Terms Of Service
Website Management Terms of Service
Atelic Digital Last Updated: May 2026
By completing payment through Atelic Digital’s payment portal, you confirm that you have read, understood, and agree to be bound by these Terms of Service. These Terms govern the ongoing website management services provided by Atelic Digital to you as a client.
1. Service Plans
Atelic Digital offers two website management plans. Your active plan is determined by the service selected at the time of payment. All sections of these Terms apply to both plans unless marked otherwise.
Managed Plan Includes Australian-based hosting managed by Atelic Digital, weekly maintenance, security and performance management, and monthly change credits.
Management Plan Includes weekly maintenance, security and performance management, and monthly change credits. The client supplies and is responsible for their own hosting environment. Atelic Digital will liaise with your hosting provider on site-related matters as outlined in Section 4.
2. Hosting and Infrastructure
Managed Plan only
Your website is hosted on fast, secure Australian infrastructure managed by Atelic Digital, with over 1,000 websites under active management.
24/7 uptime monitoring and site availability checks are conducted to ensure your website remains online and accessible at all times.
Automated monitoring tools are in place to detect and flag downtime, performance degradation, and infrastructure-level issues as they occur.
SSL certificate management and renewal is handled by Atelic Digital for the duration of your active plan.
3. Client-Managed Hosting
Management Plan only
Where the client maintains their own hosting environment, the following applies.
3.1 Liaison with Your Hosting Provider Atelic Digital will act as your point of contact with your hosting provider for all issues relating to website functionality, server configuration, and site-level performance. We will communicate directly with your provider on your behalf to diagnose and resolve issues that fall within their scope of responsibility.
3.2 Access Requirements To carry out management services effectively, the client must provide Atelic Digital with full administrative access to their hosting environment prior to the commencement of services. This includes hosting control panel access, FTP or SFTP credentials, and any relevant server-level credentials. Services cannot be guaranteed where access is incomplete or withheld.
3.3 Server Issue Notification Where Atelic Digital identifies a server-level issue affecting your website, we will notify you promptly and, where applicable, liaise with your hosting provider directly to escalate and resolve the matter.
3.4 Limitation of Liability for Client-Managed Hosting Atelic Digital is not liable for website downtime, data loss, performance issues, or service interruptions that originate from the client’s hosting environment. Delays in resolution caused by an unresponsive hosting provider or restricted access are outside Atelic Digital’s control and do not constitute a failure of service on our part.
4. Weekly Managed Maintenance
All maintenance is conducted on a structured weekly cycle. This is not ad hoc or on-request. Each week, Atelic Digital will apply WordPress core updates, apply all licensed plugin and theme updates, run post-update validation checks to detect critical failures early, and confirm that caching and performance optimisation remain correctly configured.
Rollback Protocol If a fatal error is detected following any update, Atelic Digital will immediately roll back the site to its last stable state, freeze the problematic update, and provide a written summary of the issue. We will not leave a site in a failed state.
Plugin Conflict Notice No update process can entirely eliminate the risk of plugin conflicts, particularly where multiple third-party components operate together. Where a conflict is identified following a routine update, Atelic Digital will conduct initial triage to determine whether the issue is infrastructure, configuration, or application-level. Code-level resolution constitutes development work and will be quoted separately.
5. Security and Performance
The following is maintained on an ongoing basis for all active clients.
Automated daily backups stored securely for recovery in the event of data loss or site failure.
Security hardening and best-practice server configuration actively maintained throughout the engagement.
Malware scanning and removal services.
Security and firewall protection.
Speed and caching optimisation kept correctly configured at all times.
Annual configuration and environment review to assess the hosting stack and recommend improvements.
6. Monthly Change Credits
6.1 Included Credits Each active plan includes 10 change credits per calendar month. Credits reset at the start of each billing cycle. Unused included credits do not roll over to the following month.
6.2 Credit Tiers Change requests are assessed against the following tiers at Atelic Digital’s reasonable discretion.
Tier 1: Simple = 1 credit
Examples
Text edits, image swaps, contact detail updates, button label changes
Tier 2: Standard = 3 credits
Examples
Form field additions, menu restructuring, page reordering, new embedded content such as maps or videos
Tier 3: Complex= 5 credits
Examples
New content blocks, gallery updates, significant layout adjustments within an existing section
6.3 Requests Exceeding Monthly Credits Where a request would exceed your remaining monthly credit balance, Atelic Digital will notify you before proceeding. You may elect to purchase a top-up pack or defer the request to the following month.
6.4 Top-Up Credit Packs Additional credits are available for purchase at any time. A pack of 10 credits is available at $150 AUD. Purchased top-up credits do not expire and carry over month to month until used.
