Uplink Web Services Terms and Conditions

Uplink Web Services

Terms of Service for Uplink Web Services

Last Updated: December 7, 2025

1. Introduction and Acceptance of Terms

Welcome to Uplink Web Services ("we", "our", "us"). We provide comprehensive website hosting and website development services. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Uplink Web Services. By accessing or using our Services, you agree to be bound by these Terms and our separate Privacy Policy. If you do not agree, you must not use our Services.

2. Description of Services

We offer a range of services:

  • Website Hosting: Storage of your website files on our servers (subject to agreed-upon uptime and bandwidth limits).
  • Website Development: Custom design, coding, and creation of websites based on an agreed-upon scope of work or project proposal.
  • Ancillary Services: Domain name registration, SSL certificates, email services, and ongoing support/maintenance.

3. Client Obligations and Acceptable Use

You agree to use our Services ethically and lawfully.

  • Content Responsibility: You are solely responsible for all data, content, and materials transmitted or stored via your hosting account.
  • Prohibited Activities: You must not use our services for any illegal activities, including hosting Class 1A or Class 1B restricted materials under Australian law, spamming, hacking, or infringing on the intellectual property rights of others.
  • Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Payment, Invoicing, and Refunds Payment Terms

  • All fees for services are as outlined in your specific service agreement or invoice.
  • Invoices are issued according to the agreed billing cycle (monthly/annually) and are due by the specified due date.
  • Failure to pay within the agreed grace period may result in the suspension or termination of your services.

Refund Policy

  • We offer a 30-day money-back guarantee on initial hosting service purchases.
  • Refunds for website development projects are handled on a case-by-case basis as outlined in the specific project proposal, typically tied to project milestones.
  • Statutory consumer guarantees under the Australian Consumer Law (ACL) apply and cannot be excluded.

5. Intellectual Property (IP)Ownership of Content

  • Client IP: You retain full ownership of all text, images, data, and other content you provide for hosting or development.
  • Uplink Web Services IP: We own the underlying server software, proprietary tools, and any pre-existing code libraries used to provide the Services.

Website Development IP Transfer

  • Upon full and final payment for a website development project, all custom-created code and visual design elements ("Deliverables") are transferred to your ownership.
  • We will provide you with all necessary source code and materials upon project completion.

6. Limitation of Liability and Disclaimers Disclaimer of Warranties

Our services are provided "as is" and "as available". We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.

  • We have no liability for loss of data, loss of business, or income during periods of non-service.
  • You are responsible for maintaining independent backups of your data and content.

Limitation of Liability

To the maximum extent permitted by Australian law, Uplink Web Services shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use of the Services. Our total liability to you for any claim arising from these Terms will not exceed the total fees paid by you for the specific service in question during the 6 months prior to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Uplink Web Services from any claims, damages, or costs (including legal fees) arising from your breach of these Terms, your content, or your use of the Services.

7. Termination of Services Termination by Client

You can cancel your services at any time by providing written notice. Depending on the service and billing cycle, standard cancellation policies will apply.

Suspension or Termination by Uplink Web Services

We reserve the right to suspend or terminate your account immediately if you breach these Terms (e.g., non-payment, violation of the acceptable use policy, illegal activity).

  • Upon termination, your right to use the service immediately ceases, and we may delete your data.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts in that state.

  • In the event of a dispute, both parties agree to attempt resolution through good faith negotiation or mediation before pursuing litigation.

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