Terms of Service

Last update: 12/08/2026

This Terms of Service is part of a contract agreement between Hi Tech ITworX Pty Ltd and the client.

(1) Definitions
(1.1) Use of any service provided by Hi Tech ITworX Pty Ltd you agree to the following definition of terms and their meaning as described in this provision, used throughout this Terms of Service.
  • Provider” and “Hi Tech ITworX” and “Hi Tech” refers to Hi Tech ITworX Pty Ltd, 7/64 Sydney Road, Mudgee NSW 2850, Australia (ABN: 38 137 400 161).
  • “Client” refers to the account holder and contact for services supplied by or via the provider.
  • “Users” refers to anyone who uses or accesses the client’s services, content and account such as a member of a public forum provided by the client.
  • “TOS” and “Terms of Service” refers to this document.
  • “Additional agreements” refers to any agreement or contract included, linked to via an internet hyperlink or attached to this TOS including where this TOS is included into as part of a contract.
  • “Hardware Products” refers to physical items supplied by the provider, including but not limited to servers, desktop computers, laptops, hard drives, memory and cables.
  • “Upstream providers” refers to the chain of suppliers of the provider.
  • “TLD” and “TLDs” refers to top level domain. A top level domain (TLD) is the last segment of the domain name. The TLD is the letters immediately following the final dot in an Internet address.
  • “ccTLD” and “ccTLDs” refers to a two-letter top level domain (TLD) specifically designated for a particular country, sovereign state or autonomous territory for use to service their community. .au, .uk, .de, and .cn are all examples of ccTLDs.
  • “gTLD” and “gTLDs” refers to a generic top level domain and is basically any TLD that is not a ccTLD. Previously, gTLDs were limited to being three or more characters; But with the addition of the New gTLD program, there are now also sTLD domains. Examples of gTLDs include .com, .org, and .info.
  • “sTLD” and “sTLDs” refers to a sponsored top level domain and is basically any specialized TLD that has a sponsor representing a specific community served by the domain. The communities involved are based on ethnic, geographical, professional, technical or other theme concepts proposed by private agencies or organizations that establish and enforce rules restricting the eligibility of registrants to use the TLD. Examples are .travel, .aero, .edu, .gov, .museum, .club, .pub, .software, .services etc.
  • “Supplemental Registry Agreement” refers to any applicable policy or agreement required to be agreed to in addition to this TOS for the registration and renewal of certain top level domains and is provided by the adminstrating body or registry for that TLD. This includes ccTLDs, gTLDs, and the new sTLDs as part of the new gTLD program.
  • “Registry” refers to the database of all domain names registered under a certain TLD. A registry operator, also called a NIC or network information center, is responsible for managing this database. They contract with registrars, who are accredited to sell domains under the TLD.
  • “Registrar” refers to a company that is authorized to sell domain names.
  • “Registrant” refers to is a person, organisation, business or company who has registered a domain name through a registrar.
  • “DNS Propagation” refers to the process of updating records in the world wide Domain Name System database. This process can take up to 72 hours to update across the world, but generally is 24 to 48 hours.
(2) Acceptance

(2.1) Use of any service or product supplied by Hi Tech ITworX constitutes acceptance of these Terms of Service, provided the Client has been given reasonable notice of the terms before the service is supplied. These Terms of Service may be updated from time to time.

(2.2) Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our products and services. By using our products and services you agree that the provider can use such data in accordance with our privacy policy.

(3) Domains

The client acknowledges that Synergy Wholesale Pty Ltd acts as the preferred registrar for the provider.

(3.1) Client agrees to the (supplemental registry agreement) – auDA registrant agreement as supplied by auDA for all .au domains. For more information regarding .au domains, please visit auDA
(Supplemental registry agreement located via: http://domains.cloud.htw.net.au/agreement/au-registrant-agreement.pdf)

(3.2) Client agrees to the (supplemental registry agreement)ICANN registrant agreement as supplied by ICANN for all domains. For more information regarding gTLD domains, please visit ICANN
(Supplemental registry agreement located via: http://domains.cloud.htw.net.au/agreement/icann-registrant-agreement.pdf)

(3.3) Upon request for registration or renewal of any domains under the new gTLD or sTLD program, the client constitutes acceptance and agreement in addition to this TOS, of any applicable supplemental registry agreement as provided by the applicable registry (administrative body for the gTLD or sTLD). The client acknowledges and agrees they have reviewed all applicable policies and satisfactorily met the obligations and conditions contained in any applicable policy for the client domain request as set out by the applicable registry or administrative body. Such policies shall not alter provisions as set with in this TOS, any included additional agreements and any agreement or contract that this TOS is included as part of.
(Supplemental registry agreement(s) located at the applicable gTLD or sTLD registry’s website)

