Terms of Service
TERMS OF SERVICE
These Terms of Service govern the relationship between Sive.Host and each customer using our services. They set out the general legal terms that apply to our web hosting, cloud computing, server, email, domain, reseller, colocation, and related services.
These Terms of Service must be read together with our Detailed Terms of Service, Acceptable Use Policy, and Privacy Policy. If there is a conflict between these Terms of Service and the Detailed Terms in relation to a specific service, the Detailed Terms will apply to that extent.
Last updated: August 2025
Previous versions: February 2016, July 2014, July 2013, August 2011
1. Introduction
Sive.Host provides web hosting, cloud computing, server, infrastructure, domain, email, and related online services to customers. All services are provided subject to these Terms of Service and any additional policies or service-specific terms that apply.
2. Definitions
In these Terms of Service, capitalised words have defined meanings. Singular words include the plural and vice versa, where the context allows.
| Word | Meaning |
|---|---|
| Agreement | These Terms of Service, the Detailed Terms of Service, the Acceptable Use Policy, the Privacy Policy, and any other applicable service-specific terms incorporated by reference. |
| Customer | Any person, business, trust, partnership, organisation, or legal entity that applies for or uses our services. |
| Customer Data | Any username, password, email address, access credential, configuration detail, or other account information assigned to the Customer in connection with the services. |
| Detailed Terms | The Detailed Terms of Service that supplement these Terms of Service and govern individual services or service categories in greater detail. |
| Services | Any hosting, cloud computing, server, storage, network, domain, email, reseller, colocation, managed service, or related service supplied by Sive.Host. |
| You / Your | The Customer, including any authorised representative acting on behalf of the Customer. |
| We / Us / Our | Sive.Host. |
3. Scope and Order of Precedence
3.1. These Terms of Service govern the general contractual relationship between you and Sive.Host.
3.2. The Detailed Terms supplement these Terms of Service and deal with specific product and service categories in greater detail.
3.3. Unless we expressly state otherwise, if there is a conflict in meaning, the following order of precedence will apply:
- Detailed Terms of Service
- These Terms of Service
- Acceptable Use Policy
- Privacy Policy
- Any additional policy or service-specific document we expressly incorporate by reference
4. Changes to the Terms
4.1. We may amend these Terms of Service, the Detailed Terms, or our related policies from time to time.
4.2. Updated versions will be published on our website or otherwise made available through our official communication channels.
4.3. It is your responsibility to review updated terms and policies from time to time.
4.4. If you continue using the services after an update takes effect, you will be treated as having accepted the updated terms, to the extent permitted by law.
5. Customer Status and Authority
5.1. A Customer may be an individual, company, close corporation, trust, partnership, association, or other recognised legal or commercial entity.
5.2. If any person enters into this Agreement on behalf of another person or entity, that person warrants that they have authority to do so.
5.3. We may request proof of authority, identity, or other supporting documentation at any time.
5.4. If you or your representative provide inaccurate, incomplete, or misleading information, we may treat that as a material breach and may suspend or terminate the services immediately.
6. Commencement and Duration
6.1. Your application for services is an offer to contract with us.
6.2. The Agreement starts when we accept your order and activate the service, or otherwise make the service available to you.
6.3. Automated order confirmations, payment confirmations, or acknowledgements of receipt do not necessarily mean that the Agreement has been concluded.
6.4. The Agreement continues until terminated in accordance with these Terms of Service or the applicable Detailed Terms.
7. Service Fees and Billing
7.1. You must pay all service fees, charges, levies, taxes, usage charges, setup fees, over-usage charges, and any other amounts due for the services by the due date shown on the invoice.
7.2. Services are billed according to the billing cycle, payment frequency, and pricing structure applicable to the selected service.
7.3. We may issue invoices electronically, and by ordering or using our services you agree to receive invoices, notices, statements, and related communications electronically.
7.4. Where applicable, you must maintain a valid payment method or debit arrangement acceptable to us. Rejected or failed payments may attract additional fees.
7.5. We may amend pricing, recurring fees, or service charges by giving notice through our website, Client Area, invoices, email, quotation, or other official communication channels.
7.6. Unless expressly stated otherwise, fees are exclusive of VAT, sales tax, or similar taxes, which remain payable by you where applicable.
8. Late Payment and Overdue Accounts
8.1. If any invoice is not paid by its due date, it becomes overdue immediately.
8.2. If your account is overdue, we may suspend, restrict, disable, refuse renewal of, refuse transfer of, or terminate any affected service.
