By approving a proposal, accepting a quote, submitting a service order, paying an invoice, signing up for a care plan, or otherwise engaging SiteKeepers Digital to provide services, you agree to these Service Terms.
Nothing in these Service Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection you may have under the Australian Consumer Law or any other law that cannot legally be excluded, restricted, or modified.
About SiteKeepers Digital
SiteKeepers Digital provides website design, website rebuilds, WordPress website care plans, managed website support, hosting coordination, domain and DNS support, business email setup support, website security checks, backups, monitoring, and related business technology support services.
In these Service Terms:
- SiteKeepers Digital, we, us, or our
- means SiteKeepers Digital.
- Client, you, or your
- means the person, business, organisation, or authorised representative that engages SiteKeepers Digital for services.
- Website
- means sitekeepers.com.au.
- Client Website
- means a website owned, operated, managed, or controlled by the Client.
- Services
- means the services supplied by SiteKeepers Digital, including website design, website care, hosting support, domain support, DNS support, email support, security checks, backups, monitoring, maintenance, consulting, and related business technology services.
- Proposal
- means a quote, proposal, service order, care plan sign-up, statement of work, email approval, invoice, or other written document describing the services to be supplied.
- Service Fees
- means the fees payable by the Client for the Services.
- Third-Party Services
- means services, platforms, tools, software, plugins, themes, licences, hosting, domain names, DNS providers, email providers, payment processors, booking systems, analytics tools, security tools, or other external services not owned by SiteKeepers Digital.
- Business Hours
- means Monday to Friday, 9:00 AM to 5:00 PM Melbourne time, excluding Victorian public holidays.
Services Covered by These Service Terms
These Service Terms apply to services including:
- Website design and development
- Website rebuilds and redesigns
- WordPress setup and configuration
- Website care plans
- Website maintenance
- Website updates and small content edits
- Hosting coordination and support
- Domain and DNS support
- SSL and Cloudflare setup or support
- Microsoft 365 and Google Workspace setup support
- Email setup and troubleshooting support
- Website security checks and hardening
- Backup setup, backup checks, and restoration support
- Uptime monitoring
- Website reviews and audits
- Technical consulting
- Related business technology support
The exact services included in your project or plan will be set out in the relevant Proposal. If a service is not listed in the Proposal, it is not included unless we agree to include it in writing.
Proposals, Quotes, and Acceptance
A Proposal may describe:
A Proposal is not accepted until you approve it in writing, approve it through a proposal tool, pay an invoice, pay a deposit, or otherwise instruct us to begin work.
By approving a Proposal, you confirm that you have reviewed the scope, pricing, inclusions, exclusions, and these Service Terms.
Any changes to the agreed scope must be requested in writing. We may accept, reject, or quote separately for requested changes.
Pricing, GST, and Third-Party Costs
Unless stated otherwise, all prices are in Australian Dollars (AUD). Where prices are displayed publicly, we aim to display clear total pricing, including GST where GST applies.
If SiteKeepers Digital is not registered for GST at the relevant time, GST will not be charged. If SiteKeepers Digital becomes registered for GST, applicable GST will be shown on relevant invoices, quotes, or pricing pages.
Unless stated otherwise, our fees do not include third-party costs such as:
Third-party costs may be billed directly to you by the provider, or may be passed on to you where we purchase them on your behalf.
Payment Terms
Payment terms will be stated in the Proposal or invoice. Unless agreed otherwise:
- Deposits or upfront payments must be paid before work begins
- Milestone payments must be paid before the next stage begins
- Monthly care plans are billed in advance
- Invoices are due by the date stated on the invoice
- Overdue invoices may result in work being paused
- Recurring services may be suspended if payment is not received
You remain responsible for approved fees, third-party costs, subscriptions, licences, renewals, and out-of-scope work.
If payment is overdue, we may pause work, withhold delivery, suspend support, suspend care plan services, or delay launch until payment is received.
