Business: DISKMANDOTNET
ABN: 18 209 695 017
Postal Address: PO Box 85, Doncaster, 3108, Victoria, Australia
Email: clientservices@diskman.netPhone: 03 9841 8294

Last Updated: 2 April 2026

These Terms and Conditions set out the basis on which James Demetrie trading as DISKMANDOTNET (DISKMANDOTNET, we, us or our) supplies products and services to our customers.

By ordering, using, renewing, or continuing to use any of our services, you agree to these Terms and Conditions, together with any applicable proposal, quote, service schedule, invoice, Acceptable Use Policy, Privacy Policy, Service Level Agreement, domain registrant agreement, Microsoft services agreement, or other policy or agreement we tell you applies to the relevant service.

Quick summary

These Terms cover how DISKMANDOTNET supplies hosting, domains, Microsoft 365, website support, cloud services, and related technical services. They explain your responsibilities, our responsibilities, billing and renewals, acceptable use, backups, refunds, liability, privacy, and how services can be changed, cancelled, suspended, or terminated.

Contents

1. Who these Terms apply to

These Terms apply to every person, business, or entity that purchases or uses services from DISKMANDOTNET, including through our website, billing portal, support channels, or direct engagement.

2. Definitions

In these Terms:

Account means your customer account with DISKMANDOTNET used for billing, contact details, service management, support, and related administration.

ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Customer, you or your means the person, company, business, or other entity acquiring services from us.

Customer Data means any files, website content, email, databases, software, records, personal information, or other data uploaded to, stored on, transmitted through, or used with the services.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Services means any products or services we supply from time to time, including web hosting, reseller hosting, VPS or cloud services, domain name services, DNS, SSL certificates, Microsoft 365 services, website support, website maintenance, migrations, consulting, and related digital or technical services.

Third-Party Services means products or services supplied by third parties, including registrars, registries, Microsoft, software vendors, cloud platforms, payment providers, data centres, backup providers, and other suppliers we use to deliver or support the services.

3. Orders and acceptance

3.1 An order is accepted when we do any of the following:

  • issue an invoice,
  • accept payment,
  • begin provisioning the service, or
  • confirm the order in writing.

3.2 We may refuse an order acting reasonably, including where:

  • the requested service is unavailable,
  • we reasonably suspect fraud, unlawful activity, or unacceptable risk,
  • required information has not been provided, or
  • your account has overdue amounts owing.

4. Term and renewals

4.1 Services are supplied for the billing period stated in the applicable quote, invoice, order, product listing, or service schedule.

4.2 Unless otherwise stated, recurring services renew automatically for the same billing period until cancelled in accordance with these Terms.

4.3 Some services, including domain names, SSL certificates, Microsoft 365 subscriptions, software licences, and other third-party services, may be subject to fixed terms, minimum terms, vendor renewal rules, or non-cancellable periods.

4.4 It is your responsibility to review renewal notices and cancel services before renewal if you do not want them to continue.

5. Our services

5.1 We will supply the services with reasonable care and skill.

5.2 We may update, modify, suspend, replace, or discontinue features of a service where reasonably necessary for security, legal compliance, operational integrity, supplier changes, product lifecycle changes, or service improvement.

5.3 Some services rely on Third-Party Services and infrastructure outside our control, including internet networks, registries, registrars, cloud providers, software platforms, payment systems, and email delivery networks.

5.4 Where a third-party provider imposes additional terms, policies, technical limits, or pricing changes, those may also apply to the relevant service.

6. Your responsibilities

6.1 You must:

  • provide accurate and current account, billing, contact, and technical information,
  • keep your account details up to date,
  • keep passwords, API keys, MFA factors, and other credentials secure,
  • use the services lawfully and in accordance with these Terms,
  • maintain your own current off-site backups unless we have expressly agreed in writing to provide a managed backup service,
  • ensure your websites, applications, devices, mailboxes, and systems are properly maintained and secured, and
  • promptly notify us if you become aware of any unauthorised access, misuse, security incident, or suspected compromise affecting your account or services.

6.2 You are responsible for all activity carried out using your account or credentials, unless caused by our breach.

6.3 You warrant that you have all rights, licences, permissions, and consents required to use, host, process, store, and transmit your Customer Data using the services.

