Country Specific Terms (Services Provided from Australia)
If you have signed an Agreement with Rackspace that is governed by United States law, but have purchased Services that will be provided in whole or in part from datacenters or other Rackspace facilities located in Australia, then the following terms shall also form part of that Agreement.
1. Australian law
Your use of those Services provided in whole or in part from data centres or other Rackspace facilities located in Australia is subject to the laws of New South Wales, Australia. Your obligation under the Agreement to comply with applicable law therefore includes compliance with the laws of New South Wales, Australia.
2. Service Level Agreements
For Cloud services, the Service Level Agreements described at Section 5 of the Agreement means those conditions and procedures at http://www.rackspace.com.au/company/legal-cloud-sla.php
3. Data protection
You agree that you will comply with the Australian Privacy Act 1988 (Cth) with respect to all personal information as defined under such law, collected, accessed, processed and used by you, and hosted by Rackspace, including making any required notifications to, or obtaining required consents from, third parties in relation to Rackspace hosting personal information in connection with the Services. We may give our affiliates and subcontractors outside of Australia access to your Hosted System. For example, we may provide an affiliate with access to your Hosted System so that the affiliate may provide support to you during off business hours.
4. Australia Consumer Law
For the purposes of this clause 4, "Australia Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth); "Non-excludable Rights" means a condition, warranty, right or guarantee implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from the Agreement would cause part or all of the Agreement to be void. Where Non-Excludable rights apply under Australia Consumer Law, Rackspace's goods come with guarantees that cannot be excluded by Australia Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
5. Bandwidth Charges
With respect to any Services that will be provided in whole or in part from datacenters or other Rackspace facilities located in any non-United States jurisdiction, the bandwidth pricing located at: http://www.rackspace.com/information/legal/bandwidthpricing shall apply to any bandwidth or overages on your account.