Terms of Service
& Disclaimer

Custom WordPress website design, development, and deployment services tailored to client specifications, including theme customization, plugin integration, and performance optimization.

Enterprise-grade security implementation including but not limited to Cloudflare Web Application Firewall (WAF) configuration, CloudLinux isolation, Imunify360 real-time threat defense, malware scanning, and security audits.

LiteSpeed-powered hosting infrastructure with 24/7 proactive monitoring, automated backups, and performance optimization designed to maintain 99.99% uptime.

Tiered maintenance packages ranging from essential monthly updates to executive-level daily monitoring, including security patches, plugin updates, performance monitoring, and technical support.

All quotations provided by Shadowtek are valid for 30 days from the date of issue unless otherwise specified in writing. Quotations are based on the scope of work defined at the time of issue and are subject to revision if project requirements change.

A project is deemed to have commenced when:

• A signed service agreement or written acceptance of quotation is received, AND
• The initial deposit (if required) has been received by Shadowtek

Any changes to the agreed scope of work must be requested in writing. Shadowtek will provide a revised quotation for additional work, which must be approved in writing before proceeding. Scope changes may affect project timelines and costs.

All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. For projects exceeding $2,000, a deposit of 50% is required before work commences, with the balance due upon project completion or as outlined in the service agreement.

We accept payment via bank transfer, credit card, or other methods as agreed in writing. Payment processing fees (if applicable) will be borne by the Client.

Unless otherwise specified in the service agreement:

• Deposits are due within 7 days of invoice issue
• Final invoices are due within 14 days of invoice issue
• Recurring services (hosting, maintenance) are billed monthly in advance and due within 7 days of invoice issue

Invoices not paid by the due date may incur a late payment fee of 2% per month on the outstanding balance. Shadowtek reserves the right to suspend or terminate services for accounts with overdue invoices exceeding 30 days.

Services are non-refundable once delivered or commenced. This includes but is not limited to:

• Completed website development work
• Security audits and hardening services performed
• Migration services completed
• Hosting services for the period already provided
• Time spent on consultation, strategy, or planning

If a Client cancels a project before work has commenced, any deposit paid will be refunded in full, less any payment processing fees incurred.

If a Client cancels a project after work has commenced (as defined in Section 4.2), the Client will be charged a kill fee for work performed up to the date of cancellation (including time spent on discovery, planning, design, development, testing, security work, project management, and communications), calculated on a pro-rata basis against the total project cost and/or Shadowtek's then-current hourly rates (as reasonably determined by Shadowtek), plus any third-party costs incurred on behalf of the Client (domain registrations, premium plugins, licenses, etc.).

If the Client's cancellation occurs within 14 days after project commencement, the Client acknowledges Shadowtek has allocated resources and reserved capacity and agrees the kill fee will also include a cancellation fee equal to 25% of the remaining project value, or $500 (whichever is greater).

This kill fee compensates Shadowtek for lost opportunity, resource allocation, and project planning.

All cancellations must be provided in writing to [email protected] with a minimum of 14 days' notice. Cancellations without adequate notice may incur additional fees for resources already committed.

The Client retains full ownership of all content, text, images, logos, branding materials, and proprietary information provided to Shadowtek for the purpose of project delivery ("Client Content").

Unless otherwise specified in a separate written agreement, Shadowtek retains ownership of:

• All underlying source code, frameworks, proprietary systems, and technical infrastructure developed or utilized in the delivery of services
• Pre-existing code libraries, plugins, templates, and development tools used across multiple client projects
• Any custom-built security configurations, server optimization scripts, or automation tools

Upon full payment of all invoices, Shadowtek grants the Client a perpetual, non-exclusive, non-transferable license to use the code and technical infrastructure as deployed for their specific website or application. This license permits the Client to:

• Operate and maintain the website or application
• Make content updates and minor modifications
• Create backups for disaster recovery purposes

This license does not permit the Client to:

• Resell, redistribute, or sublicense the code or framework
• Use the code as a foundation for other projects or websites
• Reverse-engineer proprietary systems for competitive purposes
• Remove or modify copyright notices or attribution

If any invoices remain unpaid, Shadowtek retains the right to withhold delivery of final files, access credentials, or source code until all outstanding payments are received in full.

Certain projects may incorporate third-party themes, plugins, or software licensed under their own terms (e.g., GPL, MIT licenses). The Client's use of these components is subject to the applicable third-party license terms.

The Client agrees to provide all necessary content, images, branding materials, access credentials, and feedback within reasonable timeframes. Project delays caused by late or incomplete materials provided by the Client may result in adjusted timelines and additional costs.

The Client is solely responsible for ensuring that all content provided to Shadowtek is:

• Accurate, up-to-date, and fit for purpose
• Free from defamatory, illegal, or infringing material
• Compliant with all applicable laws including consumer protection, privacy, and intellectual property laws

The Client is responsible for reviewing and approving all deliverables within the timeframes specified in the project agreement. Failure to provide feedback or approval within 14 days of delivery will be deemed acceptance of the work as delivered.

While Shadowtek may implement automated backup systems for hosted websites, the Client is ultimately responsible for maintaining independent backups of their website and data.

If the Client is not on an active Shadowtek maintenance plan (or equivalent written arrangement expressly including backup management), the Client acknowledges Shadowtek is not responsible for managing, verifying, or restoring backups and the Client assumes responsibility for their own backups and disaster recovery.