7. Acceptable use

7.1 You must not use, or allow any person to use, the services:

  • for any unlawful, fraudulent, misleading, or deceptive purpose,
  • to send spam or other unlawful unsolicited communications,
  • to host, distribute, or facilitate malware, ransomware, phishing, or other malicious code,
  • to infringe another person’s intellectual property or other rights,
  • to interfere with the integrity, stability, or security of our systems or any third-party systems,
  • to engage in abusive, threatening, defamatory, or otherwise objectionable conduct, or
  • in a way that creates excessive or unreasonable load inconsistent with the ordinary use of the service.

7.2 We may suspend, restrict, filter, quarantine, or remove content, traffic, processes, or access where reasonably necessary to protect our systems, comply with law, respond to abuse, preserve service stability, or manage security risk.

7.3 Any published Acceptable Use Policy forms part of these Terms.

8. Domain names and third-party registrations

8.1 Domain name services are supplied subject to the rules, policies, and agreements of the relevant registry, registrar, reseller, or licensing authority.

8.2 We do not guarantee that a requested domain name will be available, registrable, renewable, transferable, or free from third-party claims.

8.3 Domain registrations, renewals, transfers, restorations, and amendments are processed on a best-efforts basis and may be delayed, rejected, reversed, or cancelled by the relevant authority or supplier.

8.4 Unless we expressly agree otherwise in writing, you are responsible for ensuring domain contact details, eligibility information, and renewal instructions remain accurate and current.

8.5 Fees for domain names, premium domains, redemptions, restores, registry charges, transfers, and similar third-party registration services are generally non-refundable once the relevant supplier has accepted or processed the transaction, except where required by law.

9. Microsoft 365, software, and cloud subscriptions

9.1 Where we supply Microsoft 365 or any other software or cloud subscription, your use of that service is also subject to the vendor’s applicable product, licensing, and service terms.

9.2 We may act as reseller, intermediary, administrator, or billing agent in relation to those services.

9.3 Vendor pricing, licensing rules, minimum terms, renewal conditions, and product availability may change from time to time.

9.4 Support for Microsoft 365 and similar services is provided on the support basis set out in your proposal, service schedule, agreement, or current support arrangement unless otherwise agreed in writing.

10. Availability, maintenance, and support

10.1 We aim to provide reliable services, but we do not guarantee that services will be uninterrupted, error-free, or continuously available.

10.2 Planned maintenance may be performed from time to time. Where practicable, we will provide reasonable notice of planned maintenance likely to materially affect the service.

10.3 Emergency maintenance may be carried out without prior notice where reasonably necessary.

10.4 Any service levels or uptime commitments only apply where expressly set out in a written Service Level Agreement.

10.5 Support is provided during the support hours and through the support channels we publish or agree with you. Response times are targets only unless expressly stated otherwise in writing.

11. Backups, restores, and data

11.1 Unless we expressly agree otherwise in writing, you remain responsible for maintaining current and recoverable copies of your Customer Data.

11.2 Any backup, snapshot, archive, or restore capability we provide is supplied as a convenience and as part of our broader operational and disaster recovery measures unless we have expressly agreed to a managed backup service with stated retention and restore commitments.

11.3 We do not warrant that any backup, archive, snapshot, or restore point will be complete, current, error-free, or capable of being restored.

11.4 We may charge reasonable fees for ad hoc restore work, data extraction, emergency recovery assistance, or restoration work that is not required because of our breach.

11.5 Following cancellation or termination, Customer Data may be permanently deleted in line with our operational practices, supplier limitations, and legal requirements.

12. Security

12.1 We take reasonable technical and organisational steps to help protect our systems and the services.

12.2 No internet-based service can be guaranteed to be completely secure. You acknowledge the inherent risks of hosting, email, and cloud services, including unauthorised access, malware, denial of service attacks, interception, and data loss.

12.3 Unless we have expressly agreed to manage them, you are responsible for securing your own websites, applications, devices, integrations, user accounts, and endpoints.

13. Fees and billing

13.1 You must pay all applicable fees, charges, usage amounts, third-party pass-through charges, taxes, duties, and government charges relating to the services.

13.2 Unless otherwise stated, all prices are in Australian dollars and inclusive of GST where GST applies.

13.3 Recurring fees are payable in advance. Usage-based charges, ad hoc support, project work, or one-off fees may be billed in arrears or as otherwise stated in the applicable quote, invoice, or service schedule.

