Static Website Hosting Agreement
This agreement governs the provision of static website hosting services by Peabody Digital (we, us, our) to the client (you, your). By engaging our static hosting services, you agree to be bound by these terms.
This agreement does not cover WordPress hosting, which is governed by our Website Hosting Agreement and Website Care Plan Schedule. It does not cover one-off design or development work, which is governed by our Website Design and Development Agreement.
1. About This Agreement
1.1 We provide static website hosting by deploying your website to a third-party static hosting platform of our choosing. You acknowledge that the underlying infrastructure is provided by a third-party platform and that service availability, uptime, and platform performance are subject to that platform’s own terms and service levels, which are outside our control.
1.2 We reserve the right to migrate your website to a different platform at any time where we consider it reasonable to do so. We will notify you before migrating your website and will ensure continuity of service during any transition.
1.3 We may update this agreement at any time. We will notify you by email where we consider the change significant. If you do not accept the changes, you must cancel within ten business days. Continued use of the services after that period constitutes acceptance.
1.4 Nothing in this agreement limits or excludes any rights you may have under the Australian Consumer Law.
2. The Service
2.1 Our static hosting service includes the following, where applicable to your engagement:
- Deployment and configuration of your static website
- DNS configuration and domain connection
- SSL certificate provisioning
- Reasonable email support during business hours for hosting-related queries
- Deployment of updates to your website when you provide updated files or code
2.2 Static hosting does not include:
- Content editing (changes to your website content require code changes — see clause 2.3)
- SEO management or performance optimisation, unless separately agreed
2.3 If you require content changes to your website, these will be scoped and quoted separately and are subject to our Website Design and Development Agreement.
3. Platform Dependency
3.1 Your website is hosted on a third-party static hosting platform selected and managed by us. We have no control over the platform’s infrastructure, uptime, pricing, or terms of service. We will make reasonable efforts to keep you informed of any material platform changes that affect your website.
3.2 If the platform we use introduces or increases charges that directly affect the cost of hosting your website, we will notify you and may adjust our fees accordingly with reasonable notice.
3.3 Our liability for downtime or service disruption caused by the platform or any infrastructure outside our direct control is limited in accordance with clause 9.
4. Source Code and Deployments
4.1 We maintain your website’s source code in a version-controlled repository. Upon request, we will provide you with access to your website’s code at any time. You are encouraged to maintain an independent copy of your code, and we recommend doing so as a precaution against unforeseen circumstances.
4.2 We will deploy updates to your website promptly upon receiving approved, production-ready files or code from you.
4.3 Upon termination of this agreement, we will provide you with a full copy of your website’s source code.
5. Payment
5.1 Services are billed monthly or annually in advance, as selected by you. Subsequent payments are charged on the monthly or annual anniversary of your initial billing date.
5.2 Plan upgrades take effect immediately. A pro-rata billing adjustment will be applied for the remainder of your current billing period.
5.3 Plan downgrades take effect at the end of your current billing period. You may notify us of your intention to downgrade at any time. We may decline a downgrade request if the lower plan is not suitable for your account’s requirements.
5.4 If you believe there is an error in your billing, contact us in writing. We will work with you in good faith to resolve the dispute promptly. We may suspend services during unresolved billing disputes. Services will be reactivated once any outstanding amounts are paid.
5.5 We do not offer refunds except where required by law, including under the Australian Consumer Law.
5.6 Our current hosting plans and pricing are published on our website. The plan and pricing applicable to your subscription are as confirmed in your order confirmation or invoice.
5.7 We may update our pricing at any time. We will notify you by email at least 30 days before any price change takes effect. If you do not accept the new pricing, you may cancel your subscription before the change takes effect in accordance with clause 6.1.
6. Cancellation and Suspension
6.1 You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to services until that date.
6.2 If you change your mind after requesting cancellation and your billing period has not yet expired, notify us in writing and we will reinstate your subscription.
6.3 Upon cancellation taking effect, you will lose access to all hosted services. We reserve the right to permanently delete all website files and user data from our servers at that point. It is your responsibility to retrieve any data you need before cancellation takes effect.
6.4 Domain names you have registered with us remain yours until the end of their registration period. You may renew with us or transfer to another registrar at any time.
6.5 If a renewal payment becomes overdue, we may suspend your services at our discretion. We will notify you by email to the address you have provided.
