Website Hosting Terms of Service

If you have accepted a proposal from us (Proposal) or have otherwise consented to us hosting a website for you (Website Hosting Services) the following terms will apply.

The Website Hosting Services will apply to the website identified in the Proposal or any website hosted on your behalf on our server (Your Website).

The total fees and method of payment for the Website Hosting Services is contained in the Proposal or as otherwise communicated to you in writing.

By accepting, or continuing to accept, Website Hosting Services from us in accordance with the Proposal, or otherwise, you agree, without limitation or qualification, to be bound by and to comply with these terms.

Third Parties

You acknowledge that we may engage third parties to provide or enable elements of the Website Hosting Services, provided that we are responsible to you for the performance of such third parties as if we performed the Website Hosting Services ourselves.

Preferred Hosting Provider

We provide the Website Hosting Services for our client websites on the platform provided by our preferred hosting provider WPEngine (WPEngine) or such other hosting provider we decide upon at our absolute discretion.

Service Levels

In relation to the Website Hosting Services we provide for Your Website and based on our Service Level Agreement (SLA) with WPEngine we endeavor to have 99.95% uptime.

The SLA with WPEngine can be viewed here – https://wpengine.com.au/legal/sla/

We will provide the Website Hosting Services in accordance with the terms of the Proposal and the SLA.

You shall use the Website Hosting Services solely for the purpose of hosting your website and in accordance with any Terms of Service or Acceptable Use Policy of WPEngine.

The WPEngine Terms of Service can be viewed here – https://wpengine.com.au/legal/terms-of-service/ and the Acceptable Use Policy can be viewed here – https://wpengine.com.au/legal/aup/

You will provide us with all information, assistance, and materials reasonably required for our ongoing provision of the Website Hosting Services and/or compliance with the WPEngine Terms of Service or Acceptable Use Policy.

Server Maintenance

From time to time (as set out in the SLA) the server may not be available; this can be due to Scheduled Maintenance or Emergency Maintenance.

• Scheduled Maintenance includes any maintenance performed out of normal business hours for which WPEngine provides reasonable notice or coordination in advance of the maintenance.
• Emergency Maintenance means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems, including your website.

We will do everything we can to ensure that your website is available in accordance with the terms of the SLA, if we fall short of this, we’ll advise you as soon as we can and come and talk to you about it.

Transfer of Website

At the end of any agreement concerning the hosting of your website you are free to transfer your website to another hosting provider, provided all fees due to us have been paid.

If your website is copied or transferred, you request it to be transferred or the domain name records are changed to point to another server before the end of any agreement concerning the hosting of your website all fees payable for the remainder of the term under the agreement will immediately become due and payable. We are under no obligation to facilitate the transfer of your website until all fees due to us have been paid.

To facilitate the transfer of the website we may at our absolute discretion, upon receipt of a written request and payment of our fees, provide you with a backup of your website including the following:

• WordPress core files
• Themes
• Plugins
• Database

You are solely responsible for transferring your website and all its content to another hosting provider following the termination of any agreement between us or otherwise. We will not transfer your website or any of its content to another provider. If you do not transfer your website or its content off our servers, after we have requested you to do so, we will delete all the content and we will not be able to provide a you with a copy.

The fee payable for facilitating the transfer of your website and/or the subsequent removal of your website from our servers and administration systems is $500.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of  Lift Legal Marketing or Active Legal Media under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.