Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you", or "your") and Vexion.

By:

• Creating an account;
• Accessing or using the Services; or
• Clicking "I Agree" or any similar acceptance mechanism,

you acknowledge that you have read, understood, and agree to be bound by these Terms and all Supplemental Policies incorporated by reference.

These Terms are enforceable under the Electronic Transactions Act 1999 (Cth).

If you do not agree, you must immediately cease using the Services.

You represent and warrant that:

• You are at least eighteen (18) years of age;
• You possess full legal capacity to enter into binding contracts;
• You are not prohibited from using the Services under applicable law;
• If acting on behalf of an entity, you have authority to bind that entity.

Vexion may suspend or terminate Services if eligibility requirements are not met.

• "Services" means all hosting, infrastructure, compute, network, storage, control panel, and related services provided by Vexion.
• "Infrastructure" means hardware, software, systems, and networks operated by Vexion or its upstream providers.
• "Customer Content" means all data, software, files, or materials uploaded, stored, transmitted, or processed using the Services.
• "Supplemental Policies" means all policies incorporated under Section 20 of these Terms.

Vexion provides infrastructure services only.

Vexion does not:

• Control Customer Content;
• Assume responsibility for Customer Content;
• Guarantee legality, security, or integrity of Customer Content;
• Guarantee uninterrupted availability of Services.

Customers retain full responsibility and liability for Customer Content.

You are solely responsible for:

• Maintaining confidentiality of credentials;
• All activity conducted under your account;
• Securing your systems and software;
• Preventing unauthorized access.

Vexion is not liable for losses resulting from compromised credentials.

You are solely responsible for:

• All Customer Content;
• Server configuration;
• Data backups;
• Compliance with applicable laws;
• Maintaining security controls.

Vexion is not responsible for Customer Content loss or corruption.

Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Vexion does not guarantee:

• Continuous availability;
• Error-free operation;
• Data preservation;
• Security from unauthorized access.

Service interruptions may occur due to maintenance, hardware failures, network failures, abuse mitigation, or force majeure events.

Vexion may suspend Services immediately and without notice where necessary to:

• Protect infrastructure;
• Prevent abuse;
• Mitigate security threats;
• Comply with legal obligations;
• Protect other customers.

Suspension may occur automatically.

Vexion may terminate Services immediately and without notice where:

• These Terms or Supplemental Policies are violated;
• Abuse or fraud is suspected;
• Payment obligations are not met;
• Legal or operational risk exists.

Termination may result in permanent loss of data.

You acknowledge that data loss may occur.

You are solely responsible for maintaining backups.

Vexion is not liable for:

• Data loss;
• Data corruption;
• Recovery costs.

To the maximum extent permitted by law, Vexion’s total aggregate liability shall not exceed the total fees paid by you during the thirty (30) days preceding the event giving rise to liability.

Vexion shall not be liable for:

• Indirect damages;
• Consequential damages;
• Loss of profits;
• Loss of business;
• Loss of data;
• Service interruptions;
• Third-party failures.

You agree to indemnify, defend, and hold harmless Vexion from any claims arising from:

• Customer Content;
• Use of Services;
• Violations of law;
• Violations of these Terms or Supplemental Policies.

This obligation survives termination.

To the maximum extent permitted by law, Vexion disclaims all warranties, including:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement.

Services may rely on third-party infrastructure providers.

Vexion is not liable for failures caused by third-party providers.

You agree to pay all fees associated with the Services.

Failure to pay may result in suspension or termination.

Chargebacks without valid legal grounds constitute breach of these Terms.

Vexion may recover associated costs.

Vexion may investigate suspected violations.

Vexion may suspend, restrict, or terminate Services to protect infrastructure.

Vexion may cooperate with law enforcement.

Vexion may modify, suspend, or discontinue Services at any time without liability.

Nothing in these Terms excludes rights under the Competition and Consumer Act 2010 (Cth).

Where liability cannot be excluded, Vexion’s liability is limited to:

• Resupply of Services; or
• Payment of resupply cost.

These Terms, together with all Supplemental Policies incorporated by reference, constitute the entire agreement between you and Vexion.

The following policies are incorporated into and form part of these Terms:

• Privacy Policy
• Acceptable Use Policy
• Billing and Subscription Agreement
• Refund Policy
• Abuse and Enforcement Policy
• Infrastructure Usage Policy
• Service Level Agreement
• Data Processing Agreement
• Suspension and Termination Policy
• Copyright and DMCA Policy

By agreeing to these Terms, you agree to all Supplemental Policies.

Vexion is not liable for failures caused by events beyond its control, including natural disasters, cyber attacks, power outages, or government actions.

Vexion may assign these Terms without notice.

You may not assign without written consent.

If any provision is invalid, remaining provisions remain enforceable.

Failure to enforce any provision does not constitute waiver.

The following provisions survive termination:

• Limitation of Liability
• Indemnification
• Payment obligations
• Governing Law

These Terms are governed by the laws of Queensland, Australia.

You submit to the exclusive jurisdiction of Queensland courts.

New Horizon Code PTY LTD (ABN: 61 634 659 804) trading as Vexion

Suite 121 Level 14, 167 Eagle St

Brisbane QLD 4000

Australia