Terms and Conditions

1. Definitions and Interpretation

In these Terms and Conditions:

• "Agreement" means these Terms and Conditions, any Schedule, and all documents referenced herein.
• "Client" or "You" means the individual or entity purchasing our services.
• "We", "Us", "Our" or "WebMaintenance" means WebMaintenance.com.au and its related entities.
• "Service" means the managed WordPress maintenance service described on our website.
• "Website" means the WordPress website(s) you own or operate that we maintain under this Agreement.
• "Hosting" means the server infrastructure where your Website is stored and accessed.
• "Content" means all files, data, text, images, videos, and materials on your Website.
• "Confidential Information" means non-public information shared by either party in confidence.
• "Business Day" means Monday to Friday, 9am to 5pm AEST, excluding Australian public holidays.

2. Service Description

2.1 Core Service ($250 per month)

WebMaintenance provides fully managed WordPress maintenance including:

• 24/7 uptime and threat monitoring
• WordPress core, plugin and theme updates (compatibility tested before deployment)
• Daily security scanning with malware removal
• Triple-layer backup strategy (site, server and cloud) with rapid restore capability
• Monthly performance and activity reporting
• Direct Australian phone and email support during business hours
• Up to 2 hours of monthly content updates included
• Priority same-day response for critical issues
• Staging environment for safe testing of changes
• CDN configuration and speed optimisation

2.2 Service Limitations

Our maintenance service does not include:

• Website design or redesign services
• Development of custom plugins or themes beyond basic configuration
• Content writing or copywriting (beyond 2 hours monthly updates)
• SEO strategy or implementation
• Marketing or advertising services
• Phone support outside Business Days (emergency support available via email)
• Site migration from third-party platforms (available at additional cost)

2.3 Optional Hosting Add-On

You may elect to have WebMaintenance provision and manage your hosting infrastructure. The hosting fee is additional to the $250/month service fee and is calculated based on the hosting provider and server specification you choose. We support cloud VPS providers, managed WordPress hosts, and Australian-focused hosting providers. Hosting fees are quoted separately and vary according to your requirements.

3. Subscription and Billing

3.1 Service Commencement

Your subscription commences on the date you accept these Terms and Conditions and make your first payment. You will receive email confirmation of your subscription.

3.2 Billing Cycle

The service is charged at $250 AUD per month (plus any applicable hosting fees), payable in advance. Your monthly billing date will be the same date each month as your subscription commencement date. If no specific date is available (e.g., 31st of a month with fewer days), billing will occur on the last day of the month.

3.3 Payment Methods

We accept payment via:

• Credit card (Visa, Mastercard, American Express)
• Bank transfer (BECS)
• PayPal

All payments must be in Australian Dollars (AUD). Payment is non-refundable except as expressly stated in these Terms.

3.4 Failed Payments

If a payment fails, we will attempt to charge your payment method again within 3 business days. If payment continues to fail, we reserve the right to suspend your service after providing 5 business days' written notice. Service suspension will prevent access to your Website and any management functions.

3.5 Price Changes

We may change our service fees with 30 days' written notice. Your continued use of the service after the price change takes effect constitutes acceptance of the new pricing. You may cancel your service before the price change takes effect if you do not accept the new pricing.

3.6 Invoicing

An invoice will be issued to your registered email address prior to each billing date. Invoices are due upon issue. If you require a payment plan or alternative arrangement, please contact us at service@webmaintenance.com.au.

4. Cancellation and Termination

4.1 Cancellation by Client

You may cancel your subscription at any time with 30 days' written notice. Notice must be sent to service@webmaintenance.com.au. Your cancellation will be effective from the end of the current billing month. We do not offer refunds for the current billing period in the event of cancellation.

4.2 No Lock-In Contracts

WebMaintenance operates on a month-to-month basis with no long-term lock-in. You are free to cancel at any time by providing 30 days' notice, subject to payment for the current billing period.

4.3 Termination by WebMaintenance

We may terminate your subscription with 30 days' written notice if:

• You breach these Terms and Conditions and fail to remedy the breach within 14 days of written notice;
• You engage in illegal activity or violate third-party rights;
• Payment for services is overdue by more than 30 days;
• Your use of the service poses a security or stability risk to our infrastructure or other clients;
• You use our service for purposes that violate applicable law.

4.4 Effects of Termination

Upon termination or cancellation:

• Your access to our management portal will be revoked;
• We will cease performing maintenance and monitoring services;
• If you use our hosting service, we will provide 14 days' notice before deactivating hosting (unless terminated for breach);
• We will provide your website files and database backup to you upon request at no additional cost;
• You remain responsible for any invoices issued prior to termination;
• You must ensure your Website is hosted elsewhere before the hosting service ends.

