SmallHost Co Terms and Conditions

Terms of Service

Effective date: 7 September 2026

Draft: replace every item in square brackets before publishing. This document assumes that Smallhost operates from Australia.

These Terms of Service apply to services supplied by Tensai Labs, trading as Smallhost Co. (Smallhost, we, us), ABN 16 435 781 797, of Parcel Collect 90, PERTH TAS 7300.

By creating an account, placing an order, or using our services, you agree to these terms. If you use the services for a business or another person, you confirm that you have authority to accept these terms for them.

1. Our services

We provide the hosting, domain, support, and related services described on our website, order form, or invoice. The features, limits, billing period, and price shown when you order form part of your agreement with us.

We may use third-party infrastructure and suppliers to provide a service. A third-party product may also have its own terms, which we will identify where relevant.

2. Accounts

You must give us accurate and current account, contact, and billing information. You are responsible for activity carried out through your account and for keeping your password and other access credentials secure.

Tell us promptly if you believe your account or service has been accessed without permission. We may ask you to verify your identity before changing account details or providing access.

You must be at least 18 years old and able to enter into a binding agreement to open an account.

3. Orders and activation

An order is subject to acceptance, payment, fraud checks, and any technical or supplier requirements. We may decline or cancel an order before activation and will refund amounts paid for a service we do not provide.

Activation times are estimates unless we expressly agree to a particular time. Some services, including domain registrations and transfers, depend on third parties and may take longer.

4. Fees, renewals, and taxes

You must pay the fees shown when you order or renew a service. Prices are in USD and include GST unless stated otherwise.

Services may renew automatically when this is disclosed during checkout or in the client area. You authorise us or our payment provider to charge the saved payment method for an automatic renewal. You can turn off automatic renewal or cancel before the next renewal date through the client area or by contacting us.

We may change a price for a future billing period. We will give reasonable advance notice and the new price will not apply before the next renewal unless you agree otherwise.

If payment is late, fails, or is reversed, we may suspend the affected service after giving notice where practical. You remain responsible for fees incurred before cancellation or termination.

5. Cancellations and refunds

You may request cancellation through the client area or by contacting support. Unless the order page states otherwise, cancellation takes effect at the end of the current paid billing period. You should export any data you need before the service ends.

Prepaid fees are not refundable merely because you change your mind or stop using a service. This does not limit any refund, re-supply, cancellation, or compensation right you have under the Australian Consumer Law or another law that cannot be excluded.

Domain registration, renewal, transfer, licence, certificate, and other third-party fees may be non-refundable once the third party has processed the order, except where the law requires otherwise.

6. Acceptable use

You must not use, or allow anyone else to use, a service to:

• break any applicable law or encourage unlawful conduct;
• infringe intellectual property, privacy, confidentiality, or other rights;
• send spam, phishing messages, malware, or other harmful material;
• attack, scan, disrupt, or gain unauthorised access to any system or network;
• host or distribute material involving child sexual abuse or exploitation;
• impersonate another person or misrepresent the source of content;
• interfere with other customers or use resources in a way that materially harms the service; or
• avoid service limits, security controls, or billing measures.

You are responsible for your content and for having the rights and permissions needed to use it. We do not routinely monitor customer content, but we may investigate suspected misuse and respond to valid legal or abuse reports.

7. Resource use

You must stay within the limits stated for your plan. If use creates a security risk, materially affects other customers, or is far outside the ordinary use of the plan, we may ask you to reduce it or move to a more suitable service.

Where practical, we will contact you and allow a reasonable opportunity to fix the issue. We may act immediately where necessary to protect customers, systems, or networks.

8. Security and software

You are responsible for securing your applications, devices, credentials, and content. This includes applying updates, using suitable passwords, controlling user access, and removing software you no longer use.

You must not share private keys, passwords, or other credentials with support unless we specifically request a secure method for doing so.

9. Backups and customer data

Any backup service included with a plan will be described in that plan. Unless we expressly agree otherwise, you remain responsible for keeping an independent and current copy of important data.

