Terms of Service

Table of Contents

    Last modified on 01 September 2020

    Staqify Australia Pty Ltd ACN 613 518 059 ("WP Staq") provides web hosting solutions specifically for websites powered by WordPress for our customers in Australia.

    The website and service is operated and provided by WP Staq. Please read the Terms of Service ("Terms") carefully. If you have agreed to use our service, this signifies that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of our website and any of our services immediately.

    1. Acceptance

    Acceptance is deemed to mean the following:

      • verbal or written confirmation to WP Staq;

     

      • verbal or written confirmation to a third party such as an agency, developer, freelancer or someone else ("representative") that is assisting you with a service on WP Staq;

     

      • continuation of our services; or

     

      • clicking to accept or agree to the Terms where this option is made available to you in the user interface or from an email.

     

     

    2. Registration

    Registration of our service is through direct or indirect channels. Direct channel means that you have specifically signed up to our service by creating an account with WP Staq.

    Indirect channel means a representative has registered service with WP Staq and made available your WordPress website on WP Staq.

    Irrespective of what channel you are categorised as, either yourself or your representative has provided your details. You may be invited by your representative, via an automatic email from WP Staq to provide additional information.

    You warrant that any information you give to WP Staq in the course of completing the registration process or account process is correct.

    3. Your Obligations

    If you are provided with an account, it is your sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

    In the event of unauthorised use of your password or email address or any breach of security of your WP Staq account, you agree to notify us immediately.

    Access and use of the Service is limited, non-transferable and allows for the sole use of the Services by you for the purposes of WP Staq providing the Services.

    4. Service

    WP Staq provides managed WordPress hosting services with the architecture powered by Amazon AWS. WP Staq utilises Amazon AWS data centers and technology to power its platform. WP Staq manages all servers that it subscribes to under its Amazon AWS account and provides a proprietary platform that manages all websites in the interface.

    WP Staq is responsible for:

      • maintaining uptime of the servers;

     

      • maintaining PHP versions on the servers;

     

      • maintaining the plugins or maintaining the updating of plugins that it adds as a "Platform" plugin. This means any plugin that WP Staq uploads to its admin account is made available to everyone;

     

      • maintaining the services and features that WP Staq subscribes to with Amazon AWS, including the integration of those services into the WP Staq platform;

     

      • the WP Staq platform itself, including, all features that it mentions throughout its website;

     

      • managing security, including DDOS mitigation; and

     

      • installing the latest WordPress version on WP Staq in which this will be rolled out to all websites (websites do have the option of changing the WordPress version at their risk).

     

    This is defined as Service or Services throughout this Terms of Service.

    5. Support

    WP Staq does provide support to its customers. A customer is defined as someone that has an active service with WP Staq.

    Support includes the following only:

      • DNS assistance if the domain URL is connected to or intended to be connected to a WordPress website hosted on WP Staq;

     

      • CDN deployment;

     

      • Taking your website live by using the features found in WP Staq platform;

     

      • Debugging any issue using the tools found in WP Staq only; and

     

      • If the website goes down (we have real-time notification systems in place that will instantly advise us if your website goes down for us to review and take action, if necessary and as long as it does not go against the term found under Exclusions, below).

     

     

    6. Exclusions

    WP Staq is not responsible for designing, building or maintaining the design, function, plugin or theme of the actual website hosted on WP Staq. If you had an agency, developer or freelancer build your website, it is best to contact them if you have any issues with your website or require any form of updates.

    If you had a feature that used to work but is no longer working due to the plugin or theme not being compatible with the latest versions of PHP or WordPress, it is your responsibility (or your developer) to update it or find an alternative. In order to maintain integrity and security, we cannot support depreciated or out of date software.

    If we are requested to or required to debug an issue, our service is limited to debugging the said issue only. It does not include rectifying the debugged issue.

    We stress that in order to maintain the security and integrity of the WP Staq platform, if you are using out of date plugins or any theme that isn't compatible with the latest server (PHP) or WordPress versions on WP Staq, we will not be held responsible to modify our Service to cater for such issues. It is your responsibility to find and implement an alternative solution.

    7. Your Obligations

    As a user of the WP Staq Services, you agree to:

      • use WP Staq for its purpose only as permitted by the Terms;

     

      • any applicable law, regulation or accepted practices or guidelines in the relevant jurisdiction;

     

      • protect your information, including email and password and in the event that your email or password is compromised in general, you agree to immediately advise of your breach; and

     

      • not use the Services for any illegal and/or unauthorised use which includes collecting email addresses, or link to any illegal website, function or service.

