Terms of Service & Privacy Policy

Last updated: October 10, 2025

These Terms of Service (“Terms”) govern your use of hosting, maintenance, and related services (“Services”) provided by OpsWP, operated by Milk Bar Marketing (ABN 72 925 267 242) (“OpsWP,” “we,” “our,” or “us”). By using or purchasing our Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you may not use our Services.

Terms

1. Eligibility

You must be at least 18 years old to use our Services. By signing up, you represent that all information you provide is accurate, complete, and current.

2. Use of Services

You agree to use the Services only for lawful purposes and in compliance with these Terms, including our Acceptable Use Policy (Section 10).

OpsWP provides managed WordPress hosting, maintenance, and related professional services. While we take every reasonable measure to ensure uptime and performance, you acknowledge that the Services are provided on an “as-is” and “as-available” basis.

3. Uptime Commitment

OpsWP strives to maintain high availability for all hosting services. We monitor our systems and infrastructure continuously to minimize disruptions.

However, we do not guarantee 100% uptime. Occasional downtime may occur due to maintenance, updates, network issues, or third-party failures.

If your hosting service experiences downtime not caused by your actions or third-party providers, you may be eligible for a 5% service credit for every 6 consecutive hours of downtime, up to a maximum of 50% of your monthly hosting fee. Credits are issued as non-refundable credits toward non-hosting services (e.g., design, maintenance, or consulting), not as cash or payment refunds.

4. Payments and Billing

All Services are billed on a recurring basis (monthly, quarterly, or annually) unless otherwise specified.

Payments are due on the invoice due date.

If payment is not received within 15 days of the due date, your account may be suspended.

If payment remains outstanding after 60 days, your Services will be permanently cancelled, and all data may be deleted.

Reinstatement of suspended or cancelled services (when suspension is not due to OpsWP’s fault) is subject to a one-time restoration fee of AUD $199.

OpsWP is not responsible for any data loss resulting from suspension, cancellation, or non-payment.

5. Refunds and Money-Back Guarantee

We stand by the quality of our Services.

Initial Orders & Renewals: You may request a full refund within 15 days of your initial purchase. Refunds are processed to the original payment method.

Refunds are not offered pro-rata before the end of the billing cycle. However, you have 15 days to request a full refund after the renewal date. 

Downtime Credits: As outlined in Section 3, downtime refunds are issued as service credits toward non-hosting services only.

No Other Refunds: Except as expressly stated above, all payments are non-refundable.

6. Data and Backups

While OpsWP performs regular backups as part of its maintenance services, you are solely responsible for maintaining your own backups. OpsWP is not liable for any data loss, corruption, or restoration issues.

7. Limitation of Liability

To the fullest extent permitted by law:

OpsWP, its owners, employees, and affiliates shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our Services.

OpsWP’s total liability under any claim shall not exceed the amount paid by you for the Services during the three (3) months preceding the claim.

You expressly agree to indemnify and hold harmless OpsWP and its representatives from any and all claims, losses, or liabilities arising from your use of our Services.

You acknowledge and agree that OpsWP cannot be held liable for any damages, downtime, loss of data, or business interruption, whether caused by negligence, force majeure, third parties, or system failures.

8. Suspension and Termination

OpsWP reserves the right to suspend or terminate your Services immediately if:

• You violate these Terms or the Acceptable Use Policy.
• You engage in unlawful or abusive activity.
• Payment remains overdue beyond the grace periods in Section 4.

Termination does not relieve you of any outstanding payment obligations.

9. Changes to Services or Terms

OpsWP may modify, suspend, or discontinue Services (or any part thereof) at any time, with reasonable notice when possible.
We may also update these Terms periodically. Continued use of our Services after such updates constitutes your acceptance of the revised Terms.

10. Acceptable Use Policy (AUP)

You agree not to use OpsWP’s Services for any activity that is illegal, abusive, or harmful to others. Prohibited activities include but are not limited to:

• Illegal Activities: Hosting or promoting material that violates any law or regulation.
• Security Violations: Attempting to access, probe, or disrupt other systems or networks.
• Spam & Unsolicited Email: Sending spam or mass unsolicited communications.
• Malware & Exploits: Hosting viruses, trojans, or any malicious code.
• Resource Abuse: Excessive use of server resources that disrupts other customers.
• Copyright Infringement: Distributing or hosting copyrighted material without proper authorisation.
• Deceptive Practices: Engaging in phishing, impersonation, or fraud.
• Offensive Content: Hosting or distributing hate speech, harassment, or adult material in violation of applicable laws.

OpsWP reserves the right to suspend or terminate accounts found violating this policy, without refund.

11. Governing Law

These Terms are governed by and construed under the laws of Victoria, Australia, without regard to conflict-of-law principles.
You agree to submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising under these Terms.

12. Contact

For questions regarding these Terms, please contact:

Email: [email protected]

Privacy