Hosting agreement

This agreement

This is an agreement between the client (you) and Caffeine Powered Digital (we/us). It covers the hosting of your website as outlined in the Plan Summary below. These terms remain in effect until the agreement is updated, or it is voided as per the Termination of Service section.

Hosting plan summary

The most up-to-date version of your hosting plan can be found at our website: https://caffeinepowered.com.au/hosting. We include the name of your plan on your invoices.

Fair use

To ensure equitable access to services for all clients, we operate a fair use policy. This means that service is provided on a ‘best effort’ basis. We reserve the right to refuse unreasonable or unworkable requests.

The fair use policy also applies to website availability. Server resources are shared, and large or unexpected volumes of traffic can lead to speed or availability issues. In these situations, we can either temporarily upgrade your website’s capacity, or recommend a more suitable ongoing plan.

Definition of support

This hosting agreement makes a regular allowance for support. The scope of this support is limited to any activity which is (1) reasonably related to the hosting and maintenance of your web site, (2) within our capability, and (3) possible within your allocated support quota.

We cannot guarantee support for third party software (such as plugins or themes). If such software requires support, we will contact the relevant software provider on your behalf, within the scope of service.

Unused support hours do not ‘roll over’ to the following month and are forfeited if not used. This includes any additional support hours purchased.

Provision of support

Regular support hours are Monday to Friday, 9am to 5pm Brisbane time. The preferred channel for support requests is email.

Urgent requests outside of support hours can be made via text message or phone call. We will respond and action your request as soon as is reasonably practical.

From time to time support may be unavailable, for example, to provision annual leave. In this case we will organise an alternative contact for urgent, service-critical support and provide contact information on request (usually via an auto-reply email).

Termination of service

If you wish to terminate this hosting agreement, you may do so in writing at any time.

Plans paid annually will receive a full refund if cancelled within 7 days of payment. After this time no refund is available, but your plan will remain active until the end of the hosting period.

Plans paid monthly are not eligible for any refund but the service will remain active until the end of the hosting period.

On request, we can provide any database or files required to migrate your site to a new hosting provider. Migration or setup on a new hosting provider is not covered under your support plan.

If for some reason we need to terminate your service, as much as possible, we will provide written notice giving adequate time to make other arrangements. We will provide a refund prorated to the remaining hosting period, or keep the service open until the end of the service period, at our discretion.

Payments

Your renewal invoice will be issued approximately 14 days before the renewal date. If payment is not received by the renewal date, your hosting plan may be suspended or terminated at our discretion. No warranty is made for data or business lost in this situation.

Backups

Your hosting service will automatically take backups from time to time and retain them for up to 30 days on an external server. Access to these backups is via a support request as outlined in the Definition of Support above.

Security

We will take commercially reasonable steps to protect your website and its data. While we implement standard security measures and best practices, we cannot guarantee complete protection against all security threats. You acknowledge that no system is entirely secure, and we recommend engaging a dedicated website security professional if you require additional protection.

Limitation of liability

We will use commercially reasonable efforts to ensure your website remains available and secure. However, you acknowledge that websites and online services may experience interruptions, delays, or errors beyond our control. To the maximum extent permitted by law, Caffeine Powered Digital’s liability for any claim arising from hosting services is limited to the fees paid by you for the affected service during the twelve (12) months preceding the event. We are not liable for any indirect, incidental, consequential, or special damages, including loss of revenue, profits, data, or business opportunity.