Terms of Service
Last Updated: September 2026
1. THE PARTIES & GENERAL PROVISIONS
These Terms and Conditions govern the provision of services by Green Racks Pty Ltd (ABN 23 696 631 071), located at 11/488 Scarborough Beach Rd, Osborne Park WA 6017. By engaging with our services, the Customer agrees to be bound by these terms.
1.1 Pricing & GST: All prices listed on the website are indicated with an asterisk (*) to denote that they are exclusive of GST unless otherwise stated. Pricing is subject to change upon 30 days’ notice.
1.2 Billing: Services are billed monthly in advance via the Client Portal.
1.3 Late Payment: Failure to remit payment by the due date will result in a late fee of 5% per month. Green Racks reserves the right to suspend all services (including power and network access) immediately upon non-payment without further notice.
1.4 Terms & Cancellation: Minimum terms apply (e.g., 6 months for AI plans; 12 months for Colocation). Cancellation requires 30 days’ written notice. Early termination of a fixed-term contract will incur an “Early Exit Fee” equal to the remaining balance of the contract term.
1.5 Refunds: All refunds are subject to Australian Consumer Law. Beyond statutory guarantees, payments are non-refundable unless a major service failure is proven.
2. ACCEPTABLE USE & PERFORMANCE
2.1 Acceptable Use: Customers shall not use the network for illegal activity, spamming, or DDoS attacks. Crypto-mining is permitted only on designated high-power tiers.
2.2 Uptime Target: We target a 98% uptime. This is a target, not a guarantee. Service credits may be issued at the sole discretion of Green Racks for prolonged outages.
2.3 Maintenance: Planned maintenance windows will be communicated; however, emergency maintenance may occur without notice.
2.4 Liability & Force Majeure: Green Racks’ total liability is capped at the amount paid by the customer in the 3 months preceding the claim. We are not liable for data loss, business interruption, or failures caused by upstream providers or “Acts of God” (Power grid failure, natural disasters).
2.5 Privacy & Sovereignty: Data is hosted in Perth, Australia. While we guarantee the physical location of the data, the customer is responsible for their own encryption and backup protocols. Upon termination, data will be purged after 14 days.
2.6 Disputes: These terms are governed by the laws of Western Australia. All disputes shall be settled in WA courts.
3. WEBSITE & MANAGED HOSTING
3.1 Storage: Basic plans include 10GB. Exceeding this limit will trigger an automatic storage surcharge of $30 per additional 10GB increment, billed monthly.
3.2 Migration: A one-off migration fee of $99 applies. Domains are passed through at cost. The customer retains ownership of the domain, provided renewals are paid in full.
3.3 Backups: We perform Daily backups kept for 14 days. These are “best effort” and do not replace the customer’s legal obligation to maintain their own independent backups.
3.4 Managed Hosting: The $299 one-off fee covers initial environment setup and optimization only. Ongoing changes are billed at remote-hands rates.
4. COLOCATION & DEDICATED INFRASTRUCTURE
4.1 Access: Physical access to the Osborne Park facility is by appointment only. Valid ID is required. All visitors must be escorted by a Green Racks representative. Tour slots are strictly bookable.
4.2 Equipment & Insurance: All customer gear is hosted at the customer’s own risk. Customers must maintain their own insurance for hardware. Green Racks is not liable for hardware failure or accidental damage.
4.3 Power: Power limits are strictly enforced per rack space. Exceeding allocated kW will result in surcharges or immediate power capping to protect facility integrity.
4.4 Remote Hands: Technical support is billed at $75–$110/hr, with a minimum 1-hour billing increment. After-hours rates apply from 6 PM to 8 AM.
4.5 Equipment Removal & Liens: Equipment must be removed within 7 days of contract termination. Important: Green Racks exercises a “General Lien” over all customer equipment; we reserve the right to withhold gear until all outstanding invoices are paid in full.
4.6 Networking: IP addresses are allocated by Green Racks. BGP/Route advertising is subject to a signed Letter of Authorization (LOA).
5. AI HOSTING & SPECIAL OFFERS
5.1 GPU Sharing: “Entry” AI tiers utilize shared GPU resources. We guarantee availability of the model, but not dedicated VRAM or consistent compute cycles.
5.2 Free Colo Offer: The “Free Month of Colocation” is valid only for new customers signing a minimum 12-month term. Limit one per customer. If the contract is terminated early, the value of the free month will be clawed back from the final settlement.
5.3 Certified Products: Products labeled “Selected by Green Racks” are sourced from third-party suppliers. All warranties and returns are handled by the original manufacturer/supplier, not Green Racks.