6.5 Credits Do Not Apply To Change credits cover minor content and layout updates only. The following are classified as development work and are not deducted from your credit balance. They require a separate quote.
Creation of new page sections, full page redesigns, or new templates, Editing or modifying plugin or theme code, Debugging compatibility issues caused by custom code or third-party modifications, Feature development or new functionality builds, API integrations, CMS migrations or platform changes
7. Emergency Response
7.1 What Constitutes an Emergency An emergency is defined as any issue that critically affects website functionality or directly prevents a visitor from contacting your business or completing a conversion. This includes:
Website completely down or inaccessible
Call-to-action buttons or links returning 404 errors
Contact forms or enquiry forms not submitting
SSL certificate expired, causing browsers to display a security warning to visitors
Payment or booking integrations completely non-functional
Website admin access lost or locked out
Website defaced, hacked, or serving malicious content
Critical redirects broken, causing core pages to return errors
Email notifications from forms not delivering
Mobile version of the website completely broken or unviewable
Cosmetic issues, design preferences, copy changes, and non-critical requests do not qualify as emergencies regardless of how they are described.
7.2 Response Commitment Atelic Digital will respond to confirmed emergency requests within 12 hours of notification. Response means active investigation and direct communication with you regarding the issue. Resolution time will vary depending on the nature and complexity of the issue and is not guaranteed within the 12-hour window.
7.3 Emergency Requests Are Outside Credits Emergency response is not deducted from your monthly change credits. Emergency work is treated as a priority operational matter and handled separately from standard change requests.
7.4 How to Submit an Emergency Request Emergency requests must be submitted through the Atelic Digital client portal in LaunchBay or via the helpdesk. Please mark the request clearly as an emergency so it is prioritised appropriately.
8. Submitting Change Requests
All change requests, including standard updates and emergency notifications, must be submitted through the Atelic Digital client portal in LaunchBay or via the helpdesk. Requests submitted through other channels, including email or SMS, cannot be guaranteed to be actioned within standard timeframes and will be redirected to the portal.
9. Domain Management and Licences
9.1 Domain Responsibility The client is solely responsible for managing and renewing their domain name. Atelic Digital does not manage domain renewals on the client’s behalf. An expired domain will cause the website to go offline and is outside Atelic Digital’s scope of responsibility.
9.2 Plugin and Theme Licences – Websites Built by Atelic Digital Where Atelic Digital has built the client’s website, all required plugin and theme licences are covered under the active management plan for the duration of the engagement.
9.3 Plugin and Theme Licences – Websites Transferred to Atelic Digital Where a client is transitioning management of an existing website to Atelic Digital, the client is responsible for supplying valid, active licences for all premium plugins and themes in use on the site prior to the commencement of services. Atelic Digital will notify the client of any licence requirements identified during onboarding.
10. Intellectual Property
10.1 Your Content Once all invoices are paid and your account is in good standing, you own the front end of your website. This includes your specific text, images, logos, and the layout built for you.
10.2 Background IP To keep our services efficient and consistent, Atelic Digital uses a library of proprietary tools and systems. This includes custom management scripts, server configurations, and internal processes developed by Atelic Digital. While you own your website’s content, Atelic Digital retains full ownership of these underlying tools and systems. This ownership transfers to any successor or assignee of Atelic Digital in the event of a business sale or transfer.
10.3 Licence to Use Atelic Digital grants you a non-exclusive licence to use its proprietary tools and infrastructure for as long as you remain an active client. If you choose to move to another provider, your content leaves with you. Atelic Digital’s proprietary management tools remain with Atelic Digital.
10.4 Portfolio and Showcase Rights Atelic Digital retains the right to display your website as part of its portfolio and marketing materials, including on its website, social media, and in client-facing presentations. If you prefer your project not to be included, please notify us in writing and we will respect that preference.
11. Consumer Rights and Limitation of LiabilityLimitation of Liability
11.1 Your Rights Under the Australian Consumer Law Our services come with guarantees that
cannot be excluded under the Australian Consumer Law, including guarantees that services are
provided with due care and skill and are reasonably fit for purpose. Nothing in these Terms
excludes, restricts, or modifies any right, guarantee, or remedy you have under the Australian
Consumer Law or any other law that cannot lawfully be excluded. To the extent any part of these
Terms is inconsistent with those non-excludable rights, those rights prevail and the inconsistent
part does not apply.
11.2 Limitation Where Permitted To the extent the law permits us to limit our liability for a
failure to comply with a consumer guarantee in relation to services, our liability for that failure is
limited, at our option, to resupplying the affected services or paying the cost of having the
affected services resupplied.
11.3 Cap on Liability Subject to Sections 11.1 and 11.2, and to the extent permitted by law, Atelic
Digital's total aggregate liability to you for any claims or damages, whether in contract,
negligence, or otherwise, is limited to the total fees paid by you in the six months immediately
preceding the event giving rise to the claim.
