01Introduction and Acceptance of Terms
These Terms of Service (“Terms”) govern your use of the kloude.com website and the services provided by Kloude Technologies, a registered business name of ASK CAPITAL PTY LTD (“Kloude”, “we”, “us” or “our”).
By using our website, placing an order or using our services, you agree to these Terms. If you are accepting on behalf of a business or organisation, you confirm that you are authorised to do so. If you do not agree, please do not use our services.
Review: Confirm how acceptance is recorded at order or account creation (e.g. checkbox at checkout).
02Definitions
- Customer or you means the person or entity that uses or orders our services.
- Services means our digital agency, web development, shared web hosting, VPS hosting and related services.
- Customer Content means any data, files, websites, applications, emails or other material you or your users store, transmit or process using the Services.
- Project Agreement means a separate proposal, quote, statement of work or agreement for digital agency services.
- Subscription means a recurring hosting or VPS service billed on a monthly or annual basis.
03Eligibility and Account Registration
You must be legally capable of entering into a binding contract to use our Services. You must provide accurate, complete and current information and keep it up to date. You are responsible for keeping your account credentials secure and for all activity under your account.
Review: Confirm minimum age, account registration process and any order or identity verification requirements.
04Services Provided
Kloude intends to provide:
- digital agency and web development services;
- shared web hosting managed through the SPanel control panel;
- WordPress-compatible hosting, with application installation through Softaculous; and
- Linux virtual private server (VPS) hosting managed through VirtFusion.
Specific features, specifications and inclusions for each Service are described on our website or in your order or Project Agreement.
05Digital Agency and Development Services
Digital agency, design and development work is provided under a separate Project Agreement that sets out the scope, deliverables, timeframes, fees, payment milestones, and approval process. If there is an inconsistency, the Project Agreement prevails over these Terms for that project, except where these Terms provide rights that cannot be excluded by law.
You are responsible for providing timely feedback, content, approvals and access needed for the project. Changes to agreed scope may require a variation and additional fees.
Review: Confirm standard project terms, including deposits, milestone payments, revision limits, handover and ownership transfer on final payment.
07Virtual Private Server Hosting
VPS plans provide a virtual server with the allocated resources described at the time of order, managed through VirtFusion. Unless otherwise agreed, you are responsible for administering your VPS, including the operating system, software, security configuration, updates and data.
Review: Confirm the level of management or support included with VPS plans, and any root access or operating system limitations.
08Orders, Pricing and Payment
Prices are shown on our website in AUD and/or USD. Hosting and VPS Subscriptions may be offered with monthly or annual billing. Annual billing requires payment for the full 12-month term in advance.
Orders are subject to acceptance, successful payment and verification. We may decline or cancel an order, for example where we suspect fraud or misuse; if we do so, any payment received for that order will be refunded.
Review: Confirm the billing platform and payment processor(s), accepted payment methods, invoicing and overdue payment process.
09Taxes and GST
Applicable GST or other taxes are determined according to your circumstances and Australian law. For Australian consumers, advertised prices will include GST where applicable. Applicable taxes are determined by your billing details at checkout.
Review: Confirm GST registration status and tax treatment for Australian and overseas customers.
10Service Activation and Provisioning
Automatic provisioning. Eligible VPS orders may be provisioned automatically after successful payment and security verification, when automation is available.
Manual activation. Orders requiring manual processing are handled Monday to Friday, 8:00 AM–6:00 PM Canberra time (AEST/AEDT), excluding ACT public holidays. Manual processing may occasionally be available on Saturdays depending on staff availability, but Saturday activation is not guaranteed. There is no scheduled manual provisioning on Sundays.
We do not guarantee instant activation or any specific activation time.
11Renewals and Cancellation
Subscriptions renew at the end of each billing period unless cancelled. You may request cancellation by contacting us at hello@kloude.com.
Review: Confirm whether renewals are automatic, renewal reminder process, cancellation method, cancellation notice period, and whether cancellation takes effect immediately or at the end of the billing period.
12Refunds and Consumer Rights
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or other laws that cannot lawfully be excluded. If our Services fail to meet a consumer guarantee, you may be entitled to a remedy, which may include a refund.
Beyond your statutory rights, any additional refund eligibility will be set out in our refund terms.
