Terms of Service
Terms of Service Last Updated: 7 January 2025
Welcome to Your Page Pty Ltd (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of our services. By engaging us for any service, you agree to comply with and be bound by these Terms. If you do not agree, you must discontinue use of our services immediately.
1. Definitions
1.1. “Your Page Pty Ltd” refers to Your Page Pty Ltd, ABN 18608797137, operating in Queensland, Australia.
1.2. “Client” refers to the individual or entity engaging us for services.
1.3. “Services” include, but are not limited to, web hosting, domain registration, website design, development, SEO, digital marketing, and associated offerings.
1.4. “Agreement” refers to these Terms, any attached quotes, invoices, and written communications.
1.5. “Systems” refer to servers, networks, databases, and other platforms used to provide hosting and related services.
1.6. “Force Majeure” refers to events beyond reasonable control, as detailed in Section 12.
2. Acceptance of Terms
2.1. Agreement to Terms
2.1.1. By engaging our services, you agree to these Terms and our Privacy Policy.
2.2. Acceptance of Revisions
2.2.1. Continued use of our services after updates to these Terms constitutes acceptance of the revised Terms.
3. Services
3.1. Service Offerings
3.1.1. Your Page Pty Ltd provides the following services:
3.1.1.1. Web hosting and domain registration.
3.1.1.2. Website design, development, and maintenance.
3.1.1.3. Search Engine Optimisation (SEO).
3.1.1.4. Pay-Per-Click (PPC) advertising.
3.1.1.5. Graphic design and video editing.
3.1.1.6. Custom web applications and e-commerce solutions.
3.2. Service Scope
3.2.1. Services are provided as described in proposals, agreements, or invoices.
3.2.2. Additional work outside the agreed scope requires written approval and may incur additional fees.
3.3. Support Scope
3.3.1. Included support covers the following:
3.3.1.1. Minor bug fixes.
3.3.1.2. General usage guidance.
3.3.1.3. Hosting-related technical support.
3.3.2. Any additional work outside the included support scope will be charged at standard rates.
3.4. Third-Party Services
3.4.1. Certain services rely on third-party providers.
3.4.2. Your Page Pty Ltd is not responsible for delays, outages, or failures caused by third-party providers.
4. Fees and Payment
4.1. Fee Estimates
4.1.1. Estimates provided by Your Page Pty Ltd are indicative only and subject to change.
4.1.2. Written approval will be sought from the Client before exceeding any initial estimates.
4.2. Payment Terms
4.2.1. All invoices are payable immediately upon receipt unless otherwise agreed in writing.
4.2.2. Payment for ongoing services is required at the time the service is provided or as specified in the service agreement.
4.2.3. Late payments may incur interest at the statutory rate prescribed under Queensland law and may result in suspension of services.
4.2.4. Administrative fees may also apply to cover costs related to overdue accounts.
4.2.5. Clients who initiate contact outside standard business hours (9:00 AM to 5:00 PM, Monday to Friday) agree to additional charges as outlined in Section 4.5.
4.3. Payment Methods
4.3.1. Payments can be made via the following methods:
4.3.1.1. Automatic Payments: Payment methods such as Stripe or Ezidebit require an active setup.
4.3.1.2. Annual Upfront Payments: Invoiced at the beginning of the service period.
4.3.1.3. Manual Payments: From 10 January 2025, manual payments for recurring services will no longer be accepted. Clients must transition to either automatic payments (e.g., Stripe, Ezidebit) or annual upfront payments.
4.3.1.4. Failure to transition by this date will result in the client being invoiced for the full annual service amount.
4.4. Refund Policy
4.4.1. Fees for one-time services, such as setup, domain registrations, and SSL certificates, are non-refundable.
4.4.2. Refunds for hosting or other prepaid services may be issued at our discretion and calculated on a pro-rata basis.
4.5. Additional Charges and Fees
4.5.1. After-Hours Work: Work conducted outside standard business hours is billed at $247 + GST per hour, with a minimum charge of one hour.
4.5.2. Reactivation Fee: Reactivation of suspended services due to non-payment or breach of these Terms will incur a $245 + GST administrative fee.
4.5.3. Excessive Resource Usage: Charges may apply for exceeding CPU, bandwidth, or storage allocations as determined by the service plan.
4.5.4. Website Change Requests: Requests exceeding 15 minutes of included monthly time are billed at $129 + GST per hour, charged in 30-minute increments during business hours.
