Last updated: 29/07/2025
These Terms and Conditions (“Agreement”) govern your use of our web hosting services (“Services”) provided by Defo IT Solutions Pty Ltd trading as Defo Web Services (“we,” “us,” or “our”). By using our Services, you (“Client,” “you,” or “your”) agree to be bound by this Agreement.
1.1 We offer managed and unmanaged web hosting services including, but not limited to, virtual server infrastructure, domain management, website maintenance and technical support.
1.2 The scope of services depends on your selected plan and may include usage limits such as storage, bandwidth, and support hours.
1.3 We reserve the right to modify or discontinue any Service with or without notice.
1.4 The following services are included as a minimum for all managed hosting plans. These may be expanded as needed but will not be reduced below the stated baseline:
1.5 Plan Modifications
We reserve the right to modify the features, inclusions, or structure of hosting plans at any time. However, clients will never receive less than what was included at the time of their original subscription, unless changes are mutually agreed upon or required by law. Any modifications will either maintain or improve the value of the plan for existing customers.
2.1 You agree to provide accurate and current information when registering for Services.
2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 You must notify us immediately of any unauthorised use of your account or any breach of security.
3.1 Fees are billed in advance and are non-refundable unless otherwise specified. The billing period for each plan is defined at the time of subscription. No refunds will be issued for cancellations made before the end of a billing cycle. This does not affect your rights under Australian Consumer Law.
3.2 If an invoice remains unpaid for more than 14 days after the due date, the associated hosting plan and any linked services will be suspended. If payment is not received within 30 days of the original due date, the hosting plan will be terminated, and all associated services and data — including websites — will be permanently deleted.
3.3 We reserve the right to modify our pricing structure with reasonable prior notice.
4.1 You agree not to use our Services for any unlawful purpose, including but not limited to hosting or distributing:
4.2 We reserve the right to suspend or terminate your Services if you violate our Acceptable Use Policy.
4.3 Fair Use Clause
All services are subject to fair use. Excessive or unreasonable use of server resources that negatively impacts other clients or the stability of our hosting environment may result in resource restrictions, service suspension, or additional charges. We reserve the right to determine what constitutes fair usage based on server load, traffic patterns, and overall service integrity.
5.1 Backup Retention
5.2 Backup Recovery
Site recovery is limited to restoring the entire site from the most recent viable backup within the retention period. We are not responsible for restoring specific files, databases or content. Our responsibility is strictly limited to full-site restoration using the most recent viable backup available within the backup set. Recovery beyond the scope defined in these terms will attract a fee.
5.3 Responsibility and Scope – Non-Managed Plans
Support for non-managed plans is limited to ensuring general service availability and the ability to recover from the most recent viable backup. We are not responsible for the upkeep, maintenance, or security of individual websites.
Our responsibility is limited to the platform’s availability, reliability, and security (e.g., server infrastructure and hosting environment).
Any services outside of this scope — such as malware cleanup, software updates, or site troubleshooting — will be quoted separately and billed in addition to your hosting plan.
6.1 We strive to maintain a high level of uptime and performance, but we do not guarantee uninterrupted service.
6.2 Scheduled maintenance may result in temporary unavailability and will be communicated in advance where possible.
7.1 To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of or inability to use our Services, including but not limited to:
7.2 You expressly agree that use of our Services is at your sole risk.
7.3 Statutory Consumer Rights
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law. Where our Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited to, at our discretion, the resupply of the Services or the payment of the cost of having the Services supplied again.
You agree to indemnify, defend, and hold harmless Defo Web Services, its affiliates, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of the Services, including any violation of this Agreement.
9.1 You may terminate your hosting plan at any time by cancelling your subscription via the client portal, support ticket, email or phone call. For security purposes, additional verification may be required for email or phone-based cancellation requests.
9.2 We may terminate or suspend Services immediately for violations of this Agreement or applicable laws.
9.3 Upon termination of your plan, all data associated with your account will be deleted after a 14-day retention period.
We reserve the right to update these Terms at any time. Continued use of the Services after such changes constitutes your acceptance of the new Terms.
This Agreement shall be governed by and construed in accordance with New South Wales and Australian laws. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
12.1 From time to time, we may offer promotional pricing or limited-time specials. These offers are valid only within the advertised timeframes or as explicitly stated in the promotion’s terms.
12.2 Promotional pricing applies solely to new purchases or service activations made during the specified promotional period. Renewals, upgrades, or plan changes may not qualify unless expressly stated.
12.3 We reserve the right to cancel or suspend any service obtained through a promotion if we determine that:
12.4 Promotional services are subject to all standard terms and limitations outlined in this Agreement unless otherwise stated. This clause does not limit your rights under Australian Consumer Law.
All content, trademarks, and code provided by the client remain their intellectual property. However, any proprietary tools, software, or configurations developed by us for hosting or managing services remain our intellectual property.
We are committed to protecting your privacy. Any personal data you provide will be handled in accordance with our Privacy Policy. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). You are responsible for ensuring your website’s compliance with applicable data protection laws (e.g., GDPR, APPs).
We are not responsible for the performance, compatibility or security of third-party themes, plugins, or integrations installed on your website. Use of such tools is at your own risk.
As part of our hosting service, we may provide access to certain premium or professional third-party plugins at no additional cost. These plugins are developed, maintained, and updated by their respective vendors. While we assist in provisioning and maintaining the licensed versions of these plugins (where provided by us), we are not responsible for their internal functionality, compatibility with your website, or any issues arising from updates or changes made by the plugin developers.
For clients subscribed to our Managed WordPress Service, the following features are included as part of the plan:
Plugin updates are performed according to a defined schedule. While we exercise due diligence to minimize disruptions, we cannot guarantee that newer plugin versions will not introduce conflicts with site components or custom code. It is the client’s responsibility to thoroughly review and test the full functionality of their website following any updates.
Monthly reports may include recommendations for issues requiring attention such as outdated themes (due to licence expiry or other technical issues), plugin vulnerabilities (due to licence expiry or other technical issues) or expired third-party licenses. If a client fails to act on these recommendations and an issue arises as a result, we reserve the right to charge for any necessary recovery or repair work.
Our support team assists with server-related issues and core hosting functions. Assistance with website design, custom development, third-party software, or non-hosting issues is not included and may be billed separately.
Support can be accessed through the client portal, support ticket system or email. For clients on Managed Hosting plans, priority support response times apply. For others, response times may vary based on workload and issue severity.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We shall not be held liable for any failure or delay in the performance of our obligations due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, power or internet outages, cyberattacks, pandemics, labour disputes, or actions of governmental authorities.