Shadowtek is not liable for data loss resulting from circumstances beyond our reasonable control.

The Client must not install, upload, activate, or use any unlicensed, nulled, pirated, unsupported, or otherwise high-risk plugins, themes, or software components, and must not engage in any activity that materially increases security risk (each a "Rogue Plugin" activity).

Rogue Plugin activity constitutes a breach of these Terms (including the Hosting & Maintenance Services and Security Disclaimer provisions). Shadowtek may suspend services, restrict access, or require remediation work (billable at standard rates) where Rogue Plugin activity is detected or reasonably suspected, to protect the Client's site, Shadowtek systems, and other hosted clients.

Shadowtek endeavors to maintain 99.99% uptime for hosted websites. However, we do not guarantee uninterrupted service due to factors including but not limited to scheduled maintenance, third-party infrastructure failures, security incidents, or force majeure events.

Shadowtek reserves the right to perform scheduled maintenance with reasonable advance notice. Where possible, maintenance will be conducted during low-traffic periods to minimize disruption.

Clients using Shadowtek hosting services agree not to:

• Host illegal, defamatory, or adult content
• Engage in spamming, phishing, or other malicious activities
• Exceed allocated resource limits without prior agreement
• Compromise server security or interfere with other hosted websites

Violation of this Acceptable Use Policy may result in immediate suspension or termination of hosting services without refund.

Either party may terminate hosting services with 30 days' written notice. Upon termination:

• The Client will be provided with a final backup of their website files and database
• All data will be permanently deleted from Shadowtek servers 30 days after termination
• No refunds will be provided for prepaid hosting periods

Shadowtek warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We will use reasonable efforts to correct any defects in workmanship reported within 30 days of project completion at no additional cost.

Shadowtek does not warrant that:

• Websites or applications will be error-free or function without interruption
• All bugs or vulnerabilities will be identified or prevented
• Websites will be compatible with all browsers, devices, or future technology standards
• Third-party services (plugins, APIs, hosting infrastructure) will remain available or functional

While Shadowtek implements enterprise-grade security measures, no system is completely secure. We cannot guarantee that websites will never be compromised, hacked, or subject to data breaches. The Client acknowledges that security is an ongoing process requiring vigilance, regular updates, and adherence to best practices.

Shadowtek is not responsible for the functionality, security, or availability of third-party services, plugins, APIs, or platforms integrated into Client websites. Changes to third-party services beyond our control may affect website functionality.

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees that cannot be lawfully excluded under the Australian Consumer Law (ACL) or other applicable consumer protection legislation.

Where the ACL or other legislation implies a condition, warranty, or guarantee into these Terms that cannot be excluded, Shadowtek's liability for breach of such non-excludable term is limited, at Shadowtek's option, to:

• In the case of services: re-supplying the services or paying the cost of having the services re-supplied
• In the case of goods: replacing, repairing, or paying the cost of replacing or repairing the goods

Both parties acknowledge that during the course of the service engagement, they may have access to confidential information including but not limited to business strategies, technical specifications, financial information, and proprietary systems.

Each party agrees to:

• Keep confidential information strictly confidential
• Use confidential information only for the purposes of fulfilling obligations under these Terms
• Not disclose confidential information to third parties without prior written consent
• Implement reasonable security measures to protect confidential information

Confidential information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party without use of confidential information
• Is required to be disclosed by law or court order

Unless otherwise agreed in writing, Shadowtek reserves the right to:

• Display completed work in our portfolio, case studies, and marketing materials
• Reference the Client's name and logo in our client list
• Describe the scope of services provided (in general terms)

Shadowtek may include a discreet "Powered by Shadowtek" or similar attribution link in the footer of Client websites. The Client may request removal of this attribution link at any time.

If a project is confidential or the Client does not wish to be publicly associated with Shadowtek, this must be specified in writing at the commencement of the project.

Either party may terminate ongoing services (hosting, maintenance) with 30 days' written notice, subject to the payment terms outlined in this agreement.

Either party may terminate these Terms immediately upon written notice if the other party:

• Materially breaches these Terms and fails to remedy the breach within 14 days of written notice
• Becomes insolvent, enters bankruptcy proceedings, or ceases business operations
• Engages in fraudulent or illegal conduct

Upon termination:

• The Client remains liable for all fees for services rendered up to the date of termination
• Shadowtek will provide reasonable assistance with transition or data export (at standard hourly rates if not covered by existing service agreement)
• All licenses granted under Section 7 will be revoked if payments remain outstanding
• Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation and direct communication.

If informal resolution is unsuccessful within 30 days, the parties agree to participate in mediation before a mutually agreed mediator before pursuing formal legal proceedings.

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

These Terms, together with any signed service agreements or quotations, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements, whether written or oral.

Shadowtek reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Website with an updated "Last Updated" date. Continued use of services after changes constitutes acceptance of the modified Terms. For material changes affecting existing service agreements, we will provide 30 days' notice via email.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Shadowtek's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The Client may not assign or transfer these Terms or any rights hereunder without Shadowtek's prior written consent. Shadowtek may assign these Terms to any successor entity in the event of a merger, acquisition, or sale of substantially all assets.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

All notices under these Terms must be in writing and sent to:

• For Shadowtek: [email protected] or PO Box 6, Warwick, Queensland, Australia
• For Client: The email address or postal address provided at the time of service engagement

Notices are deemed delivered when sent by email (with confirmation of receipt) or 3 business days after posting via registered mail.