4.6. Disputed Charges
4.6.1. Clients must notify us in writing of any disputes regarding fees or charges within 3 days of the invoice date.
4.6.2. Disputes will be resolved as per the dispute resolution terms in Section 13.
4.7. Cancellation and Suspension Fees
4.7.1. Cancellation or suspension of services due to non-payment or breach of these Terms will incur a reactivation fee as outlined in Section 4.5.
4.7.2. No refunds will be provided for unused portions of prepaid services unless explicitly agreed in writing.
5. Hosting Services
5.1. Service Terms
5.1.1. Hosting services are provided on a month-to-month basis unless otherwise agreed.
5.2. Uptime
5.2.1. While we strive for 99.9% uptime, uninterrupted services cannot be guaranteed due to maintenance, third-party outages, or Force Majeure events.
5.3. Backups
5.3.1. Clients are responsible for maintaining backups unless a specific backup service is purchased.
5.3.2. Our liability for data loss is limited to the most recent backup if a backup service is purchased.
5.4. Resource Usage
5.4.1. Excessive use of server resources, including CPU and bandwidth, may result in suspension of services or additional fees.
5.5. Acceptable Use
5.5.1. Hosting services may not be used for illegal content, spam, malware, or other activities that violate applicable laws or disrupt other users.
5. Hosting Services
5.1. Service Terms
5.1.1. Hosting services are provided on a month-to-month basis unless otherwise agreed.
5.2. Uptime
5.2.1. While we strive for 99.9% uptime, uninterrupted services cannot be guaranteed due to maintenance, third-party outages, or Force Majeure events.
5.3. Backups
5.3.1. Clients are responsible for maintaining backups unless a specific backup service is purchased.
5.3.2. Our liability for data loss is limited to the most recent backup if a backup service is purchased.
5.3.3 Your Page Pty Ltd will not be liable for any loss, corruption, or unrecoverable data, including but not limited to events caused by third-party providers, client actions, or hardware failures, even when a backup service has been purchased.
5.4. Resource Usage
5.4.1. Excessive use of server resources, including CPU and bandwidth, may result in suspension of services or additional fees.
5.5. Acceptable Use
5.5.1. Hosting services may not be used for illegal content, spam, malware, or other activities that violate applicable laws or disrupt other users.
6. Domain Services
6.1. Domain Ownership
6.1.1. Domains are registered in the Client’s name and remain their property upon full payment.
6.2. Renewals
6.2.1. Domain renewals are billed retrospectively.
6.2.2. Clients must ensure their contact information is up to date to avoid renewal issues.
6.3. Parked Domains
6.3.1. We may display advertisements on parked domains.
6.3.2. No compensation will be provided to the Client for the use of parked domains.
6.4. Ownership Disputes
6.4.1. If a domain ownership dispute arises, the resolution process will follow auDA’s policies.
6.5. Transfers
6.5.1. Domains can only be transferred to another provider upon full payment of any outstanding fees.
6.6. Expiration
6.6.1. Clients are responsible for ensuring domains are renewed before their expiry date.
6.6.2. We are not liable for any losses resulting from expired domains.
7. Intellectual Property
7.1. Ownership
7.1.1. Ownership of work created by Your Page Pty Ltd is transferred to the Client upon receipt of full payment. Pre-existing intellectual property, templates, code, or tools used in the development of services remain the sole property of Your Page Pty Ltd unless explicitly transferred in writing.
7.2. Licenses
7.2.1. Any software, plugins, or proprietary tools used in the creation or maintenance of your website remain the property of Your Page Pty Ltd or the respective third-party vendor.
7.3. Usage Rights
7.3.1. Clients are granted a non-exclusive, non-transferable license to use the final work for its intended purpose upon full payment.
7.3.2. Unauthorized modification, redistribution, or resale is prohibited.
7.4. Non-Payment Clause
7.4.1. If payment is not made in full, we reserve the right to revoke usage rights or disable access to the work.
8. Confidentiality
8.1. Confidential Information
8.1.1. Both parties agree to keep all proprietary, sensitive, or non-public information disclosed during the course of this Agreement confidential, including but not limited to business operations, financial data, intellectual property, and client information.
8.1.2. This obligation applies both during the term of the Agreement and for a period of five years following its termination.
