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Webeasy Pty Ltd – Terms of Service
Welcome to WebEasy. By accessing, purchasing, or using our Website Design, Website Hosting, or Website Maintenance Services, you (the "Client") agree to be bound by these Terms of Service. These Terms of Service constitute a legally binding contract between the Client and Webeasy Pty Ltd (ACN: 149 976 330 / ABN: 37 149 976 330) (referred to as "WebEasy", "we", "us", or "our"). If you do not agree to these terms, you must not use our services.
1. Website Design & Development
    • 1.1 Client Review: Upon completion of a website design project, the Client will have a set review period to request adjustments as outlined in their original brief.
    • 1.2 Final Sign-Off: Once the Client signs off on the design or requests the website to be launched ("go live"), the design project is deemed complete and successful. Subsequent layout or design modifications are subject to additional fees or must be covered under an active Maintenance Plan.

2. Website Hosting Services
    • 2.1 Infrastructure: WebEasy utilizes high-quality third-party server infrastructure (such as Servers Australia) to provide hosting services. However, WebEasy does not guarantee 100% server uptime or uninterrupted service.
    • 2.2 Pure Brochure Hosting Only: Our hosting environments are optimized exclusively for standard, information-based "brochure" websites. WebEasy strictly prohibits the storage or processing of sensitive user databases, customer credit card records, or medical/health records on our servers.
    • 2.3 Backups: While WebEasy performs regular automated backup routines via cPanel and cloud storage, data backups remain the ultimate legal and technical responsibility of the Client. WebEasy accepts zero liability for any data loss, corrupt backups, or missing files.

3. Website Maintenance & Support Plans
    • 3.1 Scope of Maintenance: Our Maintenance Plans cover basic, routine technical updates, including updating core CMS files (such as WordPress), themes, and third-party plugins to preserve website functionality.
    • 3.2 Third-Party Conflicts: WebEasy does not control third-party software developers. If an update to a plugin, theme, or core file causes a website feature to break, glitch, or alter the site's layout, WebEasy is not liable for the malfunction. Repairing third-party code conflicts falls outside standard maintenance and will be billed at our standard hourly technical rate.
    • 3.3 No Guarantee Against Security Breaches: While regular maintenance and updates significantly reduce technical vulnerabilities, WebEasy cannot guarantee that a website is entirely immune to hacking, malware infections, or search engine blacklisting. In the event of a security breach, WebEasy can assist with site restoration using available backups; however, this service falls outside the scope of standard maintenance and will be charged at our standard hourly rates. Furthermore, WebEasy assumes no liability for any direct or indirect damage to the Client’s business reputation, brand, or revenue resulting from such incidents.

4. Absolute Limitation of Liability
    • 4.1 Financial Liability Cap: To the maximum extent permitted by the Australian Consumer Law, the total collective liability of Webeasy Pty Ltd (including its directors, employees, and subcontractors) to the Client for any breach of contract, technical failure, server downtime, data loss, website defacement, or negligence is strictly capped at a maximum total amount equal to the fees actually paid by the Client to WebEasy Pty Ltd for hosting services during the twelve (12) months immediately preceding the event giving rise to the liability.
    • 4.2 Exclusion of Consequential Loss: Under no circumstances shall WebEasy Pty Ltd be liable to the Client or any third party for any indirect, incidental, or consequential damages. This explicitly includes, but is not limited to, lost profits, lost business revenue, business interruption, loss of data, loss of business reputation, or search engine de-indexing, even if WebEasy Pty Ltd was advised of the possibility of such damages.

5. Subcontracting and International Management
    • WebEasy Pty Ltd reserves the right to engage third-party technical engineers, server administrators, and international subcontractors (including overseas server management teams) to perform support, server maintenance, and troubleshooting. The Client agrees that WebEasy Pty Ltd’s liability limits under Section 4 apply identically to any actions taken by our subcontractors.

6. Termination of Service
    • Either party may terminate hosting or maintenance agreements by providing thirty (30) days' written notice via email. Upon termination, cancellation, or non-payment of invoices past their due date, WebEasy Pty Ltd reserves the right to immediately suspend or permanently delete the website, files, emails, and all associated data from our servers without liability for data loss.

7. Governing Law & Jurisdiction
  • These Terms of Service are governed exclusively by the laws of Queensland, Australia. Any legal disputes arising from our services must be handled exclusively within the courts of Queensland.