11.4 No Indirect Losses Subject to Section 11.1 and to the extent permitted by law, Atelic Digital
is not liable for consequential or indirect losses, including lost profits, lost business revenue,
missed sales opportunities, loss of data, or business interruptions, even where Atelic Digital was
aware such losses might occur.
11.5 Data Safety While Atelic Digital provides daily automated backups as part of the service, we
recommend that you maintain a local copy of your most important business data as an additional
safeguard.
12. Third-Party Service Outages
Subject to Section 11.1 and to the extent permitted by law, Atelic Digital is not liable for website
downtime, performance issues, or service interruptions caused by third-party providers outside
our direct control. This includes hosting infrastructure providers, domain registrars, DNS
providers, content delivery networks, payment gateways, and any third-party plugins or
integrations. Where a third-party outage is identified, Atelic Digital will notify you and, where
possible, liaise with the relevant provider to assist in resolution.
13. Business Continuity and Assignment
13.1 Right to Assign This agreement is assignable byAtelic Digital to any person or entity who
acquires substantially all of its business or assets, without requiring the client's prior written
consent, provided the services to the client remain substantially the same following the
assignment. Atelic Digital will provide 30 days written notice prior to any such transfer taking
effect. Your rights under these Terms are fully preserved through any transition.
13.2 Successors and Assigns These Terms are binding upon and inure to the benefit of both
parties and their respective successors and permitted assigns. Any successor or acquirer ofAtelic
Digital is bound by the same obligations and service standards set out in these Terms.
13.3 Hosting and Infrastructure Transferability All client hosting arrangements, billing
authority, and managed service records are maintained in a centralised account structure
designed to transfer cleanly in the event of a business sale or succession. Client sites, backups,
and configuration records are not tied to any individual employee or personal account.
14. Offboarding
Upon cancellation of services with the required notice period observed, Atelic Digital will prepare and deliver the following within 14 days of the final service date.
A full export of your website files and database
All login credentials and access details held by Atelic Digital on your behalf
A configuration summary to assist your incoming provider
Any additional work required to facilitate the transition beyond standard file and credential handover will be quoted separately. Atelic Digital is not responsible for the actions or inactions of any third party engaged after the offboarding is complete.
15. Service Level and Uptime
15. Service Level and Uptime
Managed Plan only. Uptime commitments do not apply to the Management Plan, where the client
supplies their own hosting environment as set out in Section 3.
15.1 Uptime Target Atelic Digital targets 99.9% uptime for your hosting environment across
each full calendar month. This target reflects the service level provided to Atelic Digital by its
underlying infrastructure provider and is measured on a monthly basis.
15.2 Back-to-Back Service Levels Your website is hosted on third-party enterprise-grade
Australian infrastructure. Atelic Digital's uptime target and any associated remedy are limited to,
and provided on the same basis as, the service levels and remedies Atelic Digital receives from
that infrastructure provider for the hosting product your site runs on. Atelic Digital does not
commit to an uptime level higher than the level it receives from that provider.
15.3 Exclusions When calculating uptime, the following do not count as a failure to meet the
target: scheduled or emergency maintenance; any failure of a network, system, or service not
under Atelic Digital's or its infrastructure provider's direct control; the client's own content,
software, plugins, themes, or third-party integrations; operating system or platform-level issues;
any act or omission by the client or a third party acting on the client's behalf; any breach of these
Terms by the client; events outside reasonable control, including force majeure; and denial-of-
service or other malicious attacks.
15.4 Remedy for Missed Uptime Where the uptime target is not met in a given calendar month,
and subject to Sections 11.1 and 15.2, your remedy is a service credit applied to your account, to
the extent Atelic Digital receives a corresponding credit from its infrastructure provider. To
claim, you must notify Atelic Digital in writing through the client portal in LaunchBay or via the
helpdesk within 14 days of the end of the affected month. Service credits are applied against
future fees and are not refundable as cash. This is the sole and exclusive remedy for a failure to
meet the uptime target in any month, to the extent permitted by law.
16. Fees and Payment
16.1 Plan Fees The fee for your active plan is the amount for the plan you selected at the time of payment, as set out in your invoice or order confirmation. All fees are charged monthly and are exclusive of GST unless stated otherwise.
16.2 Recurring Billing Payment is processed automatically via Stripe on a recurring monthly billing cycle, charged in advance using the payment method authorised at signup. By completing payment you authorise Atelic Digital to charge this method on each billing cycle until the agreement is terminated in accordance with Section 17.
16.3 Changes to Fees Atelic Digital may change plan fees by providing 30 days written notice. Where you do not agree to a fee change, you may terminate this agreement under Section 17.2 before the new fee takes effect.