8.2. Exceptions to Confidentiality
8.2.1. Information that is already in the public domain, provided it was not disclosed in breach of this Agreement.
8.2.2. Information required to be disclosed by law, provided the disclosing party gives prior written notice to the other party where legally permissible and takes all reasonable steps to limit the scope of disclosure.
8.3. Non-Disparagement Clause
8.3.1. Clients agree not to make, publish, or communicate, directly or indirectly, any false, misleading, defamatory, or disparaging statements about Your Page Pty Ltd, its employees, contractors, or services, whether publicly or privately.
8.3.2. This includes statements made on social media platforms, review sites, forums, or in private communications with third parties.
8.3.3. Clients are required to seek resolution through written communication before making any public comments that could harm the reputation of Your Page Pty Ltd.
8.3.4. Breaches of this clause may result in immediate suspension of services, termination of the Agreement, or legal action to recover damages or seek injunctive relief.
8.4. Protection of Proprietary Methods
8.4.1. Clients agree not to disclose, reproduce, reverse engineer, or replicate any processes, techniques, methodologies, software, or trade secrets used in the provision of services by Your Page Pty Ltd.
8.4.2. Any unauthorised use, sharing, or duplication of proprietary methods will constitute a material breach of this Agreement and may result in legal action.
8.5. Survival of Obligations Upon Termination
8.5.1. All confidentiality obligations outlined in this Agreement, including but not limited to those concerning proprietary information, non-disparagement, and trade secrets, will survive termination of this Agreement for a period of five years.
8.5.2. Your Page Pty Ltd reserves the right to enforce these obligations through legal means, including claims for damages and injunctive relief where necessary.
9. Limitation of Liability
9.1. Exclusions of Liability
9.1.1. Your Page Pty Ltd is not liable for any direct or indirect losses, damages, or claims arising from the following circumstances:
9.1.1.1. Downtime, cyberattacks, data breaches, or interruptions to services.
9.1.1.2. Financial losses, including but not limited to missed sales, profits, revenue, or anticipated savings.
9.1.1.3. Errors, omissions, or failures caused by third-party modifications, external systems, or unauthorised changes made by the Client or third parties.
9.1.1.4. Loss or corruption of data not covered under a purchased backup service.
9.2. Liability Cap
9.2.1. To the extent permitted by law, the total aggregate liability of Your Page Pty Ltd for any claims, damages, or losses under this Agreement is strictly limited to the total amount paid by the Client for services in the six months immediately preceding the event giving rise to the claim.
9.2.2. This cap applies to all claims collectively, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.
9.3. Exclusions of Indirect Damages
9.3.1. Your Page Pty Ltd is not liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to:
9.3.1.1. Loss of revenue, profits, goodwill, or business opportunities.
9.3.1.2. Loss or corruption of data, except as covered under an active backup service.
9.3.1.3. Costs of procuring substitute services or mitigating damages.
9.4. Compliance with Australian Consumer Law (ACL)
9.4.1. These Terms do not exclude, restrict, or modify any rights or remedies that are mandatory under the ACL.
9.4.2. Where permitted under the ACL, Your Page Pty Ltd limits its liability to:
9.4.2.1. The re-supply of the services, or
9.4.2.2. A refund of the cost of the services, as determined at our sole discretion.
9.4.3. Clients acknowledge that the limitations and exclusions of liability in this Agreement are reasonable in the context of the services provided and their associated fees.
10. Client Responsibilities
10.1. Timely Provision of Content and Approvals
10.1.1. Clients must provide all required content, approvals, and access promptly to enable the timely delivery of services.
10.1.2. Delays caused by the Client’s failure to provide the necessary materials or approvals may result in:
10.1.2.1. Extensions to project timelines, and
10.1.2.2. Additional fees incurred to cover downtime or rescheduling.
10.2. Accuracy of Information
10.2.1. Clients are solely responsible for ensuring that all information they provide to Your Page Pty Ltd is complete, accurate, and up to date.
10.2.2. Your Page Pty Ltd is not liable for errors, delays, or damages arising from the Client’s provision of incomplete or inaccurate information.
10.3. Compliance with Australian Laws
10.3.1. Clients must ensure that all content, actions, and activities related to the services comply with applicable Australian laws, including but not limited to:
10.3.1.1. Copyright laws.
10.3.1.2. Privacy laws, including the Privacy Act 1988 (Cth).
10.3.1.3. Consumer protection laws under the Australian Consumer Law (ACL).
10.3.2. Non-compliance may result in the suspension or termination of services without liability to Your Page Pty Ltd.
10.4. Responsibility for Data Backups
10.4.1. Clients are responsible for maintaining regular and up-to-date backups of their data unless they have purchased a backup service from Your Page Pty Ltd.
