Terms and Conditions

1. About this agreement

“MediaRack”, “we”, “us” and “our” refer to HYM Digital Partners Pty Ltd trading as MediaRack, based in Brisbane, Australia. “Customer”, “you” and “your” refer to the person or organisation ordering or using a service.

If an accepted written quotation, order form or service schedule conflicts with these general terms, the more specific document applies to the extent of that conflict. Nothing in these terms excludes rights or remedies that cannot lawfully be excluded.

2. Services, quotations and orders

MediaRack may provide domain registration and management, shared or WordPress hosting, VPS and cloud hosting, business email, website design, migration, backups, technical support and related digital services.

• A service begins when we accept the order and any required payment, access or information has been provided.
• Features, storage, resources, support scope, project deliverables and timeframes are those stated in the applicable plan, quotation or order.
• Recommendations are based on the information available at the time. Material changes to scope, traffic, software or requirements may require a revised service or fee.
• We may refuse an order where the requested use is unlawful, creates unacceptable technical or security risk, or falls outside the services we can reasonably provide.

3. Accounts, contacts and security

You must provide accurate account, billing and contact information and keep it current. Notices sent to the contact details recorded in your account will be treated as having been sent to the authorised customer contact.

You are responsible for protecting login credentials, using strong unique passwords, enabling available multi-factor authentication and controlling the people authorised to access the account. Tell us promptly if you suspect unauthorised access or compromised credentials.

4. Fees, invoices and payment

You agree to pay the fees, taxes and charges shown in the applicable order, renewal notice, quotation or invoice. Unless stated otherwise:

• fees are payable by the due date on the invoice;
• usage, third-party, licence, registry and excess-resource charges may be passed through to you;
• work outside an agreed scope may require approval and additional fees;
• late or failed payment may result in reminders, restricted service, suspension or termination after reasonable notice where practicable; and
• you remain responsible for charges incurred before cancellation or termination.

Pricing may change for future billing periods. We will provide notice appropriate to the service and circumstances, particularly where a recurring service is affected by supplier, registry, exchange-rate, licensing or infrastructure cost changes.

5. Renewals, cancellation and refunds

Recurring services may renew automatically or require manual renewal, as shown in the order or client area. You are responsible for reviewing renewal notices and ensuring payment and contact details remain current.

You may request cancellation through the MediaRack Client Area or another approved written channel. Cancellation takes effect according to the applicable billing cycle, service terms and any committed minimum period.

Fees already paid are not refundable merely because a service is unused or cancelled part-way through a billing period, except where the applicable order states otherwise or a refund is required by law. Domain, registry, licence, certificate, software and other third-party charges may be non-refundable once ordered or provisioned.

6. Domain-name services

Domain registration, transfer and renewal are subject to availability and the rules of the relevant registry, registrar and domain authority.

• A search result does not guarantee registration until the registry confirms it.
• You must provide accurate registrant information and comply with eligibility and allocation rules.
• You are responsible for reviewing renewal notices and maintaining valid payment and contact details.
• An expired domain may stop resolving and may enter grace, redemption, deletion or third-party acquisition processes. Recovery is not guaranteed and may involve additional fees.
• Registry, registrar, policy or pricing changes may affect the service.

MediaRack will take reasonable care when acting on authorised domain instructions but is not responsible for loss caused by inaccurate customer information, late instructions, unpaid renewals, registry action or circumstances outside our reasonable control.

7. Customer responsibilities

You are responsible for:

• the legality, accuracy, licensing and operation of your content, data, software and business activities;
• maintaining any licences, permissions, consents and regulatory approvals required for your use;
• keeping applications, plugins, themes and credentials secure where maintenance is not included in a managed service;
• monitoring usage and selecting resources appropriate to the workload;
• testing changes and maintaining independent copies of important data where appropriate; and
• cooperating with reasonable security, migration, support and abuse-investigation requests.

You must not misrepresent your identity, interfere with other customers or systems, or use a service in a way that damages MediaRack, its suppliers or third parties.

8. Acceptable use

You must not use a MediaRack service to create, host, store, transmit or facilitate:

• unlawful activity or content;
• malware, phishing, credential theft, unauthorised access, denial-of-service activity or exploitation of security vulnerabilities;
• copyright, trade mark, privacy or other rights infringement;
• harassment, threats, fraud, deception or impersonation;
• unsolicited bulk messages, address harvesting or abusive email practices;
• open relays, open proxies, botnets, cryptomining or resource-intensive activity not approved for the service; or
• activity that disrupts infrastructure, degrades other customers’ services or exposes MediaRack or a supplier to material risk.

We may investigate suspected misuse and take reasonable protective action, including filtering traffic, isolating systems, disabling compromised components or suspending a service.