13.4 We may require a valid payment method to be kept on file for recurring services.

13.5 If you authorise automatic payments, you authorise us to debit the nominated payment method for recurring charges, renewals, usage fees, overdue amounts, and reasonable reinstatement or recovery charges, subject to law.

13.6 We may change our fees by giving you reasonable prior notice. Changes driven by supplier pricing, registry or licensing authority changes, tax changes, currency movements affecting third-party costs, or urgent compliance requirements may take effect on shorter notice where reasonably necessary.

13.7 You must pay invoices by the due date stated on the invoice.

13.8 If you dispute an invoice, you must notify us promptly and before the due date, giving enough detail for us to review it properly. You must still pay any undisputed amount by the due date.

14. Late payment and suspension

14.1 If an invoice remains unpaid after the due date, we may, acting reasonably:

  • send reminders or final notices,
  • charge reasonable administrative, merchant, recovery, or reinstatement fees actually incurred or specified in our pricing,
  • suspend or restrict affected services,
  • decline new orders or service changes,
  • require future payment in advance, or
  • refer the debt for external recovery.

14.2 We will generally provide notice before suspending services for non-payment unless immediate suspension is reasonably necessary.

14.3 You remain liable for all fees accrued up to the date the relevant services are cancelled or terminated, including any non-cancellable third-party commitments we have incurred on your behalf.

15. Cancellation by you

15.1 You may cancel a service by giving notice through our customer portal, support ticket, email from an authorised contact, or another method we reasonably accept.

15.2 To avoid renewal, cancellation requests must be received before the next renewal or billing date.

15.3 Unless otherwise agreed or required by law, cancellation takes effect at the end of the current billing period.

15.4 Fees already paid are non-refundable except as expressly stated in these Terms or as required by law.

15.5 It is your responsibility to migrate, download, or otherwise secure your Customer Data before cancellation takes effect.

16. Suspension or termination by us

16.1 We may suspend or terminate some or all services immediately or on notice if:

  • you materially breach these Terms or any applicable policy and do not remedy that breach within a reasonable time after notice where the breach is capable of remedy,
  • there is unlawful activity, malware, spam, abuse, or serious security or operational risk,
  • you become insolvent or unable to pay debts as they fall due,
  • we are required to do so by law, regulation, a court, a registry, a supplier, or other competent authority, or
  • amounts due remain unpaid after notice and a reasonable opportunity to pay.

16.2 We may also discontinue a service or end supply on reasonable notice where the service is no longer commercially viable, has been withdrawn by a supplier, or is being replaced.

16.3 Where practicable, we will provide reasonable notice before terminating for convenience or service discontinuance.

17. Refunds

17.1 Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the ACL or any other law that cannot lawfully be excluded, restricted, or modified.

17.2 Subject to clause 17.1, fees for the following are generally non-refundable once provisioned, issued, registered, committed, or performed:

  • domain names and related registry or registrar charges,
  • SSL certificates,
  • software licences,
  • Microsoft 365 and other vendor subscriptions already committed for the applicable term,
  • migrations or professional services already performed, and
  • custom development, website work, or project work already performed.

17.3 If a recurring hosting service is cancelled by you for convenience, we may, acting reasonably, provide a pro rata refund, account credit, or no refund depending on the service type, billing period, costs already incurred, and any published refund policy.

17.4 If the ACL applies and there is a major failure, or another remedy is required by law, we will provide the remedy required by law.

18. Consumer guarantees and statutory rights

18.1 Our services come with guarantees that cannot be excluded under the ACL.

18.2 For major failures with services, you may be entitled:

  • to cancel your service contract with us, and
  • to a refund for the unused portion, or compensation for its reduced value.

18.3 You may also be entitled to compensation for reasonably foreseeable loss or damage resulting from a failure that is not a major failure.

18.4 If the failure does not amount to a major failure, you may be entitled to have the failure rectified within a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the service.

18.5 To the extent permitted by law, where a statutory guarantee or condition may be lawfully limited for services not ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

19. Liability

19.1 Nothing in these Terms excludes, restricts, or modifies liability for:

  • death or personal injury caused by negligence where liability cannot lawfully be excluded,
  • fraud or fraudulent misrepresentation,
  • wilful misconduct, or
  • any liability that cannot lawfully be excluded or limited.

