Effective Date: April 13, 2024
1. Services
1.1 Web Hosting
We provide web hosting services including shared, VPS, dedicated, cloud, and managed environments, as outlined on our website or in any agreed proposal.
1.2 Professional Services
Professional services may include:
- Website development and support
- Server administration and custom setup
- Application configuration
- Security consultation
- Technical strategy and migration support
2. Client Responsibilities
You agree to:
- Provide accurate and up-to-date contact and billing information
- Secure your login credentials and access points
- Regularly back up your content, unless expressly included in your plan
- Use the Services in compliance with Australian laws and our Acceptable Use Policy
You must not:
- Engage in malicious activity including hacking or distributing malware
- Host unlawful, abusive, or infringing content
- Use the Services in a way that negatively impacts others or our infrastructure
3. Payment and Billing
You agree to pay all fees in accordance with published pricing or your agreement. All prices are in AUD and include GST unless stated otherwise.
Invoices are due on the date specified. Late payment may result in suspension or termination. All sales are final unless agreed otherwise in writing.
4. Support and Uptime
We aim to provide high availability, but unless covered by a specific SLA, uptime is not guaranteed.
Support is available during business hours (AEST) via our support portal or email. Emergency support may be available depending on your plan.
5. Termination
We may suspend or terminate Services if you:
- Breach these Terms or the law
- Fail to pay invoices
- Pose a risk to our systems or reputation
You may cancel at any time. Data may be deleted 30 days after cancellation.
6. Privacy Policy
We collect and use your data in accordance with the Privacy Act 1988 (Cth) and other Australian privacy regulations.
Data we may collect:
- Contact and billing information
- IP addresses and logs
- Usage and analytics data
- Support communication
We do not sell your data. It may be shared only with providers necessary to deliver our Services, under strict confidentiality.
7. Data Retention
- Active clients: Data retained for the duration of your service
- Backups: Retained 7–30 days based on your plan
- Billing and legal compliance: Retained for up to 7 years
Data may be permanently deleted 30 days after cancellation. Deletion requests may be subject to legal or operational limitations.
8. Disclaimer of Warranties
All Services are provided “as is” and “as available.” We make no warranties regarding:
- Fitness for a particular purpose
- Merchantability or availability
- Accuracy, uptime, or security
9. Limitation of Liability
To the extent permitted by Australian law, Milk Bar Marketing (trading as OPsWP) is not liable for any indirect or consequential damages, including:
- Loss of profit or business
- Loss of data
- System failure or security breach
Our total liability will not exceed the amount paid by you in the three (3) months prior to the claim.
10. Indemnity
You agree to indemnify and hold harmless OPsWP and Milk Bar Marketing from claims, losses, or legal costs arising from your use of the Services or your violation of these Terms.
11. Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Any disputes must be resolved in the courts of New South Wales.
12. Changes to Terms
We may update these Terms at any time. Continued use of the Services after notice of changes indicates your acceptance of the updated Terms.
13. Contact
If you have questions, please contact us at:
Milk Bar Marketing (trading as OPsWP)
ABN 72 925 267 242
Email: legal@opswp.com