8.3. We may also charge late payment fees, administrative fees, reinstatement fees, risk fees, or other default-related charges, which may be substantial and may equal or exceed 100% of the overdue invoice amount.
8.4. Suspension or termination does not cancel the debt. You remain responsible for all unpaid amounts and any related legal, administrative, tracing, or collection costs.
9. Refunds
9.1. Refunds are not automatic.
9.2. Unless we expressly state otherwise, amounts already paid are generally non-refundable.
9.3. Refund rights, cancellation rights, money-back periods, service credits, and non-refundable charges are dealt with more fully in the Detailed Terms of Service.
10. Monitoring and Content
10.1. We monitor our infrastructure, systems, platforms, and service environments for operational, security, compliance, and abuse prevention purposes.
10.2. We do not actively approve, adopt, or take responsibility for customer content merely because it is hosted or transmitted using our services.
10.3. If we reasonably believe that content, activity, or communications violate law, our policies, a valid takedown process, or the rights of others, we may investigate and take appropriate action, including removal, suspension, disclosure, restriction, or referral to authorities where required or appropriate.
11. Security
11.1. You are responsible for protecting your Customer Data, including usernames, passwords, API keys, and account access credentials.
11.2. You must notify us promptly if you believe your account, credentials, systems, websites, or mailboxes have been compromised.
11.3. We may take any action we reasonably consider necessary to preserve the security, reliability, and integrity of our infrastructure, services, customers, and reputation.
12. Backups and Disaster Recovery
12.1. You should always keep your own backups of important data.
12.2. Even where backup or managed services are available, we do not guarantee that any backup, retention, recovery, or restoration process will always succeed.
13. Warranties and Service Basis
13.1. We aim to provide services using appropriate facilities, infrastructure, systems, and operational processes.
13.2. Unless we expressly state otherwise in writing, services are provided on an “as is” and “as available” basis.
13.3. To the maximum extent permitted by law, we exclude all warranties not expressly given by us in writing.
14. Intellectual Property
14.1. You retain your rights in your own content, subject to any rights you grant us as necessary to provide the services.
14.2. You do not acquire any rights in our software, systems, network infrastructure, methods, trade marks, branding, designs, documentation, or other intellectual property merely because you use the services.
14.3. You may not use our marks or branding without prior written consent.
15. Suspension and Termination
15.1. We may suspend or terminate any service if you fail to pay amounts due, breach this Agreement, breach our policies, create legal or security risk, misuse the services, or use the services for unlawful, abusive, or prohibited purposes.
15.2. Where circumstances permit, we may give notice before suspension or termination, but we are not obliged to do so where immediate action is reasonably necessary.
15.3. You may terminate a service by following the cancellation method we specify, including through the Client Area or our official support or billing contact channels where applicable.
16. Force Majeure
16.1. We are not responsible for failure or delay caused by events beyond our reasonable control, including natural disasters, fire, flood, civil unrest, war, terrorism, labour disruption, utility failure, government action, upstream outages, or third-party infrastructure failure.
17. Dispute Resolution
17.1. If a dispute arises, the parties should first attempt to resolve it through notice, discussion, and negotiation.
17.2. If negotiation fails, the dispute may proceed to mediation and then arbitration or any other dispute process described in the applicable legal terms.
17.3. Where the law or the applicable terms specify a forum, place, language, or rules for dispute resolution, those will apply.
18. Limitation of Liability
18.1. To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, special, punitive, or economic loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, or business interruption.
18.2. Where liability cannot lawfully be excluded, our liability is limited as set out in the applicable Detailed Terms or service-specific terms.
19. Notices
19.1. We may give notices to you by email, through the Client Area, by invoice message, or through other official communication channels associated with your account.
19.2. You must ensure that your contact details remain accurate and up to date.
19.3. Formal notices to us must be sent using the official contact details we publish from time to time.
20. General
20.1. This Agreement constitutes the full agreement between the parties in relation to the services, subject to any document expressly incorporated by reference.
20.2. If any provision is found to be invalid, illegal, or unenforceable, the remainder of the Agreement will continue in force.
20.3. Any indulgence, delay, or failure by us to enforce a right does not amount to a waiver of that right.
20.4. The law governing this Agreement, and the forum or method for dispute resolution, will be as stated in the applicable legal terms or as required by law.
20.5. Clauses which by their nature should survive termination will continue to apply after termination.