(3.4) Domains are NOT automatically renewed. The provider requires confirmation to renew a domain along with payment before renewal will take place. The provider’s automated system will send the client an email alert informing you 90 days before an expiration. It is the client’s responsibility to ensure the provider is requested to renew the client’s domain. Failure to request or confirm a domain renewal will result in domain expiry. The provider and upstream providers are not liable for any loss including but not limited to any downtime, loss of business, loss of sales or income or anything related to a domain expiration because of non-renewal; with the exception of where it is shown that the provider has received email advise from the client requesting renewal of the domain. The only acceptable proof that the client has requested a domain to be renewed is an email reply from the provider that such a request has been received.

(3.5) The client is ultimately responsible for their actions, content, users and usage of said domain services. The client agrees that the provider and upstream providers are not responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.

(3.6) The client, being the domain name registrant explicitly confirms that the provider will act as their Designated Agent in the event of any material change to domain name registrant data.

(4) SSL Certificates

(4.1) SSL Certificates are NOT automatically renewed. The provider requires confirmation to renew a SSL Certificate along with payment before renewal will take place. The provider’s automated system will send the client an email alert informing you before an expiration. It is the client’s responsibility to ensure the provider is requested to renew the client’s SSL Certificate. Failure to request or confirm a SSL Certificate renewal will result in SSL Certificate expiry. The provider and upstream providers are not liable for any loss including but not limited to any downtime, loss of business, loss of sales or income or anything related to a SSL Certificate expiration because of non-renewal; with the exception of where it is shown that the provider has received email advise from the client requesting renewal of the SSL Certificate. The only acceptable proof that the client has requested a SSL Certificate to be renewed is an email reply from the provider that such a request has been received.

(4.2) The client is ultimately responsible for their actions, content, users and usage of said SSL Certificate services. The client agrees that the provider and upstream providers are not responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.

(5) Hosting

Hosting services involve multiple third-party components and infrastructure providers. Accordingly, availability, performance, and uptime may be affected by factors outside our reasonable control.

Any service levels, availability targets, or support commitments applicable to hosting services will be set out only in the applicable statement of work, quote or schedule, if agreed.

(5.1) Unless expressly stated in an applicable Statement of Work or Hosting Schedule, we do not provide any service level agreement, uptime guarantee, or availability commitment in relation to hosting services. All hosting services are provided on a reasonable endeavors basis.

(5.2) Payment for hosting services is to be paid upfront and in advance of year or month of hosting. Hosting renewal are to be paid in advance, due at time of renewal. Failure to make payment may result in the client hosting account being suspended and possibly terminated.

(5.3) Hosting accounts are automatically renewed. The provider requires confirmation to cancel a hosting service with a minimum 30 days notice. It is the client’s responsibility to ensure the provider is requested to cancel the client’s hosting service. Failure to request or confirm a hosting service cancellation will result in the client’s hosting service being renewed for the same term. The only acceptable proof that the client has requested a hosting service to be canceled is an email reply from the provider that such a request has been received. On hosting service renewal, the client will be bound and financially obligated for the new term of which the TOS and any included agreements will continue to apply to the new term.

(5.4) The provider’s hosting services are not to include, link to content, or be used for any purpose that contain, promote or involve any of the following:

  • (5.4.1) Any copyright, patent, trademark, or other intellectual property right
  • (5.4.2) Pornography
  • (5.4.3) Threatening, racial, hate or otherwise abusive content
  • (5.4.4) Any use and all content inciting, instructing, or promoting illegal activities
  • (5.4.5) Performing activities of any nature that would be deemed illegal by authorities
  • (5.4.6) Unsolicited emails or Spam
  • (5.4.7) Accessing data not intended for user, or not authorized for user, including user accounts, servers and networks, or attempt to interfere with services to any user, server or network.
  • (5.4.8) Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  • (5.4.9) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting
  • (5.4.10) Internet Relay Chat (IRC) Services, including but not limited to IRC servers, IRC clients, IRC bots, and IRC relays
  • (5.4.11) Resource intensive processes, code, or usage which would affect the performance of a server and network resulting in downtime, availability, or poor performance of services.

(5.5) Use of the provider’s hosting services for any of the above provision as listed in (9.4) constitutes a breach of this agreement.