5. Service Level Agreement

5.1 Uptime Guarantee

We commit to monitoring your Website 24/7 and aim to maintain 99.5% uptime (measured monthly). This excludes downtime caused by your hosting provider, your Internet connection, third-party services, or circumstances beyond our reasonable control.

5.2 Response Times

• Critical Issues (site offline): Same-day response during Business Days; best-effort response outside Business Days.
• High Priority (security threat): Response within 4 business hours during Business Days.
• Standard Issues: Response within 2 business days.

Response time means acknowledging your support request, not necessarily resolving the issue.

5.3 Support Channels

Support is available via:

• Email: service@webmaintenance.com.au (response within 2 business days)
• Phone: 1300 799 858 during Business Days (9am-5pm AEST, Monday-Friday)
• Support Portal: Available 24/7 for non-urgent requests

5.4 Limitations on Support

We are not responsible for support related to:

• Third-party plugins or themes (beyond standard updates and compatibility)
• Content issues or user training
• Hosting provider issues (unless using our hosting service)
• Your Internet connection or local network issues

6. Client Responsibilities

6.1 Website Suitability

You represent and warrant that your Website:

• Does not infringe any third-party intellectual property rights;
• Does not contain illegal content or malicious code;
• Is not used to spam, phish, or conduct fraudulent activities;
• Complies with all applicable laws, including privacy and consumer protection laws;
• Does not violate the terms of service of your hosting provider;
• Does not contain adult or explicit content (unless clearly marked and age-gated).

6.2 Content Responsibility

You are solely responsible for all content on your Website, including text, images, videos, and links. You must obtain all necessary permissions and licenses for any third-party content used on your Website.

6.3 Access and Credentials

You must provide us with accurate and current access credentials (FTP, cPanel, database) necessary to perform maintenance. You must notify us immediately of any changes to these credentials or if you suspect unauthorised access.

6.4 Backup Responsibility

While we maintain backups of your Website, you should maintain your own independent backups of critical content. We are not liable for data loss in all circumstances, as detailed in Section 8 (Liability).

6.5 Legal Compliance

You are responsible for ensuring your Website complies with all applicable laws, including but not limited to:

• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Australian Consumer Law (Competition and Consumer Act 2010)
• Spam Act 2003 (Cth)
• Copyright Law
• Defamation laws

7. Security and Data Protection

7.1 Security Measures

We implement industry-standard security measures including:

• Daily malware scanning and removal
• Automatic security updates
• SSL certificate installation and management
• Web Application Firewall (WAF) configuration
• DDoS attack mitigation
• Intrusion detection monitoring

However, no system is 100% secure. We cannot guarantee protection against all security threats.

7.2 Your Security Responsibilities

To maintain the security of your Website, you must:

• Use strong, unique passwords for all admin accounts;
• Change passwords regularly;
• Not share admin credentials with unauthorised persons;
• Enable two-factor authentication where available;
• Notify us immediately of any suspected security breaches;
• Keep your personal devices secure and up-to-date.

7.3 Data Protection and Privacy

Personal data is handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy (available at webmaintenance.com.au/privacy). We will not access, use, or disclose your Website content except as necessary to provide maintenance services. We may access your data in the following circumstances:

• To perform scheduled maintenance and updates;
• To investigate and resolve technical issues;
• To comply with legal obligations;
• To protect the security of our infrastructure;
• With your prior written consent.

7.4 Backup and Recovery

We maintain a triple-layer backup strategy:

• Site Backups: Daily incremental backups stored separately from your Website.
• Server Backups: Weekly full server backups (if using our hosting).
• Cloud Backups: Off-site cloud storage for disaster recovery.

We aim to restore your Website within 4 hours of a restore request. Restoration is not guaranteed in cases of catastrophic data loss or if backups are corrupted by malware.

8. Limitation of Liability

8.1 Exclusions of Liability

To the maximum extent permitted by law, WebMaintenance is not liable for:

• Any indirect, incidental, special, consequential or punitive damages (including loss of revenue, profits, data, or business opportunity);
• Loss or corruption of data caused by your negligence or failure to maintain backups;
• Downtime or service interruption caused by third-party services, hosting providers, or circumstances beyond our reasonable control;
• Damage to your Website resulting from incompatible third-party plugins or themes;
• Unauthorised access or hacking due to your failure to secure your credentials or use weak passwords;
• Loss of revenue or business opportunity arising from any interruption to your service;
• Errors or omissions in your Website content.

8.2 Liability Cap

Our total liability to you under this Agreement shall not exceed the amount you have paid to us in the preceding 12 months. If you have paid nothing, our liability shall not exceed $100 AUD.

8.3 Essential Services Exception

Nothing in these Terms limits our liability for loss or damage that cannot be excluded under the Australian Consumer Law, including liability for death, personal injury, or misleading or deceptive conduct.