10.4.2. If a backup service is purchased, Your Page Pty Ltd will make reasonable efforts to ensure backups are performed and stored according to the agreed terms.
10.4.3. Notwithstanding the provision of a backup service, Your Page Pty Ltd will not be liable for any loss, corruption, or unrecoverable data, including but not limited to:
10.4.3.1. Failures caused by third-party service providers.
10.4.3.2. Force Majeure events as outlined in Section 12.
10.4.3.3. Unauthorised access, misuse, or negligence by the Client.
10.4.4. By purchasing a backup service, the Client acknowledges that no backup system can guarantee full recovery of all data in all circumstances.
10.5. Indemnity for Third-Party Claims
10.5.1. Clients agree to indemnify and hold harmless Your Page Pty Ltd, its employees, and contractors against any claims, damages, liabilities, or expenses arising from:
10.5.1.1. Content provided by the Client.
10.5.1.2. Activities conducted on the Client’s website.
10.5.1.3. Actions taken by the Client using services provided by Your Page Pty Ltd.
10.5.2. This indemnity extends to legal costs incurred in defending such claims, including but not limited to solicitor fees, court fees, and other reasonable expenses.
10.5.3. Your Page Pty Ltd’s liability for indemnity obligations under this section is capped at the total fees paid by the Client in the three (3) months immediately preceding the claim.
10.6. Hosting and Resource Usage Compliance
10.6.1. Clients must use hosting services in accordance with Your Page Pty Ltd’s acceptable use policy.
10.6.2. Excessive resource usage, including but not limited to CPU, bandwidth, or storage, that disrupts other users or violates acceptable use guidelines, may result in:
10.6.2.1. Suspension of services, or
10.6.2.2. Additional fees to cover resource overages.
11. Termination and Suspension
11.1. Suspension of Services
11.1.1. Your Page Pty Ltd reserves the right to suspend services immediately and without prior notice under the following circumstances:
11.1.1.1. Non-payment of invoices or failure to meet payment terms.
11.1.1.2. Breaches of these Terms, applicable laws, or regulatory requirements.
11.1.1.3. Activities that compromise the security, functionality, or integrity of our systems, third-party platforms, or other users’ services.
11.1.1.4. Use of services for prohibited or illegal activities, including but not limited to spamming, hacking, or distributing malicious software.
11.1.2. Suspended services may only be reinstated upon:
11.1.2.1. Full rectification of the breach, and
11.1.2.2. Payment of any applicable reactivation fees as outlined in Section 4.5.
11.2. Termination by Your Page Pty Ltd
11.2.1. Your Page Pty Ltd reserves the right to terminate this Agreement immediately in the event that the Client:
11.2.1.1. Fails to remedy a material breach within seven days of receiving written notice.
11.2.1.2. Engages in activities that are illegal, prohibited, or detrimental to Your Page Pty Ltd’s reputation, systems, or other clients.
11.2.1.3. Repeatedly fails to pay outstanding invoices despite reminders and notices.
11.2.1.4. Becomes insolvent or is otherwise unable to fulfil its financial obligations under this Agreement.
11.3. Termination by the Client
11.3.1. Clients may terminate this Agreement by providing 90 days’ written notice.
11.3.2. During the notice period, the following terms will apply:
11.3.2.1. Services will continue as per the existing agreement until the termination date.
11.3.2.2. All fees for services rendered during the notice period will remain payable.
11.3.2.3. Refunds for prepaid services will not be issued unless expressly agreed in writing.
11.3.3. Early termination requests for fixed-term services or projects may incur additional fees to cover uncompleted work or allocated resources.
11.4. Inactive or Abandoned Projects
11.4.1. Projects delayed by the Client’s inaction, lack of communication, or failure to provide required materials for 30 days or more will be deemed inactive or abandoned.
11.4.2. Reactivation of such projects will be subject to Your Page Pty Ltd’s sole discretion and may incur reactivation fees or revised timelines.
11.5. Outstanding Fees
11.5.1. Upon termination of this Agreement, all outstanding fees for services rendered up to the termination date will become immediately payable.