If services are suspended due to non-payment, SiteKeepers Digital is not responsible for website downtime, missed updates, security breaches, data loss, plugin failures, expired licences, domain issues, email issues, or other problems that occur during the suspension period, except to the extent that liability cannot legally be excluded.
Website Design and Build Services
Website design and build services may include:
Unless specifically included in the Proposal, website design and build services do not include:
Additional work outside the agreed scope may be quoted separately or charged at our standard hourly or project rate.
Client Responsibilities for Website Projects
To complete website projects efficiently, the Client must:
- Provide required business information
- Provide accurate contact details
- Provide website content, images, logos, service information, pricing, and other materials requested
- Provide hosting, domain, DNS, WordPress, email, analytics, or platform access where required
- Review designs, pages, and content within reasonable timeframes
- Provide feedback clearly and in writing
- Approve key project stages before launch
- Ensure that supplied content does not infringe another person's rights
- Ensure that supplied content is accurate, lawful, and suitable for publication
If the Client delays supplying content, access, approvals, or feedback, project timeframes may be extended.
We are not responsible for missed deadlines, delays, additional costs, or project issues caused by missing information, delayed feedback, incomplete content, unavailable access, or changes requested by the Client.
Content, Images, and Intellectual Property Supplied by the Client
The Client is responsible for ensuring that all text, images, logos, videos, files, trademarks, product data, service descriptions, testimonials, reviews, and other materials supplied to us are accurate, lawful, and authorised for use.
The Client warrants that they have the right to use and provide all materials supplied to SiteKeepers Digital.
The Client indemnifies SiteKeepers Digital against claims arising from content, images, trademarks, files, materials, or information supplied by the Client.
We may refuse to publish or use content that we reasonably believe is unlawful, misleading, offensive, harmful, infringing, unsafe, or unsuitable.
Revisions and Scope Changes
The number of revisions included in a project will be stated in the Proposal.
If no revision allowance is stated, reasonable minor revisions may be included during the active project stage, but major design changes, structural changes, new features, rewritten content, new pages, or repeated changes may be treated as out-of-scope work.
Examples of scope changes include:
- Adding extra pages
- Adding new features
- Changing the agreed design direction after approval
- Replacing supplied content after it has already been implemented
- Changing booking, payment, email, form, CRM, or third-party integrations
- Requesting advanced animations or custom layouts not included in the Proposal
- Asking us to fix unrelated hosting, plugin, email, DNS, or third-party issues
Scope changes may affect pricing and timelines.
Website Launch and Acceptance
Before launch, we may provide the Client with a staging link, preview link, screenshots, or access to review the website.
The Client must review the website and notify us of any required changes within a reasonable timeframe.
Note: If the Client approves launch, requests launch, or does not provide feedback within a reasonable review period, the website may be treated as accepted. After launch, changes may be handled under the included post-launch support period, a care plan, or a separate quote.
Post-Launch Support and Limited Bug-Fix Period
Website build projects may include a limited post-launch support period if stated in the Proposal. This support is intended to fix bugs or issues directly related to the agreed website build.
Unless agreed otherwise, the post-launch support period does not include:
If no post-launch support period is stated in the Proposal, post-launch support may be quoted separately or handled under a care plan.
Website Care Plans
Website care plans may include services such as:
Note: Care plans do not include unlimited work. Any support time or edit allowance included in a care plan must be used within the relevant billing period and does not roll over unless agreed in writing. Care plan inclusions vary by package. The Client is responsible for choosing a plan that matches their needs.
Care Plan Exclusions
Unless specifically included in the selected care plan, care plans do not include:
Out-of-scope work may be quoted separately or charged at our standard hourly rate.
Support Hours, Response Times, and Urgent Work
Unless agreed otherwise in writing, support is provided during Business Hours. Support requests received outside Business Hours may be reviewed on a best-efforts basis.