19.2 Subject to clause 19.1, we are not liable for any indirect, incidental, special, exemplary, or consequential loss, including loss of profit, revenue, business opportunity, anticipated savings, goodwill, or data, except to the extent recoverable under the ACL or another law that cannot lawfully be excluded.

19.3 Subject to clauses 17, 18, and 19.1, and to the maximum extent permitted by law, our aggregate liability arising out of or in connection with the services is limited to the total amount paid by you to us for the affected service during the 12 months before the event giving rise to the claim.

19.4 This clause applies whether a claim arises in contract, tort including negligence, statute, equity, or otherwise.

20. Indemnity

20.1 You indemnify us against claims, losses, liabilities, costs, and expenses reasonably incurred by us arising from:

  • your unlawful use of the services,
  • your breach of these Terms,
  • your infringement of another person’s rights, or
  • content or data supplied by you,

except to the extent caused or contributed to by our breach, negligence, or wilful misconduct.

21. Privacy and data protection

21.1 We handle Personal Information in accordance with our Privacy Policy and applicable privacy law.

21.2 You acknowledge that we may collect, use, disclose, and store account, billing, technical, and service information for the purposes of supplying services, administering accounts, preventing fraud, providing support, complying with legal obligations, and improving our services.

21.3 You are responsible for ensuring you have all required notices, consents, and legal authority for any Personal Information you upload to or process using the services.

21.4 Where required by applicable law, we will notify you of eligible data breaches or other notifiable security incidents affecting Personal Information in accordance with our legal obligations.

21.5 Depending on the service design or third-party supplier involved, data may be stored or processed in Australia or overseas.

22. Intellectual property

22.1 We or our licensors retain ownership of all intellectual property rights in our systems, platforms, processes, software, templates, tools, documentation, and materials, excluding Customer Data.

22.2 You retain ownership of your Customer Data and your pre-existing intellectual property.

22.3 You grant us a non-exclusive licence to host, copy, transmit, process, back up, and otherwise use Customer Data to the extent reasonably necessary to supply, support, secure, and improve the services and to comply with law.

22.4 Unless otherwise agreed in writing, all intellectual property in custom development, website work, configurations, scripts, and related deliverables created by us remains our property until all applicable amounts have been paid in full. Once paid, ownership or licence rights will be as set out in the applicable proposal, quote, or agreement.

23. Communications and marketing

23.1 You agree that we may send you service notices, billing notices, renewal notices, security notices, legal notices, and other communications necessary to administer the services.

23.2 We may send marketing communications where permitted by law. You may opt out of marketing communications at any time, but service-related communications will still be sent where necessary.

23.3 Unless otherwise agreed in writing, we may identify you as a customer and refer to your business name or publicly accessible website in our marketing material, portfolio, or customer list. If you do not want this, let us know in writing and we will stop future use within a reasonable time.

24. Changes to services and Terms

24.1 We may update these Terms from time to time.

24.2 We will publish the current version on our website and, where a change is material, provide reasonable notice by email, portal notice, invoice notice, website notice, or another reasonable method.

24.3 Changes take effect from the date stated in the notice or, if no date is stated, from publication.

24.4 If you do not agree with a material change, you may cancel the affected recurring service before the change takes effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

25. Force majeure

25.1 We are not liable for delay or failure to perform to the extent caused by events beyond our reasonable control, including natural disasters, fire, pandemic, cyberattack, war, terrorism, civil disorder, labour disputes, supplier failure, utility failure, telecommunications outage, internet disruption, data centre incident, or government action.

26. General

26.1 These Terms are governed by the laws of Victoria, Australia.

26.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.

26.3 If any provision of these Terms is invalid, illegal, or unenforceable, it is severed to the extent necessary and the remaining provisions continue in full force.

26.4 A failure or delay by either party to exercise a right does not operate as a waiver.

26.5 These Terms, together with the documents expressly incorporated into them, form the entire agreement between the parties in relation to the services and supersede prior discussions, representations, and agreements relating to the same subject matter.

26.6 You must not assign or transfer your rights or obligations under these Terms without our prior written consent, not to be unreasonably withheld. We may assign or novate these Terms as part of a business sale, restructure, or transfer of the relevant services.

Contact us

If you have any questions about these Terms and Conditions, please contact DISKMANDOTNET at clientservices@diskman.net.