These terms apply when you use Bizzly Hosting. Bizzly Hosting is provided by Bizzly Pty Ltd (ABN 58 692 744 022).
Using the service
You must provide accurate account, billing, registrant and contact details, keep your credentials secure, and only use the service for lawful purposes. You are responsible for activity on your account, your servers, your domains, your DNS records, your applications, your data and any users you invite.
You must be legally able to enter into contracts. If you use Bizzly Hosting for a company, trust, partnership, association or other organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, you may be personally responsible for the account and charges.
Orders may depend on payment checks, stock, upstream providers, registry rules, fraud checks or manual approval. We may decline, delay, cancel, suspend or reverse an order where needed to protect the platform, comply with Australian law, comply with registry or provider requirements, or respond to abuse.
We aim to be practical and relaxed about normal customer use. These terms are mainly here so we can deal with overdue billing, abuse, illegal content, security incidents, upstream provider rules and workloads that create problems for other customers.
Hosting, domains and DNS
VPS services are unmanaged unless we agree otherwise in writing. You are responsible for operating system updates, application security, firewall configuration, backups, software licences, content and data stored on your server. Domain registrations, renewals and transfers are also subject to registry, registrar and eligibility rules.
Domain availability, provisioning times, DNS propagation, IP reputation and upstream provider performance can change outside our direct control. We will take reasonable steps to operate the service carefully, but we do not guarantee that every requested domain, IP address, plan, image or location will always be available.
IP addresses, hostnames, routing, DNS infrastructure and platform identifiers are provided for use with the service. They are not sold to you, do not become your property, and may be changed, replaced, filtered, withdrawn or reclaimed where needed for technical, abuse, legal, registry, upstream provider or operational reasons.
You should keep independent backups of anything important. We may take snapshots or backups for operational reasons, but those are not a promise that your data can always be restored. We are not responsible for data loss caused by your software, configuration, credentials, users, operating system changes, malware, deleted files, failed updates or failure to maintain your own backups. Although we have measures in place, we are not responsible for hardware failures resulting in data loss.
Customer content and end users
You retain ownership of content, data, applications and materials you upload, host, transmit or create using the service. You give us the permission needed to host, transmit, back up, process, secure, troubleshoot and otherwise provide the service for that content. You are responsible for your content and for your end users' use of the service, including making sure they follow these terms and applicable law.
We do not control or endorse customer content. We may remove, disable, preserve or disclose content or account information where needed to operate the service, investigate abuse, respond to legal process, protect rights or safety, enforce these terms, or comply with law.
Billing
Prices are shown in Australian dollars unless stated otherwise. VPS plans may be billed by the hour with a monthly cap. Domain registrations, renewals, transfers and other fixed-price items may be charged when approved, submitted to an upstream provider, renewed or otherwise fulfilled. You authorise us and our payment providers to charge your saved payment method for approved charges, invoices, renewals, usage and applicable taxes.
You must tell us promptly if you believe an invoice or charge is incorrect. We may suspend or restrict services for overdue amounts, failed payments, suspected fraud, chargebacks or material breaches of these terms.
If prices change, we will try to give reasonable notice before the change affects an existing recurring service. If you do not want to continue after a price change, you can cancel the affected service before the next billing period starts.
Refunds and cancellations
You can stop using cancellable services at any time through the control panel or by contacting support. Unless required by law or agreed by us in writing, refunds are not provided for consumed VPS usage, provisioned resources, domain registrations, renewals, transfers, registry fees, third-party fees, account credit already spent, or services suspended because of a breach of these terms.
If we make a billing error, duplicate charge you, cannot provide a paid service, or Australian Consumer Law gives you a non-excludable right to a remedy, we will provide the remedy required by law and may provide a refund or account credit where appropriate.
Domain registrations, renewals and transfers usually cannot be cancelled once submitted to the registry or registrar. Cancellations should be requested before the next renewal date where a service renews automatically.
Acceptable use
You must not use the service to break the law, infringe rights, attack or disrupt networks, send spam, run phishing, distribute malware, host child exploitation material, evade abuse controls, scan or test third-party systems without permission, operate botnets, run credential attacks, mine cryptocurrency in a way that harms the platform, overload shared infrastructure, or publish content that creates legal or operational risk for Bizzly.
Email, SMTP, high-risk ports, bulk traffic and unusually intensive workloads may be rate limited, blocked or require approval. We may investigate abuse reports and take urgent action, including filtering traffic, disabling network access, snapshotting relevant logs, suspending services, removing content where technically possible, or terminating accounts.
Do not use the service for copyright infringement, warez, open proxies, open relays, phishing kits, credential harvesting, command-and-control systems, denial-of-service activity, unauthorised scanning, spam, mail bombing, IP spoofing, traffic amplification, harassment, threats, hate content, illegal gambling, scams, fraudulent schemes, illegal drug or weapons activity, or content that creates a serious risk to public safety.