A response time is not the same as a resolution time. Some issues require investigation, hosting provider support, plugin developer support, DNS propagation, client approval, vendor assistance, or additional paid work before they can be resolved.
Emergency support, after-hours support, weekend support, malware recovery, urgent website restoration, urgent DNS fixes, urgent email troubleshooting, or urgent hosting issues may be subject to availability and additional fees. Unless a separate written service level agreement is agreed, we do not guarantee immediate response, same-day resolution, 24/7 uptime monitoring, or uninterrupted service availability.
Hosting, Domains, DNS, and Email Support
SiteKeepers Digital may assist with hosting, domains, DNS, SSL, Cloudflare, Microsoft 365, Google Workspace, email delivery, and related setup or troubleshooting.
Unless we are directly reselling or managing a service under a separate written agreement, third-party services remain provided by the relevant third-party provider.
The Client acknowledges that hosting providers, domain registrars, DNS providers, email providers, plugin vendors, payment gateways, booking platforms, analytics tools, and other external services may have their own terms, pricing, outages, support limits, renewal rules, and service availability.
Note: We are not responsible for third-party outages, price changes, account suspensions, provider-side errors, expired domains, unpaid licences, email provider issues, DNS propagation delays, or service interruptions outside our reasonable control.
Backups and Restoration
We may assist with backup setup, backup monitoring, backup checks, or restoration support where included in the Proposal or care plan.
No backup system can guarantee complete protection against data loss, corruption, hacking, accidental deletion, server failure, plugin failure, human error, or third-party failure.
The Client should keep their own important business records, media files, website content, emails, documents, and login details backed up separately.
Backups may be stored by third-party tools, hosting providers, or cloud platforms and may be subject to their own retention limits, storage limits, and terms. Backup copies may temporarily contain deleted information until overwritten or removed according to normal backup cycles.
Website Security
We may assist with website security checks, hardening, malware scanning, plugin updates, theme updates, security monitoring, or related security services where included in the Proposal or care plan.
No website security service can guarantee that a website will never be hacked, infected, exploited, blacklisted, interrupted, or compromised.
Security risks may arise from:
The Client must not knowingly install, upload, request, or use nulled, pirated, unlicensed, malware-infected, or suspicious software on a website or system we support.
If we reasonably believe that a website, plugin, theme, file, account, or system presents a security risk, we may suspend affected services, remove or quarantine suspicious files without prior Client authorisation if they pose an immediate risk to system integrity, refuse to work on the affected component, or require remediation before continuing.
Client Access and Credentials
To provide services, we may need access to WordPress, hosting accounts, domain registrars, DNS providers, Cloudflare, Microsoft 365, Google Workspace, email platforms, analytics tools, booking systems, payment platforms, or other third-party tools.
Where possible, we prefer secure delegated access rather than shared passwords. If the Client chooses to transmit credentials via unencrypted methods, such as email or SMS, they do so at their own risk.
The Client is responsible for ensuring that access provided to us is authorised. The Client remains responsible for maintaining control of their own accounts, recovery emails, MFA methods, billing details, and ownership records.
Third-Party Tools, Plugins, Themes, and Platforms
Many websites rely on third-party tools, including WordPress, plugins, themes, hosting platforms, domain registrars, DNS providers, email providers, payment gateways, booking systems, analytics tools, form plugins, security plugins, and backup plugins.
We are not responsible for:
- Third-party bugs, vulnerabilities, outages, or service changes
- Third-party pricing changes
- Discontinued plugins, themes, or platforms
- Plugin or theme conflicts
- Loss of functionality caused by third-party updates
- Limitations imposed by third-party providers
- Account suspension or cancellation by a third-party provider
If a website uses a plugin, theme, tool, or service under a SiteKeepers Digital agency licence, developer licence, or subscription, the Client may need to purchase their own licence if they cancel their care plan, move to another provider, or stop using SiteKeepers Digital's support services.