Review: Decide whether any voluntary refund or money-back policy will be offered, and its conditions and period.
13Customer Responsibilities
You are responsible for:
- your Customer Content and its compliance with applicable laws, including privacy laws;
- keeping your passwords, accounts, software and applications secure and up to date;
- holding necessary rights and licences for content and software you use;
- maintaining independent copies of important data; and
- complying with these Terms and our Acceptable Use Policy (to be published).
14Acceptable Use
You must not use our Services for unlawful, harmful or abusive purposes, including distributing malware, sending spam, infringing intellectual property, or interfering with our systems or other customers. Detailed rules will be set out in our Acceptable Use Policy (to be published), which forms part of these Terms once published.
15Resource Usage and Fair Use
Shared hosting resources are shared among customers. Use that places unreasonable load on servers or negatively affects other customers may be restricted. We will aim to contact you where reasonably practicable before taking action, except in urgent situations.
Review: Confirm resource limits (e.g. CPU, memory, processes, inodes, email sending limits) and how excessive usage is handled.
16Data, Backups and Customer Content
You retain ownership of your Customer Content. You grant us the rights reasonably necessary to host, store, transmit and back up it in order to provide the Services. We do not routinely monitor Customer Content and are not able to inspect or control all content customers store or process.
Daily backups are part of our intended shared hosting offering. Backups are provided as a convenience and are not a substitute for your own independent backups.
Review: Confirm backup retention, restoration options and any charges; how long data is retained after cancellation or termination; and whether VPS backups are included.
17Suspension and Termination
We may suspend or terminate Services where reasonably necessary, for example for non-payment, a material breach of these Terms or our Acceptable Use Policy (to be published), a security threat, or where required by law. You may terminate your Services in accordance with the Renewals and Cancellation section.
Review: Confirm suspension procedures, notice periods, reinstatement process and data handling after termination.
18Service Availability and Maintenance
We aim to provide reliable Services but do not guarantee that they will be uninterrupted or error-free. Services may be unavailable from time to time due to scheduled maintenance, upgrades, or events outside our reasonable control. We will aim to give reasonable notice of planned maintenance where practicable.
Review: Decide whether any uptime commitment or service level agreement will be offered.
19Support and Response Times
Support enquiries can be sent to hello@kloude.com. Support is generally provided during our business hours, Monday to Friday, 8:00 AM–6:00 PM Canberra time (AEST/AEDT), excluding ACT public holidays. We do not guarantee specific response or resolution times.
Review: Confirm support channels, scope of support and any target response times.
20Intellectual Property
We retain ownership of our website, branding, systems and pre-existing materials. Ownership of deliverables created under a Project Agreement is governed by that agreement. Third-party software and services remain subject to their own licences.
21Third-Party Services
Our Services rely on third-party software and providers, including control panel, application installer, virtualisation and infrastructure providers. Third-party products may be subject to their own terms. We are not responsible for third-party services we do not control, except to the extent required by law.
22Warranties and Disclaimers
To the extent permitted by law, and subject to your rights under the Australian Consumer Law, the Services are provided on the basis described in these Terms and on our website, and we do not give any additional warranties not expressly stated.
23Liability and Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees or any other right or remedy that cannot lawfully be excluded.
To the extent permitted by law, and where liability can be limited, our liability is limited as set out in our final terms.
Review: Obtain legal advice on any limitation of liability, exclusion of indirect loss and compensation caps, ensuring compliance with the Australian Consumer Law and unfair contract terms laws.
24Changes to Services and Terms
We may update these Terms or change our Services from time to time. Updated Terms will be published on this page with a revised “Last updated” date. Where a change materially affects you, we will aim to give reasonable notice.
Review: Confirm notice period and process for material changes to Terms and pricing.
25Governing Law and Disputes
These Terms are governed by the laws of the Australian Capital Territory, Australia. If a dispute arises, please contact us first at hello@kloude.com so we can try to resolve it in good faith.
Review: Confirm governing law, jurisdiction and any dispute resolution process.
26Contact Details
Kloude TechnologiesASK CAPITAL PTY LTD
Level 2, 7 Neptune Street
Phillip ACT 2606
Australia
Email: hello@kloude.com
Website: kloude.com
See also our Privacy Policy.