16.4 Failed Payments In the event of a failed payment, the following process applies.
Retry. Stripe will automatically retry the payment in accordance with its standard retry schedule. You will receive automated notification of the failed payment at the time of each attempt.
Grace Period. If the payment remains unsuccessful after the initial retry attempts, Atelic Digital will issue written notice to you. A grace period of 7 days is provided from the date of that notice to resolve the outstanding payment.
Suspension of Services. If the payment is not resolved within the grace period, Atelic Digital may suspend all managed services, including maintenance, updates, monitoring, and support, until the outstanding balance is cleared. Subject to Section 11.1 and to the extent permitted by law, Atelic Digital is not liable for any downtime, security vulnerabilities, failed updates, or data loss occurring during a period of suspended service resulting from non-payment.
Reinstatement. Once full payment is confirmed, services will be reinstated within 2 business days.
Termination for Non-Payment. If a payment remains unresolved for 30 days or more from the original due date, Atelic Digital may terminate this agreement. The offboarding process in Section 14 applies from the date of termination.
Suspension does not relieve you of the obligation to pay fees accrued up to the date of suspension.
17. Terms and Termination
17.1 Term This agreement commences on the date of your first payment and continues on a month-to-month basis. There is no minimum or fixed term. The agreement renews automatically at the start of each billing cycle until terminated in accordance with this section.
17.2 Termination for Convenience Either party may terminate this agreement for any reason by providing 30 days written notice through the Atelic Digital client portal in LaunchBay, via the helpdesk, or by email to info@atelicdigital.com.au. Services continue, and fees remain payable, through to the end of the 30-day notice period. The required notice period referred to in Section 14 is the 30-day period set out here.
17.3 Termination for Breach by the Client Atelic Digital may terminate this agreement where the client materially breaches these Terms and fails to remedy that breach within 14 days of receiving written notice of it. A material breach includes, but is not limited to, withholding or failing to maintain the access required under Section 3.2, or any conduct that prevents Atelic Digital from delivering the services. Non-payment is dealt with separately under Section 16.4.
17.4 Termination for Breach by Atelic Digital The client may terminate this agreement where Atelic Digital materially breaches these Terms and fails to remedy that breach within 14 days of receiving written notice of it.
17.5 Effect of Termination On termination for any reason, the client remains responsible for all fees accrued up to and including the effective date of termination. Any unused monthly change credits are forfeited and are not refunded. Any unused top-up change credits are forfeited and are not refunded, notwithstanding Section 6.4. Atelic Digital will carry out the offboarding process set out in Section 14. Any provision of these Terms that by its nature is intended to survive termination, including those relating
18. Data Handling and Security
18.1 Access Credentials To deliver the service, Atelic Digital holds access credentials for your website and hosting environment, including cPanel access provided through our infrastructure provider, along with any relevant administrative logins. These credentials are held securely, are used only to deliver the services under these Terms, and are returned to you or destroyed on offboarding in accordance with Section 14.
18.2 Data Location Your website data and backups are stored on Australian infrastructure and are not transferred or stored offshore byAtelic Digital.
18.3 Third-Party Providers Atelic Digital uses trusted third-party providers to deliver the service, including its hosting infrastructure provider, payment processor, and client portal. These providers handle data under their own terms and security practices. Atelic Digital selects
reputable providers but is not responsible for their independent acts or omissions, subject to Section 11.1.
18.4 Security Incidents Where Atelic Digital becomes aware of a security incident affecting your data, we will notify you without undue delay and take reasonable steps to assist in addressing it.
18.5 Your Responsibilities You remain responsible for your own privacy and data-protection obligations to your website visitors and customers, including any enquiries, form submissions, or personal information collected through your website. Atelic Digital's role is limited to managing the website and hosting environment as set out in these Terms.
19. Dispute Resolution and Governing Law
19.1 Resolving Disputes If a dispute arises under these Terms, both parties agree to first attempt to resolve it in good faith through direct discussion. Where the dispute cannot be resolved within 21 days of being raised in writing, the parties agree to consider mediation before commencing court proceedings. Nothing in this section prevents either party from seeking urgent relief where genuinely required.
19.2 Governing Law These Terms of Service are governed by the laws of Victoria, Australia. Subject to Section 19.1, any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of Victoria.
19.3 Acceptable Use You agree not to use the website or hosting environment to host or distribute unlawful, infringing, or malicious content, or to engage in activity that breaches the acceptable use requirements ofAtelic Digital's infrastructure provider. Where such activity is identified, Atelic Digital may be required by its provider to suspend the affected service, and will notify you and work with you to resolve the matter where possible.
By completing payment through Atelic Digital’s payment portal, you confirm that you have read, understood, and agreed to these Terms of Service.