Where a third-party issue requires additional troubleshooting, replacement, migration, or repair work, additional fees may apply.
Search Engine Optimisation, Analytics, and Advertising
If we provide basic SEO setup, analytics setup, Search Console setup, or advertising support, the Client acknowledges that search engines, social media platforms, advertising platforms, and analytics platforms are third-party systems outside our control.
Unless expressly agreed in writing, we do not guarantee:
Search rankings, traffic, and advertising results may be affected by competition, industry conditions, search engine algorithm changes, website history, content quality, budget, landing pages, user behaviour, reviews, and other factors outside our control.
Domain Names
If we assist with domain registration, renewal, transfer, DNS setup, or domain management, the Client remains responsible for ensuring that domain ownership details, eligibility details, contact details, and renewal details are accurate and kept up to date.
Domain names may be subject to registrar, registry, and auDA policies.
We are not responsible for domain expiry, loss, suspension, transfer delays, eligibility issues, inaccurate registrant information, failed renewals, or DNS issues caused by missing information, unpaid fees, registrar issues, or Client-controlled accounts.
Email and Business Cloud Services
If we assist with Microsoft 365, Google Workspace, mailbox setup, email DNS, SPF, DKIM, DMARC, mail routing, or email troubleshooting, the Client acknowledges that email delivery depends on multiple third-party systems.
We do not guarantee:
The Client remains responsible for mailbox usage, account security, MFA, password hygiene, licensing, billing, and user management unless agreed otherwise in writing.
Suspension and Termination
We may suspend or terminate services where:
- Payment is overdue
- The Client breaches these Service Terms
- The Client fails to provide required access, information, or cooperation
- A website or system presents a security risk
- The Client uses services unlawfully
- The Client uploads or uses malicious, nulled, pirated, infringing, or harmful content
- Continuing the service would create legal, security, operational, or reputational risk
- A third-party provider suspends or terminates a required service
- We are required to do so by law
Where reasonable, we will try to provide notice before suspension or termination. However, urgent suspension may occur without prior notice where required for security, legal, or operational reasons.
The Client remains responsible for all fees due up to the suspension or termination date and for any non-cancellable third-party costs already incurred.
Cancellations
Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot legally be excluded, restricted, or modified.
Project cancellations and refunds depend on the work completed, costs incurred, third-party fees paid, and the stage of the project.
If a project is cancelled after work has started, we may charge for work already completed, time spent, planning, design, development, meetings, research, setup, documentation, administration, third-party purchases, and any non-refundable external costs.
Monthly care plans may be cancelled by providing 14 days' written notice before the next billing renewal date, unless a different cancellation period is stated in your Proposal.
Clients may submit cancellation notices via email to our support address or through any dedicated account dashboard provided by us.
Cancellation of a care plan does not automatically refund work already performed, the current billing period, third-party licences, third-party subscriptions, or external costs already incurred, unless required by law or agreed in writing.
Refunds and Australian Consumer Law
Our services come with guarantees, rights, and remedies that may apply under the Australian Consumer Law.
Nothing in these Service Terms excludes, restricts, or modifies any rights that cannot legally be excluded, restricted, or modified.
If a service has a major failure under the Australian Consumer Law, you may be entitled to cancel the service contract and receive an appropriate refund or compensation under that law.
Where we are legally permitted to limit liability, our liability is limited to one or more of the following:
- Supplying the services again
- Paying the cost of having the services supplied again
- Another remedy required by applicable law
Intellectual Property
Unless agreed otherwise in writing, SiteKeepers Digital owns or retains rights to its business name, logo, brand assets, website content, service descriptions, templates, processes, layouts, internal tools, documentation, design concepts, code libraries, and reusable materials.
Once the final payment has cleared and all agreed project fees have been paid, the Client will generally receive ownership or usage rights for the final approved website content and website files created specifically for that Client, excluding:
All rights not expressly transferred to the Client remain with SiteKeepers Digital or the relevant third-party owner.