(5.6) The client is ultimately responsible for their actions, content, users and usage of said hosting services. The client agrees that the provider and upstream providers will not be held responsible or liable in a social and legal capacity for the client’s actions, content, and usage of hosting services and does not represent the provider or upstream providers.

(6) Hardware as a Service (HaaS)

(6.1) All hardware provided under a Hardware as a Service (HaaS) arrangement remains the sole property of Hi Tech ITworX. The service is not a rent-to-own program. At no point does ownership of the hardware transfer to the customer, irrespective of the duration of service or payments made.

(6.2) The customer is granted the right to use the hardware solely for the purposes as originally defined and agreed by Hi Tech ITworX and the customer. The hardware must be used in accordance with Hi Tech ITworX’s usage guidelines and must not be modified, tampered with, or relocated without prior written consent.

(6.3) Hi Tech ITworX will provide maintenance and support for the hardware as specified in either a) the Managed Service Agreement, or b) the scope of work provided as part of the quotation associated with the HaaS. The customer must promptly report any faults, damages, or issues with the hardware to Hi Tech ITworX for resolution.

(6.4) In the event that the customer cancels the HaaS service, the customer is required to return all hardware to Hi Tech ITworX within 14 days of the cancellation date. The hardware must be returned in good working condition, along with all accompanying accessories, including but not limited to cables, mounting equipment, and other ancillary items.

(6.5) Hi Tech ITworX reserves the right to retrieve the hardware if the customer fails to return it within the specified time frame. If the hardware is not returned or is returned in a damaged or incomplete condition, the customer may be charged for repair or replacement costs.

(6.6) The customer is liable for any loss, theft, or damage to the hardware while in their possession, except for issues arising from normal wear and tear.

(6.7) Hi Tech ITworX reserves the right to terminate the agreement and retrieve the hardware if the customer breaches any terms of the Managed Services Agreement.

Below is a list of HaaS examples:

  • Managed Firewalls - Watchguard, Unifi
  • BCDR - Datto BCDR devices
  • Managed SDWAN - SDWAN Devices
  • Managed Switches - Datto, Unifi
  • Managed Wireless APs - Datto, Unifi, TPLink

(7) 3CX Services

(7.1) All 3CX Services are supplied on a 12-month contract minimum.

(7.2) Upgrades to the 3CX Service are available mid-term, but the service cannot be downgraded.

(7.3) Downgrading a 3CX Service can only be completed at the contract renewal time.

(8) Hosted PBX

(8.1) A VOIP compatible handset is required to use Hosted PBX plans.

(8.2) Local, National, and Australian Mobile calls are included.

(8.3) Charges apply for calls to special numbers and international.

(8.4) Leased handsets remain the property of Hosted Network and are entitled to a lifetime warranty / replacement for the life of the service.

(8.5) A Fair Usage Policy applies on calls.

(9) NBN Services

(9.1) NBN Internet is not available in all areas or to all customers.

(9.2) NBN services are provided to the first telephone point in your premises, or the first available port on the NTD, unless otherwise requested.

(9.3) New Development Fee of $300 ex GST will apply if your property is deemed part of a new development.

(9.4) Advertised NBN speeds are theoretical maximum speeds of your NBN service. Speeds will be affected by several things including the distance you are from your nearest node, the number of users on the network, other internal network factors, amongst other things.

(9.5) All services are designed for general internal access only and carry a standard / low class of service. Should a higher class of service be required please speak to your Account Manager.

(9.6) All services are designed for use by a single dedicated customer and are not to be used in situations such as data centers, hospitals, hotels, schools, apartments. Please speak to your Account Manager for pricing on multi customer use services.

(9.7) Direct debit and pre-payment of hardware required for all NBN plans.

(10) Artificial Intelligence (AI)

(10.1) We may use Artificial Intelligence (AI) technologies to enhance or optimise the Services and will comply with applicable data protection laws when doing so. While we implement AI in accordance with industry standards for performance and reliability, we do not guarantee that AI technologies will be error-free or achieve specific outcomes. You agree to use any AI-driven recommendations responsibly and acknowledge that we are not liable for any damages arising from the use or reliance on AI technologies, except in cases of gross negligence or wilful misconduct.

(10.2) Your use of AI tools is entirely your responsibility. You must ensure that no confidential information, personal data, Deliverables, our Intellectual Property, or other information obtained from or through the Services is entered into any AI tool or platform in a manner that could expose it to unauthorised access, disclosure, or reuse. You are responsible for complying with all applicable laws, managing data access and permissions, and assessing any risks or outcomes arising from AI use. We are not liable for any loss, damage, or data exposure arising from your use or misuse of AI tools.