Terms & Conditions

Last updated: 18 October 2025

Terms & Conditions

These Terms form a legally binding agreement between ardakara .NET (“we”, “us”, or “our”) and you, the client (“you” or “your”), for the supply of website design, hosting, and maintenance services on a subscription basis.
By confirming a proposal, subscribing to a plan, or paying any related fee, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Nature of the Service

We provide a fully managed website subscription service, which includes the design, build, hosting, maintenance, backups, and ongoing technical management of your business website.

You are subscribing to continued access and management of your website.
You are not purchasing ownership of the website, source code, design files, databases, or hosting infrastructure. All such materials remain our property.

2. Minimum Term and Renewal

  • Each subscription has a minimum commitment of 12 months from the service start date.
  • After the initial term, your subscription continues month-to-month until cancelled in writing.
  • Early termination before the end of the minimum term incurs a buy-out fee equal to the remaining monthly fees for that term.
  • Cancellations take effect at the end of the current billing cycle and must be lodged in writing (email is sufficient).

3. Fees and Payment

  • The monthly subscription fee of $199/month is billed in advance and must be paid by the due date shown on the invoice to keep your service active.
  • If payment is not received by the due date, the service will be automatically suspended without notice.
  • If payment remains outstanding for 5 days after suspension, the service may be permanently terminated and all website data deleted.
  • Work outside the included monthly service scope is billed at $125/hour (ex GST).
  • All fees are in Australian dollars and exclude GST unless otherwise stated.

4. Ownership and Intellectual Property

  • All intellectual property in the website’s design, code, framework, hosting setup, and underlying systems remains the exclusive property of ardakara .NET.
  • While your subscription is active and fully paid, you receive a non-exclusive, non-transferable licence to use and display the website.
  • This licence automatically ends if your subscription is cancelled or suspended.
  • You retain ownership of your own supplied materials (such as text, images, and logos).
  • Upon request and prior to cancellation, we can provide a copy of your supplied materials (text and images only) after all fees are settled.
  • The website as a whole—including theme, structure, layout, and functionality—cannot be copied, replicated, or hosted elsewhere without our written consent.

5. Domains and Hosting

  • Domains registered or managed through us are held in our account for technical administration during the subscription period.
  • Domains can be transferred to you once all outstanding invoices and the minimum-term obligation are fully paid.
  • Hosting, DNS, and SSL services are delivered through reputable third-party infrastructure providers with daily monitoring, backups, and security maintenance.

6. Maintenance, Backups, and Support

  • Your subscription includes up to 1 hour per month of client-requested content changes or support, billed in minimum 15-minute blocks.
  • Time beyond the included hour is billed in full 1-hour blocks at $125/hour (ex GST).
  • Routine maintenance tasks—including plugin, theme, and platform updates, security patches, backups, and system monitoring—are included as part of the managed service and do not count toward the monthly support allowance.
  • We aim to resolve reported technical issues and perform necessary re-supply or maintenance work within 10 business days of notification, depending on complexity and urgency.
  • Automated daily backups are retained internally for disaster-recovery purposes and may be used to restore your website if required.
  • Backups are not provided for download.

7. Suspension and Termination

We may suspend or terminate your service immediately if:

  • payments are overdue,
  • you breach these Terms, or
  • your website content is illegal, offensive, or infringes any rights.

Upon termination:

  • access to the website, hosting, and email (if applicable) will cease,
  • all data may be permanently deleted, and
  • your licence to use the website will automatically end.

Termination does not release you from any outstanding fees or contractual obligations.

8. Liability and Warranties

To the maximum extent permitted by law:

  • We exclude all implied warranties except those required by the Australian Consumer Law (ACL).
  • We are not liable for any indirect, incidental, or consequential loss — including loss of profit, revenue, data, or goodwill — or for downtime or disruptions caused by third-party providers or internet issues.
  • Our total liability for any claim arising from this agreement is limited, at our discretion, to either:
    (a) re-supplying the services, or
    (b) paying the cost of having the #services re-supplied.

Nothing in these Terms is intended to exclude or limit rights that cannot be excluded under the ACL.

9. Client Responsibilities

You agree to:

  • provide accurate and lawful content for your website,
  • ensure you hold appropriate rights or licences for all materials supplied, and
  • respond promptly to requests for content, approvals, or information during the project.

You must not upload or request us to host material that is defamatory, obscene, misleading, or otherwise unlawful.

10. Amendments to These Terms

We may update these Terms periodically.
The latest version will always appear at ardakara.net/terms.
Continuing to use our services after an update constitutes your acceptance of the revised Terms.

11. Governing Law

These Terms are governed by the laws of Victoria, Australia.
Both parties submit to the exclusive jurisdiction of the courts of Victoria.

12. Contact

ardakara .NET (ABN 83 237 361 561)
Contact: Contact Form

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