     

     

    8. Payment

    Either WP Staq or the representative may ask you to pay for the Service.

    All payments made in the course of your use of the Services are made using Stripe if they elect to use the WP Staq billing system.

    9. Intellectual Property

    Either we are the intellectual property rights owner or have been granted licence to use the WP Staq trademark, copyright, trade secrets, know-how and source code that powers the Services. We do not transfer any ownership or provide you exclusive rights to the Services.

    We grant you a non-exclusive, royalty-free, revocable licence to use our Service as intended as part of the Terms.

    10. Termination by you

    If you wish to terminate our Services, all you have to do is go to WP Staq platform and delete the website. This will automatically unsubscribe you from the Services. You will be charged for the uncharged usage between the commencement of the service or at the last invoice (whichever comes first) and the date of deletion.

    You will receive a notice via email that your services have been terminated.

    11. Termination by us

    WP Staq may at any time, terminate the Terms with you if:

      • you have breached any provision of the Terms or intended to breach any provision;

     

      • we are required to by law;

     

      • you breach any intellectual property rights of the owner or there is alleged intellectual property and this results in potential ramifications for WP Staq as the hosting provider that hosts the content;

     

      • the provision of the Services that we provide to you is, in our opinion, no longer commercially viable and you have not actioned our recommendation to move across to an adequate service or plan; or

     

      • you have caused harm to us, whether directly or indirectly.

     

     

    12. General

    Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    Subject to this clause, and to the extent permitted by law:

      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

     

      • WP Staq will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

     

    The use of the Services is at your own risk. We will do everything that we can keep our Services as pleasant as possible. The Services provided to you are provided on a "as is" basis and "as available" basis without warranty or condition of any kind. WP Staq, including its directors, officers, employees, agents, contributors, licensors do not make any express or implied representation or warranty about the Services.

    13. Limitation of Liability

    WP Staq's total liability arising out of or in connection with the Services under these Terms, including under contract, torts or equity is limited to and will not exceed the resupply of the Services to you and will be provided to you at a no admission to liability basis.

    In the event that your website goes down or is compromised due to, but not limited to:

      • a weak password;

     

      • an outdated plugin or theme;

     

      • an outdated version of WordPress

     

      • a current version of WordPress

     

      • a current plugin or theme; or

     

      • a vulnerable plugin or theme that is susceptible to being compromised,

     

    then, WP Staq, its directors, associates, employees and licensors cannot be responsible and will not entertain such consideration by reimbursing you the cost of resupplying the Services to you, unless at their discretion at a no-admission to liability basis.

    You expressly understand and agree that WP Staq, its directors, employees, agents, affiliates, associates, contributors and licensors shall not be liable to you for any direct, indirect, incidental, exemplary or any other form of remedy or damages arising out of the use of our Services. This further includes, but is not limited to, any loss of indirect or direct profit, loss of goodwill or business reputation or any other loss.

    14. Acknowledgements

    You acknowledge that there are third party services, infrastructure, scripts, programs and the like that WP Staq uses and subscribes to. From time to time, there may be an outage that may affect the Services which is beyond our control. In that event, you acknowledge and agree that WP Staq is not responsible for this but we will endeavour to do our best and within reason to remedy this issue, whether it is to deal with those provider/s or to find an alternative.

    15. Our Rights

    In the event that either your account or website hosted by WP Staq has received a complaint for abuse that has ramifications for WP Staq as the hosting provider i.e. the website in question has alleged intellectual property infringement, we have the unfettered right to delete, hide or remove the content from the website without seeking your approval.

    16. Indemnity

    In the event that we are hosting your website as part of the Service and your website is found to be in breach which implicates us as the hosting provider, you agree to indemnify WP Staq, its affiliates, associations, employees, agents, directors, contributors or any third party from and against all actions, suits, claims, demands, liability, costs, expenses, loss and damage, including all administrative and legal fees or cost orders, incurred, suffered or arising out of or in connection with using our Services.

    You further agree to indemnify WP Staq, its affiliates, associations, employees, agents, directors, contributors or any third party if you breach the Terms.

    17. Severance

    In the event that a part or any parts of these Terms are found to be void or enforceable by any form of remedy, that part shall be severed and the rest of the Terms shall remain in force.

    18. Jurisdiction

    The terms are governed by the laws of Australia.