WordPress Hosting Agreement
This Hosting Agreement ("Agreement") is between B Creative Studio ("BCS") and the client purchasing a WordPress Hosting Plan ("Client"). It applies to all hosting plans purchased through bcreativestudio.au.
1. Services Provided
BCS will provide managed WordPress hosting services as outlined in the selected plan. This includes:
- Configuration and setup of the hosting environment
- WordPress installation
- DNS record management
- PHP version management and server-side compatibility updates
- Uptime monitoring and first-response support if the site goes offline
Hosting services do not include website maintenance, content updates, plugin or theme updates, security scans, SEO work, or design changes. These are covered separately under BCS's WordPress Maintenance Plans.
2. Underlying Provider
BCS provides hosting infrastructure in partnership with SiteGround. By entering into this Agreement, the Client acknowledges that SiteGround's Terms of Service apply to the underlying hosting infrastructure. The Client is encouraged to review the following SiteGround policies:
BCS acts as the primary point of contact and manages the relationship with SiteGround on the Client's behalf.
3. Fees and Payment
Hosting fees are charged annually in advance. All prices are in Australian dollars and include GST in accordance with Australian GST legislation.
BCS will issue an invoice and payment reminder at least 30 days before the renewal date. Payment is due before the renewal date to ensure uninterrupted service.
If payment is not received by the due date, BCS reserves the right to suspend hosting services after providing 7 days' written notice. BCS is not liable for any loss or disruption caused by suspension due to non-payment.
4. Pricing Adjustments
Hosting fees may be adjusted annually to reflect changes in SiteGround's pricing or BCS's service fees. BCS will provide at least 30 days' written notice of any increase. If the Client does not wish to continue at the revised price, they may terminate this Agreement in accordance with clause 5 before the new fee takes effect.
5. Term and Termination
This Agreement begins on the date of sign-up and continues on an annual basis until either party provides written notice of termination via email to hello@bcreativestudio.au.
Either party may terminate with 30 days' written notice. On termination:
- BCS will provide reasonable assistance to migrate the Client's website to a new hosting provider upon written request
- Migration and transfer costs are not included in the hosting fee and will be quoted separately
- No refund will be issued for any remaining portion of a prepaid annual period, except where required under the Australian Consumer Law
6. Client Responsibilities
To allow BCS to deliver the hosting services, the Client agrees to:
- Pay hosting fees by the due date each year
- Notify BCS promptly of any changes to their domain or DNS requirements
- Not make changes to the hosting environment, server configuration, or DNS settings without prior written approval from BCS
- Ensure their domain name registration remains current — domain registration is not included in this service unless expressly agreed in writing (see auDA: Understanding Domain Names)
7. What Is Not Included
This Agreement does not include:
- Website maintenance, plugin updates, theme updates, security scans, or content changes
- Repair of websites compromised, hacked, or infected before sign-up or due to causes outside BCS's control
- Issues caused by changes made to the website, hosting environment, or DNS by the Client or any third party other than BCS
- Domain registration or renewal fees
- Email hosting
- Any work outside the scope of the selected plan, which will be quoted separately at BCS's current hourly rate
For website maintenance, plugin updates, security monitoring, and content support, see BCS's WordPress Maintenance Plans.
8. Limitation of Liability
BCS will use commercially reasonable efforts to maintain hosting uptime and performance. To the maximum extent permitted by law, BCS is not liable for:
- Downtime, data loss, or performance issues caused by SiteGround or any third-party infrastructure provider
- Interruptions caused by circumstances beyond BCS's reasonable control, including power outages, natural disasters, cyberattacks, or government action
- Loss of business, revenue, or data arising from hosting interruptions, regardless of cause
- Issues resulting from changes made to the site or server by the Client or any third party
Nothing in this Agreement excludes or limits any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot lawfully be excluded.
9. Data and Privacy
BCS will maintain access to the Client's hosting account solely for the purpose of delivering the services in this Agreement. BCS will not share the Client's hosting credentials, account details, or website data with any third party, except SiteGround as the underlying infrastructure provider.
BCS handles personal information in accordance with the Australian Privacy Act 1988. For more information, refer to BCS's Privacy Policy.
10. Force Majeure
Neither party will be in breach of this Agreement for delays or failures caused by events beyond their reasonable control, including natural disasters, internet outages, hosting provider failures, cyberattacks, or government action. The affected party will give prompt written notice and use reasonable efforts to minimise the impact.
11. Governing Law
This Agreement is governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland, and both parties consent to the jurisdiction of those courts. For information on your rights as a consumer, visit the Australian Competition and Consumer Commission (ACCC).
By signing up for a BCS WordPress Hosting Plan, the Client confirms they have read, understood, and agreed to the terms of this Agreement. For questions, contact hello@bcreativestudio.au.
