Terms of Service

These Terms of Service ("Agreement") govern the services ("Services") offered by BlueGorilla (ABN 51 837 738 029, PO Box 31, Emerald VIC 3782). They are a legally binding contract between BlueGorilla and you. By signing up, placing an order, clicking "I agree", paying an invoice, or using our Services, you confirm you have read, understood and agree to be bound.

A separate signed Managed Services Agreement (MSA) for dedicated/VPS/consultancy overrides only the inconsistent clauses.

Summary — short version

• Use a strong password + 2FA. You are responsible for actions under your login.
• Uptime targets and credits are in our Service Level Agreement (SLA) — incorporated by reference.
• Pay on time: 7-day grace → suspend + $30 reactivation; 28 days past due → termination + content deletion.
• Your content stays yours. We only get the narrow technical licence needed to host/backup/serve it.
• Domains are governed by auDA Rules (.au) and ICANN RAA (gTLDs) via Dreamscape Networks. Transfers-out honoured on time, no fee.
• Managed Cloudflare DNS: we provision the zone, you toggle orange/grey cloud per record via Client Area DNS tab.
• 30-day MBG on new hosting (domains, SSL, setup, consultancy excluded). 30-day auDA cooling-off on new .au regos.
• Our total aggregate liability for indirect loss is capped at 12 months of fees paid by you for the relevant service.

1. Services we offer

• Shared web hosting (cPanel on WHM).
• Managed WordPress hosting (tuned LSCache, Redis, staging).
• Reseller hosting (WHM reseller + white-label branding).
• Domain name registration/transfer/renewal via Dreamscape Networks.
• Managed Cloudflare DNS (orange/grey cloud per-record toggle in Client Area).
• Email hosting (cPanel Mail, RoundCube, Halon outbound filter).
• Paid add-ons: Dedicated IP, Cloudflare Argo, EV/OV SSL, migration projects, Care Plans, auDA eligibility reviews.
• Consultancy/migration services (by signed scope of work).

2. Account registration

1. Min 18 years, or duly formed Australian entity.
2. You must keep account/billing contact accurate and current.
3. No false details, disposable emails, or stolen cards.
4. Keep credentials confidential and notify us immediately of suspected compromise.

3. Orders, payment, invoices, tax, late fees

• Prices quoted are AUD excl GST (GST applied automatically at 10% for taxable supplies).
• Billing cycles: monthly, quarterly, half-yearly, annual, biennial, triennial per product.
• Renewal invoices issued 14 days before due date. Pay via Visa/MC/Amex (Square), PayPal, or approved EFT.
• Late payment schedule:
  1. Day 0 — due date.
  2. Day +3 — reminder email.
  3. Day +7 — suspension: website/cPanel/SMTP/webmail off. $15 late + $15 reactivation = $30 inc GST.
  4. Day +14 — final notice; .au domains auto-renew per auDA Policy 2.12.
  5. Day +28 — termination, content irreversibly deleted, balance still due.
• Chargebacks: $40 admin fee per incident; account moves to prepay-only. ≥2 chargebacks = termination for cause.
• Debt collection: 7yr retention; balances >45 days may be referred to Australian collection agency. You indemnify all collection costs + commission.

4. Service Level Agreement and credits

Uptime commitments, definitions, exclusions and credit claims are on the SLA page, fully incorporated.

5. Managed Cloudflare DNS terms

1. Scope: (a) zone created at WHM account creation, (b) records from Client Area DNS-tab mirrored to Cloudflare via batch v4 API, (c) per A/AAAA/CNAME record orange/grey-cloud toggle exposed.
2. New A/AAAA records default to orange-cloud. Toggle to grey-cloud anytime, no ticket required.
3. Proxy caveats you accept: origin SSL must be valid (Let's Encrypt auto-provisioned — if you break it, 525/526 errors are NOT SLA downtime). WebSocket/SSE apps may need grey-cloud, which you control. Cloudflare AUP applies to proxied traffic.
4. Bring-your-own Cloudflare: you may point nameservers to a personal Cloudflare account anytime. We export the zone file on written request at no charge.
5. Zones are inside BlueGorilla Cloudflare tenant by default. Named-direct logins are an add-on.
6. Orange-cloud misuse (proxying to hide AUP-violating content) = immediate AUP breach.

6. Domain names

• .au domains: auDA Published Policies apply. You meet eligibility criteria or domain may be suspended/deleted. auDA proof of entitlement must be supplied within 14 days on request.
• gTLDs/ccTLDs: ICANN RAA + individual registry agreement via Dreamscape Networks.
• Registrant contact accuracy is mandatory. Failure to respond to WHOIS verification auto-suspends per regulator.
• 60-day transfer-in lock per ICANN policy.
• Transfer-outs: no fee. EPP/release code released within 2 business days (.au) / 5 calendar days (gTLDs).
• Refunds: 30-day cooling-off on new .au registrations. gTLD AGP 3–5 day window if upstream honours. Renewals/transfers non-refundable once complete.
• Domain pricing changes: 30-day written notice before next renewal invoice.