6.6 If a renewal payment remains overdue for 14 days or more, we may terminate your account. Termination in these circumstances will be treated as a client-initiated cancellation under clause 6.3, and we reserve the right to permanently delete all website files and user data from our servers. Our obligation to provide you with a copy of your source code under clause 4.3 survives termination.
6.7 Domain names not included free with a subscription will be suspended upon expiry of their registration period unless renewal payment has been received and confirmed.
7. Your Responsibilities
7.1 You are responsible for providing us with accurate, production-ready files or code for deployment. We are not responsible for errors in content or functionality introduced by files you provide.
7.2 We maintain your website’s source code as described in clause 4. We recommend you maintain an independent copy as a precaution, and we will provide you with access to your code upon request at any time.
7.3 You are responsible for obtaining all licences, rights, and permissions for content published on your website.
7.4 You must use the services in a lawful manner.
7.5 You are responsible for maintaining the confidentiality of any login credentials we provide to you.
8. Intellectual Property
8.1 You retain ownership of your website’s content and any assets you provide to us.
8.2 Where we have developed your website under a separate design and development agreement, intellectual property ownership and licensing of that work is governed by that agreement.
8.3 We retain any intellectual property rights in tools, frameworks, or processes we use to manage your deployment, which are not transferred to you under this agreement.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, and without limiting your rights under the Australian Consumer Law, our total liability to you for any claim arising under this agreement is limited to the fees paid by you to us in the three months preceding the event giving rise to the claim.
9.2 We are not liable for any indirect, consequential, incidental, or punitive loss or damage, including loss of revenue, loss of data, loss of business opportunity, or reputational damage.
9.3 We are not liable for downtime, data loss, or service disruption caused by any third-party platform or infrastructure outside our direct control.
9.4 Nothing in this agreement limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
10. Indemnity
10.1 You agree to indemnify, defend, and hold harmless Peabody Digital and its officers, employees, contractors, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:
(a) any content you publish or direct us to publish on your website;
(b) any breach of this agreement by you;
(c) any breach of applicable law by you; or
(d) any claim by a third party that your website content infringes their intellectual property, privacy, or other legal rights.
This indemnity survives termination of this agreement.
10.2 We are not obliged to indemnify you in respect of any claim. Any voluntary assistance we provide in a particular circumstance does not create an ongoing obligation.
10.3 If a claim is made to which clause 10.1 applies:
(a) we will notify you promptly in writing;
(b) you will, at your own cost, conduct the defence or settlement of the claim if we request; and
(c) you will not settle any claim in a way that imposes any obligation on us without our prior written consent.
11. Termination
11.1 Either party may cancel this agreement at any time with 30 days written notice. You will retain access to services until the end of the notice period or your current billing cycle, whichever is later.
11.2 Upon termination, we will provide you with reasonable assistance to migrate your website, including providing you with your deployment configuration. Any migration assistance beyond what is reasonable will be charged at our standard hourly rate.
11.3 We may terminate this agreement immediately if you are in material breach of these terms and, where the breach is capable of remedy, you have not remedied it within seven days of written notice from us.
12. General
12.1 Governing Law. This agreement is governed by the laws of Tasmania. The parties submit to the non-exclusive jurisdiction of the Tasmanian courts.
12.2 Entire Agreement. This agreement constitutes the entire agreement between the parties regarding static website hosting and supersedes all prior discussions and arrangements.
12.3 Severability. If any provision is found to be void or unenforceable, it will be severed and the remaining provisions continue in full force.
12.4 Waiver. Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
12.5 Force Majeure. Neither party is liable for failure caused by events beyond their reasonable control, including platform outages or failures caused by third-party infrastructure providers. Payment obligations are not excused by force majeure events.
12.6 Survival. Clauses 4.3, 8, 9, 10, 11, and 12 survive termination of this agreement.
12.7 Notices. Notices under this agreement may be sent by email. Notices to you will be sent to the email address you have provided. Notices to us must be sent to admin@peabodydigital.com.au. You are responsible for keeping your contact details current. Legal notices are effective only upon acknowledged receipt.
13. Privacy
13.1 We collect and handle personal information in accordance with our Privacy Policy, available on our website. By engaging our services, you agree to the collection and use of your information as described in that policy.