Cloud Service Terms

Last updated: 1 March 2026

These Cloud Service Terms apply to cloud hosting, virtual servers, data storage, backup, disaster recovery, hosted applications and related services supplied by Cloud Remedy.

These Cloud Service Terms operate together with our Terms of Trade, Privacy Policy, quotations, proposals, service descriptions and any separately signed agreement.

1. Scope of Services

Cloud Services may include:

• cloud hosting;
• virtual private servers and virtual machines;
• hosted desktops and applications;
• email and collaboration services;
• data storage;
• backup and recovery services;
• disaster-recovery services;
• cloud security services;
• monitoring and management; and
• related support and infrastructure services.

The precise Services supplied to a Customer will be those identified in the relevant quotation, proposal, order form, invoice or service agreement.

2. Service Availability

Cloud Services rely on interconnected systems and third-party infrastructure, including telecommunications networks, data centres, electricity providers, domain-name services, internet providers, software vendors and cloud-platform providers.

We will use reasonable efforts to provide reliable Services. However, unless a written service-level agreement expressly states otherwise, we do not guarantee that a Service will be uninterrupted, continuously available or error-free.

Planned maintenance, emergency maintenance, security work, upgrades and circumstances outside our reasonable control may affect availability.

3. Customer Responsibilities

The Customer is responsible for:

• providing complete and accurate information;
• ensuring that authorised users comply with these Terms;
• maintaining secure passwords, multifactor authentication and appropriate access controls;
• protecting devices used to access the Services;
• maintaining appropriate internet connectivity;
• maintaining valid software licences and subscriptions;
• following reasonable security and operational instructions;
• promptly notifying us of suspected unauthorised access or security incidents;
• maintaining additional backups where appropriate; and
• ensuring that its use of the Services complies with applicable laws.

4. Customer Data

The Customer retains ownership of its data and content stored within the Services.

The Customer grants Cloud Remedy and its authorised service providers a limited right to host, transmit, copy, back up, process and otherwise handle Customer data only as reasonably necessary to provide, secure, support and administer the Services.

The Customer is responsible for ensuring that it has all necessary rights, permissions and lawful authority to collect, store, use and disclose the data placed within the Services.

5. Customer Content Responsibility

The Customer is solely responsible for the content stored, transmitted, published or processed through the Services.

The Customer must not use the Services to store, distribute or facilitate:

• unlawful, fraudulent or misleading material;
• material that infringes intellectual-property rights;
• malicious code, malware or harmful software;
• unsolicited bulk communications contrary to law;
• material that facilitates unauthorised access to systems;
• material that is defamatory or unlawfully discriminatory; or
• any other content prohibited by applicable law.

If we reasonably believe that Customer content is unlawful, harmful or creates a material risk, we may remove, quarantine, restrict or suspend access to that content or the affected Service.

Where legally permitted and reasonably practicable, we will notify the Customer of such action.

6. Privacy and Personal Information

The Customer remains responsible for determining whether the Customer data contains personal information and for complying with all privacy and data-protection obligations that apply to the Customer.

Cloud Remedy will handle personal information in accordance with its Privacy Policy and applicable Australian privacy law.

The Customer must not instruct us to process personal information unlawfully.

7. Cybersecurity

We use reasonable technical and organisational measures appropriate to the nature of the Services.

However, no cloud platform, network, storage system, backup system or security control can be guaranteed to prevent every cyber incident or data loss.

The Customer acknowledges that risks include:

• hacking and unauthorised access;
• phishing and credential theft;
• malware and ransomware;
• software vulnerabilities;
• misconfiguration;
• user error;
• third-party compromise; and
• telecommunications or infrastructure failure.

The Customer must implement security measures appropriate to its risks, including strong passwords, multifactor authentication, staff awareness, supported software, security updates, endpoint protection and appropriate backup arrangements.

8. Backup Services

A backup Service only applies where it is expressly included in the Customer’s agreed Service.

The scope, frequency, retention period, storage location and restoration arrangements will be those specified in the applicable service description or agreement.

Unless expressly agreed otherwise:

• backup Services do not guarantee that every file or item can be recovered;
• backup retention is limited to the applicable retention period;
• deleted or corrupted data may become unrecoverable after the retention period expires;
• restoration may require additional time and charges; and
• the Customer should maintain additional independent backups of critical data.

The Customer should periodically test its ability to restore important data.