Reasonable web hosting, APIs, development workloads, game servers, small business services, DNS and personal projects are welcome. Resource-heavy uses such as cryptocurrency mining, bulk email, mass scraping, public VPN/proxy services, high-volume streaming, peer-to-peer file sharing, Tor exit nodes, IRC networks or other unusual network services may need prior approval and may be limited if they affect the platform or other customers.
You must only send email to people who have consented to receive it, identify the sender clearly, honour unsubscribe requests, and comply with applicable anti-spam laws. We may limit outbound mail or block SMTP where needed to protect IP reputation or respond to abuse reports.
Automated access, API use, scraping, benchmarking, vulnerability testing, account creation, signups, purchasing, DNS changes, domain checks and control panel activity must not bypass limits, abuse controls, security controls, payment checks or other platform restrictions.
Copyright and infringement notices
We respect intellectual property rights and expect customers to do the same. If you believe content hosted through Bizzly infringes your rights, contact [email protected] with enough detail for us to identify the material, the claimed work, your contact details, your authority to act, and why you believe the use is not authorised.
We may forward infringement notices to the customer, disable access to the material, suspend services, preserve records, ask for more information, or reject notices that are incomplete, abusive, fraudulent, unrelated to Bizzly services, or not made by someone with authority. Customers may contact us if they believe material was removed by mistake or misidentification. Repeat or serious infringement may lead to account termination.
Security responsibilities
We are responsible for the Bizzly control panel, account authentication, billing workflows and the infrastructure we operate. You are responsible for the security of your servers, applications, DNS configuration, SSH keys, passwords, invited users, backups and data. See our Security and Responsible Disclosure page for the detailed shared responsibility model.
Export controls, sanctions and regulated use
You must comply with export control, sanctions, anti-corruption, tax, telecommunications, privacy and other laws that apply to you and your use of the service. You must not use the service where doing so is prohibited by law or would expose Bizzly to unlawful sanctions, export, regulatory or legal risk.
Bizzly Hosting is general-purpose infrastructure. It is not designed for emergency calling, life support, medical devices, aircraft, critical safety systems, or uses where failure could cause death, personal injury or severe environmental damage unless we have agreed to that use in a separate written agreement.
Availability and service credits
We work to keep the platform reliable, but we do not promise uninterrupted service unless a separate written service level agreement applies. Any uptime commitment applies only to the Bizzly-controlled part of the service named in that commitment and does not cover your software, operating system, configuration, firewall rules, suspended services, abuse mitigation, scheduled maintenance, emergency maintenance, upstream providers, registries, third-party networks, denial-of-service attacks or events outside our reasonable control.
Where we offer a service credit, it will be applied as account credit unless we agree otherwise. Service credits are not cash refunds and must be requested within a reasonable time after the incident.
Complaints and disputes
If something goes wrong, contact us first so we can look into it. We will try to acknowledge complaints promptly and work with you in good faith to understand and resolve the issue. Nothing in these terms prevents you from using any external complaint or consumer remedy that is available under Australian law.
Notices and legal process
We may send account, billing, legal, security and service notices electronically, including by email, control panel notification or posting on the website. You are responsible for keeping your contact details current. A notice sent to your last provided email address may be treated as delivered even if that address is no longer valid.
Support, security and abuse contacts are not authorised to accept service of formal legal process unless we say so in writing. Formal legal documents should be directed to Bizzly Pty Ltd using our published company details.
Changes and liability
We may update services, plans, prices, features, providers and these terms from time to time. We will try to give reasonable notice of material changes where practical. Services may be unavailable because of maintenance, incidents, upstream outages, emergency work or events outside our reasonable control.
To the maximum extent permitted by law, Bizzly is not liable for indirect loss, lost profit, lost revenue, lost data, business interruption, reputational loss or consequential damage. Nothing in these terms excludes rights or remedies that cannot be excluded under Australian Consumer Law.
These terms, together with any policies or notices linked from them, form the agreement for Bizzly Hosting. If part of the agreement is unenforceable, the rest continues to apply. If we do not enforce a right immediately, that does not mean we waive it. You may not assign your account or these terms without our consent. We may assign, transfer or subcontract our rights and obligations as part of operating or restructuring the business.
We are not responsible for failure or delay caused by events outside our reasonable control, including natural disasters, power or network failures, upstream provider issues, registry issues, fibre cuts, industrial action, war, terrorism, public health events, denial-of-service attacks, major security incidents, government action or failures of third-party software, hardware or services.
Contact
Questions about these terms, billing or refunds can be sent to [email protected]. Abuse, copyright and acceptable use reports can be sent to [email protected].