Portfolio Use
Unless the Client requests otherwise in writing, the Client allows SiteKeepers Digital to mention the Client's business name and display screenshots, links, or a general description of completed work in our portfolio, proposals, social media, marketing, or case studies.
Note: We will not intentionally publish confidential information, private login details, sensitive business data, or non-public internal information.
Confidentiality
Each party may receive confidential information from the other. Both parties agree to take reasonable steps to protect confidential information and not disclose it except:
- To employees, contractors, advisers, or providers who need the information for the purpose of the services
- With the other party's consent
- Where the information is already public through no fault of the receiving party
- Where required by law
- Where reasonably necessary to protect legal rights, security, systems, users, or business operations
Confidentiality obligations continue after the services end.
Relationship of the Parties
Nothing in these Service Terms creates a partnership, joint venture, employment relationship, agency relationship, or franchise relationship between the parties.
Neither party has authority to bind the other unless expressly agreed in writing.
Limitation of Liability
Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection you may have under Australian law.
To the maximum extent permitted by law, SiteKeepers Digital is not liable for indirect, incidental, special, consequential, or economic loss, including loss of profits, revenue, business opportunity, goodwill, data, rankings, traffic, enquiries, advertising performance, or reputation.
Subject to any rights or remedies that cannot legally be excluded, restricted, or modified, SiteKeepers Digital's maximum aggregate liability for claims connected with the services is limited to the total fees paid by the Client to SiteKeepers Digital for the affected service in the three months immediately before the event giving rise to the claim.
This limitation does not apply where liability cannot legally be limited, including where Australian Consumer Law requires a different remedy.
Indemnity
The Client agrees to indemnify SiteKeepers Digital against claims, losses, damages, costs, expenses, or liabilities arising from:
- The Client's breach of these Service Terms
- Content, images, logos, files, materials, or information supplied by the Client
- The Client's infringement of another person's intellectual property or privacy rights
- Unauthorised access provided or permitted by the Client
- The Client's misuse of services
- Unlawful or misleading content on the Client Website
- Third-party claims connected with the Client's business, website, products, services, or content
- Modifications made by the Client or another provider
- The Client's failure to maintain accounts, licences, renewals, billing, passwords, or access details
Notices
Notices may be sent by email unless another method is required by law or agreed in writing.
Notices to SiteKeepers Digital
Email: support@sitekeepers.com.au
Notices to the Client
Sent to the email address provided in the Proposal, invoice, onboarding form, care plan sign-up, or client account. The Client is responsible for keeping contact details current.
Assignment and Transfer
The Client must not assign, transfer, resell, or otherwise pass on the Services to another person or business without our written consent.
We may assign or transfer our rights and obligations where reasonably necessary as part of a business restructure, sale, change of provider, subcontracting arrangement, or operational change, provided this does not materially reduce the Client's rights under these Service Terms.
Entire Agreement
These Service Terms, together with the relevant Proposal, Terms & Conditions, Privacy Policy, and any written service-specific terms, form the agreement between the parties.
They supersede prior discussions, emails, proposals, or representations to the extent they relate to the same services, unless expressly preserved in writing.
Changes to These Service Terms
We may update these Service Terms from time to time. The updated version will be published on our website with the latest version number and update date.
For active projects or care plans, the version applicable at the time of Proposal approval or renewal will generally apply unless the parties agree otherwise, or unless changes are required by law or are administrative, security-related, or operationally necessary.
Tip: We recommend retaining a dated copy of the Service Terms version that applied when a Proposal or care plan was approved.
Governing Law
These Service Terms are governed by the laws of Victoria, Australia.
Any dispute relating to these Service Terms, the services, or a Proposal will be subject to the courts and tribunals of Victoria, Australia.
Contact
For questions about these Service Terms, contact SiteKeepers Digital:
