on gender, race, age or promotes hate violate any SunHost.com.au policy posted on the SunHost.com.au site including but not limited to those listed in our Terms of Service (TOS).
    6. contain viruses or other computer programming defects which result in damage to SunHost.com.au or any third party.

  • Bandwidth

    Virtual Private Server (VPS), Dedicated and Colocation Accounts are limited only to port speed. Default port setting is 10 Meg. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server.

Technical Support Boundaries

SunHost.com.au provides a 24x7x365 technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues.

However, SunHost.com.au is not obligated to help CUSTOMER in the installations of new application modules, templates and/or programming languages, and in providing assistance for any errors produced by any applications modified by CUSTOMER previously. We only provide assistance in ensuring any Automated Software Installer/Web Application Installer/ Preinstall Script installed through the control panel interface are installed as directed. We only support Automated Software Installer/Web Application Installer/ Preinstall Script version from control panel. CUSTOMER can request the installation by purchasing custom installation services.

SunHost.com.au also do not provide any third party technical support assistance for any Resellers's immediate customers. Customers of the Reseller should contact the Reseller directly.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

  • Back-up Files and Processing

    Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by SunHost.com.au upon request for a minimal fee; however, SunHost.com.au does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by SunHost.com.au.

  • Termination

    SunHost.com.au reserves the right to refuse service to anyone. SunHost.com.au, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact us here


Payment Obligations

  • Service Fees

    For Monthly Billing Cycle Client

    • By the First of each month, SunHost.com.au shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to SunHost.com.au by no later than 5 days after the specified payment due date. SunHost.com.au shall be entitled to immediately terminate hosting services for Client's failure to make timely payments to SunHost.com.au. Reactivation the hosting services will incur a late payment penalty of 10% from the total fees.

    For Prepaid Billing Cycle Client

    • During your hosting expiry date, our billing system will automatically bill your credit cards on our database and will email you the invoice. You have to ensure that your credit cards have the sufficient balance to cover the hosting fees. For those payment using Paypal or other type of payments where we do not store your credit card, our system will automatically remind you on the payment, and you have to make timely payments before your service expiry date. SunHost.com.au shall be entitled to immediately terminate hosting services for Client's failure to make timely payments to SunHost.com.au. Reactivation the hosting services will incur a late payment penalty of 10% from the total fees.

Late Payments

Any payment not received within five (5) days of the invoice date, will be assessed a late fee of 10% from the total money owed. Customer also shall pay to SunHost.com.au all expenses incurred by SunHost.com.au in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by SunHost.com.au. Late Fees will continue to accrue as long as there is an outstanding balance.


Returned Item Fee

Accounts with returned checks and/or e-checks will be assessed a AUD$30.00 returned item fee.


Domain Names

If Client chooses to register a domain name(s) through SunHost.com.au, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. SunHost.com.au does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.


Client Liability and Indemnification

The parties agree that in no event shall SunHost.com.au be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SunHost.com.au from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must submit a cancellation ticket through our support ticketing system. Email Cancellation is not allowed.

If SunHost.com.au suspends a shared hosting account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from SunHost.com.au and full payment of balances due. A late payment fee will be applied.

If SunHost.com.au disconnects a Dedicated Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within Forty-eight (48) business hours. SunHost.com.au will maintain an archival copy of Client's data files for (5) days after SunHost.com.au disconnects the server.

If a Client terminates their account, SunHost.com.au will disable the server/account the day the client specifies the account is canceled. SunHost.com.au will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold SunHost.com.au harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

30 Days Money Back Guarantee

SunHost.com.au offer 30 days money back guarantee on all prepaid services. During 30 days of usage, if you are not happy with our services, you will get refunded 100% from your total purchase minus the setup fees, any domain registration fees, add-on/upgrade fees and overages.


  • Credit Card: Payments made by Visa, MasterCard, AMEX and Discover
  • PayPal : Any form of PayPal payment. PayPal may charge a small refund fee

The money back guarantee doesn't apply to the checks mailed to us or bank transfer. To get a refund under this scheme, simply create a support ticket in our support system at support.SunHost.com.au with all your ClientID Details before 30 days of signing up

Hosting Add-ons Cancellation and Refund Policy

SunHost.com.au do not provide any refund for any kinds of Add-ons you purchased for your hosting plan. Clients acknowledge that it is their full responsibility for deciding which suitable Add-ons module to purchase. Clients can contact our helpdesSunHost.com.au do not provide any refund for any kinds of Add-ons you purchased for your hosting plan. Clients acknowledge that it is their full responsibility for deciding which suitable Add-ons module to purchase. Clients can contact our helpdesk system at http://SunHost.com.au/support for any advices on Add-on modules.

SPAM Policy

SunHost.com.au does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to SunHost.com.au members. In addition, Internet e-mail sent, or caused to be sent, to or through SunHost.com.au services that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through SunHost.com.au services is unauthorized. Similarly, e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of SunHost.com.au services. SunHost.com.au does not authorize anyone to send e-mail or cause e-mail to be sent to the SunHost.com.au Network that violates SunHost.com.au's Terms and Conditions or SunHost.com.au's Spam Policy. SunHost.com.au reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within SunHost.com.au services. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, SunHost.com.au services. SunHost.com.au's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of SunHost.com.au's rights.

Violations of SunHost.com.au's Terms and Conditions, Service Usage Policy, and Spam Policy, include but is not limited to the following: Using or causing to be used SunHost.com.au's computer systems and services to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available. Receiving responses by any means (email, http, or otherwise) from UCE/UBE (aka spam) sent via any other provider. Being linked to from a website advertised via UCE/UBE (aka spam). Promotion of UCE/UBE (aka spam) services or distributing or encouraging UCE/UBE (aka spam) services or lists of email addresses. Linking to "spamware" or sites promoting "spamware" of any kind. Collecting or distributing email lists for the purpose of facilitating spamming activities. Spamming SunHost.com.au technical support or any other SunHost.com.au email addresses. Excessive cross-posting in forums and/or newsgroups.

Disclaimer of Warranty

THE SERVICES, THE SunHost.com.au SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SunHost.com.au SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SunHost.com.au DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SunHost.com.au SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL SunHost.com.au BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SunHost.com.au SITE OR ANY SunHost.com.au PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SunHost.com.au CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).