11.5.2. Your Page Pty Ltd reserves the right to withhold access to work, data, or services until all outstanding amounts are settled in full.
12. Force Majeure
12.1. Exclusion of Liability
12.1.1. Your Page Pty Ltd will not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to:
12.1.1.1. Natural disasters, including floods, fires, earthquakes, or extreme weather conditions.
12.1.1.2. Cybersecurity incidents, such as hacking, ransomware, or DDoS attacks.
12.1.1.3. Failures or outages of third-party providers or systems, including hosting platforms, domain registrars, or API dependencies.
12.1.1.4. Interruptions to utilities, including power, internet, or telecommunications.
12.1.1.5. Changes in laws, regulations, or government-mandated restrictions or directives.
12.1.1.6. Public health emergencies, such as pandemics or epidemics.
12.1.1.7. Labor disputes, strikes, or workforce shortages.
12.1.1.8. Hardware or critical infrastructure failures.
12.1.1.9. Supply chain disruptions, delays, or shortages of essential components.
12.1.1.10. Acts of war, terrorism, insurrection, or civil unrest.
12.1.1.11. Software bugs, errors, or conflicts introduced by third-party updates or modifications.
12.1.1.12. Actions, inactions, or negligence of the client or their third-party vendors.
12.2. Notification and Mitigation
12.2.1. Upon the occurrence of a Force Majeure event, Your Page Pty Ltd will notify the Client as soon as practicable.
12.2.2. Your Page Pty Ltd will make reasonable efforts to mitigate the impact of the Force Majeure event and resume services as soon as conditions allow.
12.3. Contractual Implications
12.3.1. Delays or failures resulting from Force Majeure events will not constitute a breach of these Terms.
12.3.2. Where the Force Majeure event prevents performance for a prolonged period (e.g., more than 30 days), either party may terminate the affected services upon written notice, provided all outstanding fees are settled.
12.3.3 Your Page Pty Ltd will not be liable for any indirect, incidental, consequential, or special damages arising from delays or failures caused by Force Majeure events.
13. Governing Law and Dispute Resolution
13.1. Governing Law
13.1.1. These Terms are governed by and construed in accordance with the laws of Queensland, Australia.
13.1.2. Any disputes arising out of or relating to these Terms will be resolved exclusively under the laws of Queensland.
13.2. Dispute Resolution
13.2.1. In the event of a dispute, the parties must first attempt to resolve the matter through good faith negotiations.
13.2.2. If negotiations fail, the parties agree to submit the dispute to mediation conducted under the rules of the Australian Disputes Centre (ADC) or another recognized mediation body, to be held in Queensland.
13.2.3. Mediation costs, including mediator fees and facility charges, will be split equally between the parties. However, each party will bear its own costs for travel, accommodation, and other out-of-pocket expenses associated with attending mediation, unless otherwise agreed.
13.2.4. The parties agree that no legal proceedings will be initiated unless mediation, as outlined in this section, has been attempted in good faith.
13.2.5. All mediation proceedings, including communications and outcomes, will remain strictly confidential and must not be disclosed to third parties without the prior written consent of both parties.
13.3. Legal Proceedings
13.3.1. If mediation does not resolve the dispute, the parties agree that any legal proceedings will be conducted exclusively in the courts of Queensland, Australia.
13.3.2. The prevailing party in any legal proceedings is entitled to recover reasonable legal fees, court costs, and associated expenses from the other party.
13.4. Arbitration Option for Cross-Border Transactions
13.4.1. If the dispute involves a client located outside Australia, either party may elect to resolve the dispute through binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA).
13.4.2. Arbitration will be conducted in accordance with the Commercial Arbitration Act 2013 (Qld) and the UNCITRAL Model Law.
13.4.3. The seat of arbitration will be Queensland, Australia, and the language of arbitration will be English.
13.4.4. Any arbitration award will be final and binding and may be enforced in any jurisdiction under the New York Convention 1958.
13.4.5. Arbitration proceedings will be conducted on an expedited basis to ensure a timely resolution unless otherwise agreed by both parties.
13.5. Limitation Period for Claims
13.5.1. Any claims or disputes under these Terms must be initiated within 12 months of the event giving rise to the claim, after which the claim will be barred.
Contact Information
Your Page Pty Ltd
Email: [email protected]
Phone: +61 7 3710 8259
ABN: 18608797137