9. Email and messaging services

Standard business mailboxes are not intended for unsolicited or high-volume bulk sending. If you send marketing or automated messages, you are responsible for consent, sender identification, unsubscribe handling, applicable laws, provider policies and recipient-system requirements.

Delivery cannot be guaranteed because it depends on sender reputation, message content, authentication, recipient policies, blocklists, third-party networks and other factors outside MediaRack’s control. We may restrict sending that threatens platform reputation, security or availability.

10. Self-managed, supported and managed services

Responsibilities vary according to the selected service:

• Self-managed: you administer the operating system, applications, configuration, security, updates, monitoring and recovery unless a task is separately agreed.
• Supported: MediaRack assists with specified configuration or technical tasks while you retain day-to-day responsibility for the environment.
• Managed: MediaRack performs the management tasks expressly included in the plan or quotation. Anything outside that scope remains your responsibility or may be quoted separately.

Managed does not mean that every application, customisation, third-party integration, security event or recovery task is automatically included. The written service scope controls.

11. Backups, restoration and customer data

Backup frequency, retention, coverage and restoration assistance depend on the selected service and written scope. Unless expressly included, you remain responsible for maintaining appropriate independent copies of important data.

Backups can fail or be incomplete because of corruption, software behaviour, storage failure, configuration, account compromise or other causes. You should not treat a single backup system as the only copy of critical information. Restoration work, data transfer and third-party storage may incur fees where not included.

When a service ends, access to data may cease and stored data may be deleted according to operational and supplier retention processes. Export any required information before cancellation or expiry.

12. Availability, maintenance and changes

MediaRack aims to provide reliable services, but no internet or technology service is uninterrupted or error-free. Planned maintenance, emergency work, attacks, faults, upstream networks, registries, cloud platforms and events outside reasonable control may affect availability.

Any service-level commitment applies only if expressly stated in the applicable plan or written agreement. We may make reasonable technical or supplier changes to maintain security, compliance, supportability or performance. Where practicable, we will give notice of changes likely to materially affect your use.

13. Third-party products and providers

Some services depend on third-party software, licences, registries, data centres, cloud platforms, payment providers and communications networks. Their terms, availability, pricing, support lifecycle and policies may apply in addition to these terms.

MediaRack is not responsible for a third party’s acts, omissions or changes beyond our reasonable control. We may help coordinate or troubleshoot an issue, but this does not make MediaRack the provider of the underlying third-party product.

14. Intellectual property

You retain ownership of content and materials you supply. You grant MediaRack the permissions reasonably necessary to host, copy, process, modify or transmit those materials solely to provide and support the authorised services.

Ownership and licensing of website designs, source files, templates, software, stock assets and custom development are governed by the applicable quotation or project agreement. Third-party components remain subject to their own licences. Unless otherwise agreed, MediaRack retains ownership of its pre-existing tools, methods, templates and know-how.

15. Suspension and termination

MediaRack may suspend or terminate a service where reasonably necessary because of non-payment, unlawful or abusive use, a serious security risk, breach of these terms, supplier or registry direction, or a legal requirement.

Where circumstances permit, we will provide notice and a reasonable opportunity to remedy the issue. Immediate action may be necessary to protect systems, customers, third parties or service reputation. Suspension does not remove charges that continue under the service order.

16. Consumer rights and limitation of liability

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law or another law where doing so would be unlawful.

To the maximum extent permitted by law, MediaRack excludes implied terms that may lawfully be excluded. Where liability for a failure to comply with a non-excludable guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the services or paying the reasonable cost of having them supplied again.

To the maximum extent permitted by law, MediaRack is not liable for indirect, incidental, special or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings, or loss arising from customer configuration, unauthorised access, unsupported software, third-party services or events outside our reasonable control.

Any other aggregate liability arising from a service is limited to the fees paid for that affected service during the six months immediately before the event giving rise to the claim, except where a different limitation is required by law or expressly stated in a written agreement.

17. General terms

• Contracting entity: HYM Digital Partners Pty Ltd trading as MediaRack.
• Privacy: personal information is handled as described in our Privacy Policy.
• Notices: notices may be delivered through the client area, email or another recorded account channel.
• Assignment: you may not transfer the agreement without our written consent. MediaRack may transfer it as part of a business restructure or sale, subject to applicable law.
• Severability: if part of these terms is unenforceable, the remaining provisions continue.
• No waiver: delay in enforcing a right does not waive that right.
• Governing law: these terms are governed by the laws of Queensland, Australia, and the parties submit to the courts with jurisdiction there.

Questions about these terms can be submitted through the MediaRack contact page or by calling 0480 192 076.