1. Agreement
These Terms of Service ("Terms") form a legally binding contract between Rack Cove Pty Ltd (ABN 20 688 646 531) ("Rack Cove", "we") and the person or entity ordering or using any Rack Cove service ("Client", "you"). By creating an account, placing an order or using our services you agree to be bound by these Terms.
2. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other mandatory legislation. Where these Terms are inconsistent with those rights, the latter prevail.
3. Services
Rack Cove will provide the dedicated servers, virtual machines, network connectivity and ancillary services (collectively "Services") described in your order confirmation. Equivalent or higher‑spec hardware may be supplied at our discretion.
4. Acceptable Use
You must not use the Services to:
- breach any law or regulation, including copyright law;
- send spam, malware or engage in network abuse;
- host child sexual abuse material or extremist content; or
- interfere with other clients or Rack Cove infrastructure.
5. Billing & Payment
- Services are invoiced monthly in advance unless agreed otherwise in writing.
- Invoices are due seven (7) days from issue. Late balances may incur a 10 % administration fee and suspension.
6. Service‑Level Agreement (SLA)
Rack Cove targets 99.9 % monthly network uptime. Where availability falls below this target you may request a service credit within seven (7) days. Credits are calculated as follows and are the sole remedy for downtime:
| Measured Uptime | Credit |
|---|---|
| < 99.9 % – 99.5 % | 2 % of the monthly fee |
| < 99.5 % – 99.0 % | 5 % of the monthly fee |
| < 99.0 % | 10 % of the monthly fee (capped at A$500) |
6.1 Network Outage Definition
An outage is a continuous ten‑minute period where two external monitors each record either:
- packet loss ≥ 75 % to all of your IPs; or
- BGP reachability loss for all prefixes (only when customer has diverse connectivity).
Outages exclude scheduled maintenance (24 h notice), force‑majeure events, carrier faults outside our control, or issues caused by your hardware or configuration.
7. Support
Engineer assistance is available 24 / 7 via ticket or email. We aim to respond to critical tickets within 30 minutes; however, this is a target not a guarantee.
8. Liability
Subject to Section 2 and to the maximum extent permitted by law, Rack Cove’s aggregate liability in any calendar year is limited to the lesser of (a) the fees paid by you in that year or (b) A$5,000. Indirect, consequential or special loss (including lost profits, revenue, data) is excluded.
9. Term & Termination
Either party may terminate Services on seven (7) days’ written notice. Pre‑paid amounts are non‑refundable unless required under the Australian Consumer Law.
10. Changes
We may modify these Terms by giving 30 days’ notice. Continued use of the Services after that period constitutes acceptance of the revised Terms.
11. Governing Law
These Terms are governed by the laws of Tasmania, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Tasmania.
12. Contact
Email: legal@rackcove.com