9. Service Suspension

We may suspend or restrict a Cloud Service where:

• an invoice remains unpaid after its due date;
• the Customer breaches these Terms or our Terms of Trade;
• the Service is used unlawfully or contrary to an acceptable-use policy;
• the Service creates a security, operational or legal risk;
• the Service adversely affects other users or infrastructure;
• suspension is required by a supplier, carrier, regulator or law-enforcement authority; or
• immediate action is reasonably required to protect systems, data or users.

Where practicable, we will provide prior notice. We may act immediately where delay could increase the risk of harm.

The Customer remains liable for recurring charges during suspension where third-party resources, licences or infrastructure remain allocated to the Customer.

10. Third-Party Providers

Cloud Services may be delivered using third-party platforms, data centres, telecommunications providers, software vendors, domain providers and infrastructure suppliers.

The Customer acknowledges that:

• third-party terms and acceptable-use policies may apply;
• third parties may change their pricing, products, functionality or service availability;
• third-party outages may affect the Services; and
• we may need to change a supplier or platform to maintain the Services.

We are not responsible for third-party failures outside our reasonable control, except to the extent that liability cannot lawfully be excluded.

11. Maintenance and Changes

We may perform maintenance, install updates, apply security patches, replace infrastructure and make other changes reasonably required to maintain security, performance, compatibility or legal compliance.

Where reasonably practicable, planned maintenance that is likely to cause material disruption will be notified in advance.

Emergency maintenance may be performed without prior notice.

12. Data Location and Overseas Processing

Customer data may be stored or processed in Australia or in another country where a cloud platform, software provider or service supplier operates.

Where reasonably available, information about material overseas hosting arrangements may be provided on request.

The Customer acknowledges that the laws applying to information stored overseas may differ from Australian law.

13. Data Loss

Cloud Remedy will take reasonable care when providing the Services. However, no electronic storage or backup method is completely secure or infallible.

To the maximum extent permitted by law, we are not liable for data loss caused by:

• Customer actions or omissions;
• unauthorised access not caused by our negligence;
• malware, ransomware or phishing;
• third-party system failures;
• telecommunications or power failures;
• unsupported or defective software;
• failure to purchase or maintain an appropriate backup Service; or
• events outside our reasonable control.

14. Limitation of Liability

To the maximum extent permitted by law, Cloud Remedy is not liable for indirect, special, incidental or consequential loss, including loss of profit, revenue, opportunity, goodwill, anticipated savings or business interruption.

To the maximum extent permitted by law, our aggregate liability relating to a Cloud Service is limited to the amount paid by the Customer for the affected Service during the six months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited or excluded.

15. Service Term and Cancellation

The applicable Service term is set out in the relevant quotation, order, invoice or agreement.

Where a minimum term applies, the Customer remains responsible for charges for the minimum term.

Early cancellation may result in an early-termination charge, including remaining recurring charges, unrecovered setup or installation costs, allocated licences, reserved infrastructure and third-party cancellation costs.

Any termination charge will be subject to applicable law and will not operate as a penalty.

16. Data Following Termination

When a Service ends, the Customer is responsible for arranging the transfer or retrieval of its data before the termination date.

We may charge for reasonable migration, export, restoration or professional services required to assist with data retrieval.

After termination, data may be deleted in accordance with our normal retention and decommissioning processes, applicable supplier policies and legal obligations.

Unless otherwise agreed in writing, we do not guarantee that Customer data will remain available after the Service has ended.

17. Changes to Services and Pricing

We may modify a Service where reasonably required because of:

• security or technology changes;
• supplier or licensing changes;
• product discontinuation;
• legal or regulatory requirements;
• capacity or compatibility requirements; or
• changes necessary to maintain service performance.

Pricing may be adjusted in accordance with our Terms of Trade and the applicable Service agreement.

18. Governing Terms

These Cloud Service Terms operate together with:

• our Terms of Trade;
• our Privacy Policy;
• the applicable quotation or proposal;
• the relevant service description; and
• any separately signed agreement.

Our Terms of Trade are available at:

https://cloudremedy.com.au/terms-of-trade/

Our Privacy Policy is available at:

https://cloudremedy.com.au/privacy-policy/

19. Governing Law

These Cloud Service Terms are governed by the laws of New South Wales, Australia.

The parties submit to the courts of New South Wales and any courts entitled to hear appeals from those courts.

20. Contact Details

Cloud Remedy
P.O. Box 77
St Clair NSW 2759
Australia

Email: don@cloudremedy.com.au