7. Acceptable Use Policy (AUP)

No using the Services to:

1. Breach any Australian/State law (Copyright 1968, Spam 2003, Crimes 1914, RDA 1975, Sex Discrimination 1984, defamation, Cybercrime 2001).
2. Send SPAM / UCE outbound from our SMTP relays.
3. Host/link/distribute malware, ransomware, crypto-miners, exploit kits, phishing, carder/fraud databases, hacking tools.
4. Host RC-classified material (Classification Act 1995). X 18+ adult content forbidden on shared/reseller plans (Dedicated only).
5. Operate open proxies, open resolvers, Mirai botnet C2, DDoS amplifiers, DNS tunnelling exfiltrators.
6. Violate auDA eligibility by registering .au domains you cannot substantiate.
7. Impersonate BlueGorilla staff, use our brand in typosquat domains, phish our clients or login portal.
8. Run IRC servers, Tor exits/relays/bridges, public VPN/SOCKS on shared/reseller/WP plans — Dedicated/MSA only.
9. Infringe third-party copyright (2-strikes warn + remove; 3rd repeat in 12 months = termination per Part V Division 2AA).

8. Intellectual property

• We retain all rights to BlueGorilla trademarks, logo, domains, portal code, branding, copy, templates, artwork.
• You retain full ownership of your content. You grant us a narrow, non-exclusive, revocable licence to host, execute, cache, replicate backups, serve over networks, and perform DNS resolution — solely to deliver the Services.
• Copyright/DMCA notices (s.116ABA Copyright Act) to copyright@bluegorilla.au.

9. Suspension and termination

9.1 Immediate suspension without notice

• Court order / subpoena / auDA / ICANN / UDRP / valid LEA request.
• Active security: confirmed malware/DDoS, phishing, brute-force compromise, spam run.
• Shared-node stability: sustained resource abuse for 48+ hrs without reachable contact response.

9.2 Termination for cause (14d cure, or immediate where listed)

1. AUP breach causing third-party/reputational harm.
2. ≥2 chargebacks or repeated payment failure.
3. Fraudulent signup, impersonation, stolen card, false identity.
4. Non-compliance with .au registrant verification per auDA.
5. Threat/harassment/abuse of BlueGorilla staff or contractors in any medium.

9.3 You cancel for convenience

Client Area → Services → Manage → Request Cancellation. Cancellation effective END of current paid cycle (no mid-cycle pro-rata refund, except 30-day MBG).

9.4 Post-termination consequences

• cPanel/email/webmail revoked.
• Content (files/db/email) + in-account backups permanently deleted after retention window. Download your data BEFORE cancelling.
• Outstanding invoices remain due.
• Domains stay under your client account for continued management / renewal / transfer-out.

10. Backups and data loss

We take backups (per plan cadence). Backups are a best-effort courtesy. You must also maintain your own off-server backups via cPanel Backup Wizard. We are not liable for loss caused by you, authorised third parties, or beyond our retention window.

11. Warranties, disclaimers, Australian Consumer Law

To the maximum extent permitted by law, Services provided "as is", "as available". Non-excludable consumer guarantees in the ACL (Sch 2 Competition and Consumer Act 2010) continue to apply. Where breach of a non-excludable guarantee occurs, our liability is limited (per s.64A ACL) to resupply, cost of resupply, or SLA-equivalent refund at our election.

12. Money-back guarantee (new customers)

• 30-day MBG on first Shared/WP/Reseller signups (from first invoice date).
• Cancel + open "Money Back Guarantee" ticket within 30 days.
• Excluded: setup fees, SSL, domains (already registered/renewed), consultancy/migration, renewals, upsells, AUP terminated accounts, >50% resource consumption accounts.
• Refund to original payment method within 5 business days.

13. Limitation of liability

1. No party liable for indirect/incidental/consequential loss: lost profits, lost revenue, lost data, business interruption, wasted mgmt time, cost of substitute services. Even if advised of the possibility.
2. BlueGorilla's total aggregate liability under this Agreement in any rolling 12-month period = the total fees actually received from you for the specific Services giving rise to the claim in the 12 months preceding the date the claim first arose.
3. Carve-outs from limits: death/personal injury caused by BlueGorilla negligence; BlueGorilla fraud/fraudulent misrepresentation; ACL non-excludable guarantees.

14. Force majeure

Bushfire, flood, cyclone, pandemic, war/terrorism, riot, strike/lockout, act of god, govt/regulator/auDA/ICANN action, tier-1 carrier failures, sustained large DDoS on upstream out of our control. Prompt notice + mitigation + resume asap.

15. Assignment and subcontracting

You cannot assign without our written consent (not unreasonably withheld for business change of ownership). We may subcontract per Sub-processors in Privacy Policy and remain liable.

16. Dispute resolution

1. Written notice of dispute + remedy sought.
2. Within 10 business days, authorised reps meet (in-person Melbourne at our cost, else video) to negotiate.
3. If not resolved within 30 business days → mediation (VCAT/IAMA mediator nominated if no agreement). Costs split equally.
4. Failure → either party may commence proceedings. Urgent interlocutory relief not barred.

17. Governing law and jurisdiction

State of Victoria, Australia. Courts of Victoria exclusive jurisdiction.

18–21. Communications, entire agreement, severability, survival and contact

• Formal notices by email with delivery receipt or registered post (3 business days deemed). Support tickets != formal notice.
• Entire agreement = these Terms + SLA + Privacy + AUP + current product feature list. Material changes: 30-day banner notice.
• Severability of invalid clauses; survival of payment/IP/liability/confidentiality clauses post-termination.
• Contact: BlueGorilla · PO Box 31 · Emerald VIC 3782 · 1300 844 401 · legal@bluegorilla.au