Backups can fail or be incomplete. You should test your own recovery process. A backup feature is not an archive service.

When a service ends, access may stop and associated data may be deleted. Export your data before cancellation or expiry. We may retain limited records or backup copies where reasonably necessary for security, dispute handling, accounting, or legal compliance.

10. Domains and third-party services

Domain names are subject to registry and registrar rules. Registration or renewal is not guaranteed until the relevant registry confirms it. You are responsible for keeping registrant details accurate and renewing before expiry.

We are not responsible for a third party refusing, suspending, transferring, or cancelling a product where that action is permitted by its rules or required by law. We will provide reasonable assistance with issues involving a supplier we selected.

11. Availability and maintenance

We take reasonable care in providing the services. Hosting and internet services can still be interrupted by maintenance, faults, attacks, upstream providers, and events outside our reasonable control.

We may carry out scheduled or emergency maintenance. We will give notice of planned work where practical. We do not promise uninterrupted or error-free operation unless a separate service level agreement expressly says so.

12. Suspension and termination

We may suspend or limit a service where reasonably necessary because of non-payment, a breach of these terms, a legal requirement, suspected fraud, an urgent security risk, or material harm to our systems or other customers.

Where practical, we will explain the reason and give you a reasonable opportunity to fix the issue. We may act without advance notice where delay would create a serious risk or prevent us from complying with law.

We may terminate a service for a material or repeated breach that is not fixed within a reasonable time after notice. Either party may also end a service as allowed by its billing and cancellation terms.

13. Intellectual property

You keep ownership of content you upload. You give us a limited licence to store, copy, transmit, back up, and otherwise process that content only as needed to provide and protect the services, comply with law, and enforce these terms.

We and our licensors own the software, website content, branding, and other materials we supply, except for customer content and third-party materials. These terms do not transfer that ownership to you.

14. Privacy

Our Privacy Policy explains how we handle personal information. By using the services, you acknowledge that policy. You must comply with privacy and data protection laws that apply to the personal information you store or process through a service.

15. Consumer rights

Nothing in these terms excludes, restricts, or modifies a guarantee, right, or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

If a service is supplied to you as a consumer, it comes with statutory guarantees. Depending on the circumstances, you may be entitled to cancellation, a refund for an unused portion, re-supply, or compensation where a service has a major failure or does not meet an applicable guarantee.

16. Liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made.

To the extent permitted by law, our total liability arising from an affected service is limited to the fees you paid for that service during the 12 months before the event giving rise to the claim. This limit does not apply to fraud, wilful misconduct, personal injury, or liability that cannot lawfully be limited.

You are responsible for losses reasonably caused by your unlawful use of the services or your material breach of these terms. We will take reasonable steps to reduce any loss we claim.

17. Changes to these terms

We may update these terms to reflect changes to our services, suppliers, security practices, or legal obligations. We will give reasonable notice of a material change. If a material change substantially disadvantages you, you may cancel the affected service before the change takes effect and receive any refund required by law.

The version in effect when you place an order applies until it is replaced following notice under this section.

18. Notices and communication

We may send service notices to the email address on your account or through the client area. You are responsible for keeping your contact details current.

You can contact us through the Smallhost client area, at support@smallhost.co, or at Parcel Collect 90, PERTH TAS 7300.

19. Disputes

Contact us first if you have a concern. We will try to understand the issue and resolve it fairly within a reasonable time.

These terms are governed by the laws of Tasmania, Australia. Each party submits to the courts of that place, subject to any law that gives you the right to bring a claim elsewhere.

20. General

If part of these terms is unlawful or cannot be enforced, the remaining terms continue to apply. A delay in enforcing a right does not waive it.

You may not transfer your agreement without our consent, which we will not unreasonably withhold. We may transfer it as part of a sale or restructure of our business, provided the transfer does not reduce your rights.

These terms, the order details, and any service-specific terms form the agreement between you and us for the service.