Terms and Conditions

Effective Date: 24/02/2026.
Company Name: Kray
Website: https://portal.kray.net.au/
Contact Email: sam@kray.com.au

1. Introduction

These Terms and Conditions ("Terms") govern your use of the services provided by [Your Company Name] ("Company", "we", "our", "us"), including:

• Domain name registration and management
• Web hosting services
• Email hosting services
• Custom CMS development
• eCommerce / eShop development and hosting
• Related technical services

By using our services, you agree to be bound by these Terms.

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services.

3. Account Registration

You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your login credentials
• Notify us immediately of unauthorized access

You are responsible for all activities under your account.

4. Services

4.1 Domain Registration

• Domain registrations are subject to availability and registry approval.
• You agree to comply with ICANN policies and registry rules.
• We are not responsible for domain suspension due to inaccurate WHOIS information.
• Domain renewals are your responsibility unless auto-renewal is enabled.

We do not guarantee approval or continued availability of any domain name.

4.2 Web Hosting & Email Hosting

We agree to:

• Provide hosting infrastructure with commercially reasonable uptime.
• Maintain server security measures.

You agree not to:

• Host illegal content
• Distribute malware or spam
• Violate intellectual property rights
• Use excessive server resources beyond agreed limits

We reserve the right to suspend services for violations.

4.3 Custom CMS & eCommerce Development

For custom-built systems:

• Scope of work will be defined in a separate agreement or invoice.
• Delivery timelines depend on client cooperation.
• Client must provide required materials and feedback on time.
• Intellectual property ownership will be defined in the project agreement.

Unless otherwise agreed, full ownership transfers after full payment.

5. Fees and Payment

• All fees are listed in AUD (Australian Dollars).
• Services are billed in advance unless agreed otherwise.
• Late payments may result in suspension or termination.
• Taxes are the responsibility of the client unless stated otherwise.
• Setup and development fees are non-refundable unless specified.

6. Refund Policy

• Domain registrations and renewals are generally non-refundable.
• Hosting refunds (if any) are subject to our refund policy.
• Custom development services are non-refundable once work has begun.

7. Acceptable Use Policy

You may not use our services to:

• Violate any law or regulation
• Infringe intellectual property rights
• Send unsolicited bulk emails (spam)
• Host phishing, fraud, or deceptive content
• Distribute viruses or malicious software

We reserve the right to investigate violations and suspend accounts immediately.

8. Backups

Clients are responsible for maintaining their own backups unless a managed backup service is purchased - we keep the last 6 months of data backups.

We are not liable for data loss unless caused by proven gross negligence.

9. Service Availability

We aim for high uptime but do not guarantee uninterrupted service. Scheduled maintenance or force majeure events may cause temporary downtime.

We are not liable for:

• Internet outages
• Third-party service failures
• Registry failures
• Acts of God
• Cyberattacks beyond reasonable control

10. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.
• Our total liability shall not exceed the amount paid by you for the service in the preceding 12 months.

11. Indemnification

You agree to indemnify and hold harmless the Company from claims, damages, losses, and expenses arising from:

• Your misuse of services
• Violation of these Terms
• Infringement of third-party rights

12. Termination

We may suspend or terminate services if:

• You violate these Terms
• Payment is overdue
• Required by law

Upon termination:

• Outstanding fees remain payable.
• We may delete hosted data after a reasonable retention period.

13. Intellectual Property

• We retain ownership of our infrastructure, software, and proprietary tools.
• Clients retain ownership of their website content.
• Custom-developed software ownership depends on the service agreement.

14. Confidentiality

Both parties agree to keep confidential information private and not disclose it without consent unless required by law.

15. Data Protection

Use of personal data is governed by our Privacy Policy.

Clients using hosting or eCommerce services are responsible for compliance with data protection laws applicable to their customers.

16. Force Majeure

We are not responsible for failure to perform due to events beyond our reasonable control.

17. Governing Law

These Terms shall be governed by the laws of:

• New South Wales, Australia

Any disputes shall be resolved in the courts of that jurisdiction.

18. Changes to Terms

We may update these Terms at any time. Continued use of services after changes constitutes acceptance of the updated Terms.

19. Contact Information

Kray
Unit 423 / 83 Campbell Street,
Wollongong NSW 2500 AU.

Email: sam@kray.com.au

Phone: 02 4202 6029