9. Intellectual Property Rights

9.1 Your Website Content

You retain all intellectual property rights in your Website content. You grant us a limited licence to access, copy, modify and update your Website solely for the purpose of providing maintenance services under this Agreement.

9.2 WebMaintenance Intellectual Property

All WebMaintenance materials, including our Website, documentation, processes, tools, and methodologies, are our exclusive property and protected by copyright. You must not reproduce, distribute, or use these materials without our prior written consent.

9.3 Third-Party Software

WordPress, plugins, themes, and other third-party software are governed by their respective licences. We do not grant you any rights beyond what is permitted under their original licences.

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties

Except as expressly stated in this Agreement, our service is provided "as is" without any warranty or condition, express or implied, including warranties of merchantability, fitness for purpose, or non-infringement.

10.2 No Guarantee of Results

While we provide professional maintenance, we do not guarantee that:

• Your Website will never experience downtime;
• All security threats will be prevented;
• Backups will always be recoverable;
• Your Website performance will improve;
• You will gain traffic or revenue from your Website.

10.3 Third-Party Services

We are not responsible for the performance or availability of third-party services, including your hosting provider, DNS provider, or CDN. We provide configuration and integration support only.

11. Confidentiality

11.1 Confidential Information

During our engagement, both parties may share Confidential Information. The receiving party agrees to:

• Maintain confidentiality using reasonable security measures;
• Limit access to authorised personnel only;
• Not disclose to third parties without prior written consent;
• Return or destroy Confidential Information upon request.

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is already publicly available;
• Is required to be disclosed by law or court order;
• Is disclosed to comply with regulatory requirements;
• Is shared with our service providers who are bound by confidentiality.

12. Acceptable Use Policy

12.1 Prohibited Uses

You must not use our service to:

• Transmit viruses, malware, or harmful code;
• Engage in hacking, phishing, or social engineering;
• Spam, scam, or defraud users;
• Violate privacy rights or collect personal data without consent;
• Infringe intellectual property rights;
• Conduct illegal activities or violate applicable laws;
• Harass, defame, or abuse others;
• Distribute adult content without age-gating;
• Conduct denial-of-service attacks or other malicious activities;
• Reverse engineer or attempt to gain unauthorised access to our systems.

12.2 Enforcement

If we detect misuse, we may immediately suspend your account and service without notice. We may also report illegal activity to relevant authorities.

13. Indemnification

You agree to indemnify, defend and hold harmless WebMaintenance (including its officers, directors, employees and agents) from any claims, damages, costs or expenses (including legal fees) arising from:

• Your breach of these Terms and Conditions;
• Your Website content or use of our service;
• Your infringement of third-party rights;
• Your violation of applicable law;
• Claims by third parties regarding your Website.

14. General Provisions

14.1 Entire Agreement

These Terms and Conditions, together with any Schedule or document referenced herein, constitute the entire agreement between you and WebMaintenance. They supersede all prior negotiations, representations, and agreements (whether written or oral).

14.2 Amendment

We may amend these Terms and Conditions at any time by posting the updated version on our Website. Your continued use of our service after posting constitutes acceptance of the amended Terms. We will provide 30 days' notice for material changes affecting your rights or obligations.

14.3 Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

14.4 Severability

If any provision of these Terms is found to be invalid or unenfoceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

14.5 Waiver

Our failure to enforce any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing signed by an authorised representative.

14.6 Assignment

You must not assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights (including to related entities or service providers) at any time by providing 30 days' notice.

14.7 Counterparts

This Agreement may be executed in electronic form (including email or digital signature) and shall have the same legal effect as a paper version.

14.8 Survival

Provisions that by their nature should survive termination (including confidentiality, indemnification, limitation of liability, and intellectual property) shall survive the termination or expiry of this Agreement.

15. Dispute Resolution

15.1 Informal Resolution

If a dispute arises, we encourage you to contact us first at service@webmaintenance.com.au to seek an amicable resolution. We will make good faith efforts to resolve disputes within 14 days.

15.2 Formal Complaint Process

If informal resolution fails, you may lodge a formal complaint by email including:

• Your name and account details;
• Description of the dispute;
• Proposed resolution;
• Any supporting documentation.

We will respond within 10 business days with our position and proposed resolution.

15.3 Escalation

If you are not satisfied with our response, you may escalate to our management team by emailing service@webmaintenance.com.au or calling 1300 799 858.

15.4 Australian Consumer Law

If you are a consumer under the Australian Consumer Law, you may have additional rights and remedies that cannot be excluded. Nothing in these Terms excludes or limits rights under the Australian Consumer Law.

16. Contact Information

If you have questions about these Terms and Conditions, please contact us: