WEBFAST

Terms of Service

WEBFAST PTY LIMITED ABN 14 169 229 985

AT A GLANCE

These Terms govern every WEBFAST product and service, from a single domain name through to enterprise hosting, design, marketing, video and security work.

Nothing in these Terms excludes, restricts or modifies the consumer guarantees, rights or remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where those rights apply to you.

If you cancel Web Hosting or your account becomes unpaid while a website is live, you have 30 days to accept the Website Backup files – see Section 6.

By purchasing any hosting, domain, design, marketing, video, security or additional service or product from WEBFAST PTY LIMITED (“WEBFAST”, “we”, “us”, or “our”), you (“the Customer”, “the Client”, “you”) enter into a binding agreement with WEBFAST governed by these Terms of Service (“Terms” or “TOS”). These Terms are to be read together with the WEBFAST Privacy Policy and Acceptable Use Policy, each of which forms part of the agreement. This agreement is governed by, and construed in accordance with, the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia. By completing the ordering process, ticking acceptance, or otherwise using a WEBFAST service, you confirm that you have read, understood, and agree to be bound by these Terms.

Definitions
Products & Services Covered by These Terms
Fees & Payment
Refunds, Disputes & Cancellations
Account Ownership
Web Hosting Termination, Backups & Data Retention
Domain Registrations, Transfers & Renewals
Website Design, Ecommerce & Development Services
Digital Marketing, SEO, Social Media & Content Services
Video Production & Web Video Services
Reseller Hosting, VPS & Dedicated Servers
General Terms & Support Boundaries
Acceptable Use & Resource Limits
Third-Party Tools, Applications & Licences
Privacy & Data Protection
Australian Consumer Law
Disclaimers, Limitation of Liability & Indemnity
Additional Legal Information
Modification of These Terms
Contact

1. DEFINITIONS

1.1 Hosting Service – Any shared, reseller, VPS, cloud, or dedicated server service used to store and deliver web-based content.

1.2 Additional Services – Any product or service that is an add-on to a primary Hosting Service, or which covers one-off charges for additional work carried out by a WEBFAST staff member, including design, development, marketing, video, SEO, content, security and administration work.

1.3 Resource Usage – Any and all allocated resources provided to the Customer to allow the storage and delivery of the web-based content within a Hosting Service. This includes (but is not limited to) disk space, memory (RAM), CPU and bandwidth.

1.4 Subscription – The recurring term (monthly, quarterly, semi-annually, annually) applicable to a purchased service.

1.5 Members Portal – The WEBFAST online account management interface used to manage billing, invoices, contact information, support tickets, services and domains.

1.6 Website – The live web-based content, files, databases, email accounts, applications and configurations operated by the Customer on a Hosting Service.

1.7 Website Backup Files – Compressed archive(s) of the Customer’s Website data created and held by WEBFAST in accordance with the backup configuration applicable to the Hosting Service at the time the backup was taken.

1.8 Live Online – A Website is considered “live online” when it is publicly accessible via its associated domain name(s) on the WEBFAST hosting infrastructure immediately before termination, suspension or payment failure.

1.9 ACL – The Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. PRODUCTS & SERVICES COVERED BY THESE TERMS

2.1 Scope – These Terms apply to all WEBFAST products and services advertised at https://webfast.au, quoted directly by WEBFAST staff, or otherwise ordered through the Members Portal. The table below summarises the current product and service catalogue. Prices, plan inclusions and feature availability are as published at the WEBFAST website at the time of ordering and may change from time to time.

Product / Service	Description
Domain Names	Registration, transfer and renewal of .au, .com.au, .net.au, .org.au, .id.au, .com, .net, .org, .co, .asia and other supported extensions, supplied as a reseller of accredited Domain Registrars.
Web Hosting – LITE	Shared Australian web hosting (currently advertised from $18.85/month) – 20 GB SSD, 1 website, 100 GB data transfer, unlimited business emails, SSL, daily backup and 99.9% uptime objective.
Web Hosting – Business	Shared Australian web hosting (currently advertised from $28.85/month) – 45 GB SSD, 1 website, unmetered data transfer, unlimited business emails, SSL, daily backup and 99.9% uptime objective.
Web Hosting – Business Plus+	Shared Australian web hosting (currently advertised from $48.85/month) – 65 GB SSD, 1 website, unmetered data transfer, unlimited business emails, SSL, daily backup and 99.9% uptime objective.
Reseller Hosting	Multi-account hosting plans for agencies and resellers operating sub-accounts under a single Members Portal.
Virtual Private Server (VPS)	Virtualised server instances with dedicated resource allocations, available as managed or self-managed.
Dedicated Servers	Single-tenant physical servers with full resource allocation and optional management.
SSL Certificates	Free Let’s Encrypt SSL provisioning on supported hosting plans; paid third-party SSL certificates available as reseller products.
Website Backup & Recovery	Daily off-server backups for active hosting accounts; backup retention is subject to clause 6 of these Terms (Web Hosting Termination & Data Retention).
Website Design	Custom-built websites including WordPress-based sites, landing pages, multi-page corporate sites and template-led builds.
Ecommerce Websites	WooCommerce and other ecommerce platform builds, including payment gateway integration, product catalogue setup, and shipping configuration.
Digital Marketing	Paid digital marketing services including Google Ads management, Meta/Facebook advertising, LinkedIn advertising, and campaign reporting.
SEO Search Engine Optimisation	Search engine optimisation services including on-page optimisation, technical SEO, content optimisation, AI-search visibility, and ongoing SEO retainers.
Social Media	Social media account setup, content scheduling, community management and creative production across Instagram, Facebook, X/Twitter, LinkedIn, TikTok, SnapChat, Pinterest, WhatsApp Business, YouTube and Skype.
Content Creation	Copywriting, graphic design, image production and AI-assisted content creation for websites and marketing channels.
Video Production	Pre-production, filming, editing and post-production for promotional, corporate, training and advertising videos.
Web Video Production	Web-optimised video creation including explainer videos, hero videos, social cut-downs and embedded site video.
Online Security	Security services including malware scanning, SiteLock, firewall configuration, DDoS mitigation, brute-force protection and security incident response.
WordPress Pre-Install	Automated WordPress installation on supported hosting accounts at the time of provisioning.
Advanced Administration & Support	Custom labour-based services (development, server administration, migrations, troubleshooting) billed by quotation or hourly rate.

2.2 Service Descriptions – The specifications, inclusions and pricing for each product or service are those published on the WEBFAST website at https://webfast.au, in the Members Portal product store, or as set out in a written quotation provided by WEBFAST. Where there is any inconsistency, the written quotation will prevail for the specific engagement to which it relates.

2.3 Australian Operation – WEBFAST is a 100% Australian owned and operated company. Hosting is delivered from Australian-based infrastructure with optional global CDN, and customer support is provided during published Australian business hours.

3. FEES & PAYMENT

3.1 Payment – Establishment of any Hosting Service or Additional Service is dependent on WEBFAST’s receipt of payment of the stated charges as outlined on the WEBFAST website, in the Members Portal, or in any custom quotation provided to the Customer. Subsequent recurring payments are due on the anniversary date of the Subscription term, in advance, for the following Subscription term’s service. All service fees are disclosed within a product description or are disclosed to the Customer prior to payment being required for any custom quotation or services ordered by phone or email.

3.2 Setup Fee – The Customer agrees to pay in advance and in full any non-recurring amount required for the initial deployment of the purchased service. Setup fees are listed in the service description or disclosed in any custom quotation prior to any server provisioning, equipment acquisition, design work or installation by WEBFAST.

3.3 Recurring Fee – All Subscriptions for Hosting Services and ongoing services (including retained SEO, digital marketing, security monitoring and managed services) are recurring by nature. The Customer agrees to pay the recurring fees in advance on each anniversary date until the Customer submits a valid cancellation request in accordance with these Terms.

3.4 Non-Refundable Fees – Subject to the Customer’s rights under the ACL (see Section 16), certain fees paid to WEBFAST are non-refundable due to the nature of the product or service, including but not limited to:

Third-party products (such as domain registrations, SSL certificates, third-party software licences) once activated;
Advanced administration, development, design, marketing, video or other labour-based work once that labour has been performed; and
Custom-developed work where the agreed deliverable has been provided to the Customer.

3.5 Additional Resource Usage – If the Customer exceeds the included Resource Usage of a Hosting Service, overage fees apply and are due immediately. Current overage pricing is published in the Members Portal and is reviewed from time to time.

3.6 Invoices & Statements – Invoices are provided to the Customer by email using the contact email address recorded for the Account Owner and any additional billing contacts. Invoices are not sent by post. Invoice history is always available within the Members Portal.

3.7 Goods and Services Tax (GST) – All prices displayed on the WEBFAST website are in Australian Dollars (AUD). Where GST applies under A New Tax System (Goods and Services Tax) Act 1999 (Cth), GST is included in the displayed price or added at checkout, as indicated on the relevant product page.

3.8 Failure to Pay – WEBFAST may temporarily suspend service, restrict access, or terminate this agreement upon the failure of the Customer to pay applicable recurring fees once those fees reach 28 days past due. Such suspension or termination does not relieve the Customer of responsibility for payment of all accrued charges, plus reasonable interest and any collection or legal fees. Accounts that remain uncollected may be referred to an external collections agency, which may result in additional fees or fines being payable. Web Hosting termination resulting from non-payment is further governed by Section 6 of these Terms.

4. REFUNDS, DISPUTES & CANCELLATIONS

4.1 Money Back Guarantee – WEBFAST provides a 30-day money back guarantee on shared and reseller hosting services, and a 10-day money back guarantee on dedicated, VPS or cloud hosting services ordered under a quarterly or longer Subscription term. The money back guarantee is offered in addition to (and does not limit) the Customer’s rights under the ACL.

4.2 Refunds – Refund requests under the money back guarantee must be made within the relevant guarantee period from the service signup date. One-time setup fees and fees for completed labour-based work are non-refundable, except where the service cannot be provided by WEBFAST or where the Customer is entitled to a remedy under the ACL. Refunds are processed to the original payment method within a reasonable period after the cancellation request is approved.

4.3 Disputes – All overcharges or billing disputes must be reported to WEBFAST in writing within 60 days of the time the disputed transaction occurred. If the Customer raises a chargeback with their card issuer that, in WEBFAST’s reasonable opinion, is a valid charge under these Terms, the Customer agrees to pay WEBFAST a chargeback administration fee of not less than AUD $50 and not more than AUD $150 to cover the reasonable costs of responding to the chargeback.

4.4 Cancellation by the Customer – Hosting Services and recurring Additional Services remain active until the Customer submits a cancellation request through the online cancellation form in the Members Portal. To avoid further fees being charged on the next renewal, cancellation requests must be submitted at least 2 business days prior to the next due date. Instructions for using the cancellation form are available in the Members Portal knowledge base.

4.4.1 No Cancellation Fee – WEBFAST does not charge a cancellation fee. Pre-paid fees are not refunded except where the money back guarantee applies or where a refund is required under the ACL.

4.4.2 No Account Access – If the Customer wishes to cancel and cannot access the Members Portal, the Customer must contact WEBFAST by phone (1300 883 582) or support ticket to obtain login assistance or to lodge the cancellation request.

4.5 Cancellation by WEBFAST – WEBFAST may cancel a service for material breach of these Terms or the Acceptable Use Policy. Where reasonably practicable and lawful, WEBFAST will give written notice and an opportunity to remedy the breach. Immediate cancellation without prior notice may occur where the breach involves illegal activity, network security risk, sustained non-payment, abuse of staff, or a serious breach of the Acceptable Use Policy.

5. ACCOUNT OWNERSHIP

5.1 Account Owner – The highest authority of a single Members Portal account is the Account Owner. The Account Owner is established at the time the account is created and controls all individual hosting or additional services associated with that account. The Account Owner must be a real person who is at least 18 years of age and is legally empowered to enter into this contract. Fictitious names or contact details that do not reflect a real person are not permitted and may result in suspension or termination of the account.

5.2 Account Information – The Customer warrants that all information provided to WEBFAST is true, correct, complete and up to date. The Customer is responsible for maintaining the accuracy of contact information stored within the account. Failure to maintain up-to-date contact information does not waive any fees, overdue charges or warnings issued by WEBFAST.

5.3 Authorised Additional Contacts – The Account Owner may add and authorise one (1) additional billing contact and up to three (3) additional technical contacts. Each Authorised Additional Contact must be configured as a sub-account with appropriate permissions. Without sub-account permissions, an additional contact has limited support-only rights and cannot make configuration changes.

5.4 Account Transfer – The Account Owner role may be transferred to another Authorised Additional Contact or another WEBFAST customer by submitting a billing support request. WEBFAST will require identity verification before processing any change of Account Owner.

5.5 Account Closure – An account is automatically deactivated when no active hosting or additional services remain under the account, subject to any minimum data retention required by law.

6. WEB HOSTING TERMINATION, BACKUPS & DATA RETENTION

This Section 6 sets out what happens to Customer data when Web Hosting is terminated by either party, or when an account becomes unpaid. It is in addition to – and does not limit – the Customer’s rights under the ACL.

WEBSITE BACKUP – 30-DAY ACCEPTANCE WINDOW

If a Client terminates Web Hosting, or does not pay for the Web Hosting, and the Client had a Website live online before the termination or payment failure, the Client has 30 days to accept the Website Backup files.

Website files will NOT be stored for unpaid accounts beyond this 30-day period.

After 30 days, the Website Backup files are deleted permanently and cannot be retrieved.

6.1 Backup Trigger Events – This Section 6 applies whenever one of the following Trigger Events occurs in respect of a Web Hosting Service: (a) the Customer submits a cancellation request through the Members Portal; (b) WEBFAST terminates the Web Hosting Service in accordance with clause 4.5; or (c) the Web Hosting Service is suspended for non-payment and the unpaid balance is not cleared before the account is moved to terminated status.

6.2 Eligibility for Website Backup – The 30-day acceptance window in clause 6.3 applies only where the Customer’s Website was Live Online on the WEBFAST hosting infrastructure immediately before the Trigger Event. Accounts that have not hosted a live website (for example, hosting plans purchased but never deployed) are not eligible for the 30-day backup acceptance window.

6.3 30-Day Acceptance Window – Where clause 6.2 applies, WEBFAST will retain a single Website Backup Files archive of the Customer’s last known Live Online Website for thirty (30) calendar days from the Trigger Event. The Customer has thirty (30) days from the Trigger Event to request and accept delivery of the Website Backup Files. Requests must be made by support ticket from the Account Owner or an Authorised Additional Contact with sufficient permissions.

6.4 No Storage for Unpaid Accounts – Website files will not be stored for unpaid accounts beyond the 30-day acceptance window. If the 30-day window expires without the Customer accepting the Website Backup Files, the Website Backup Files will be permanently deleted from WEBFAST systems and cannot be retrieved, regardless of any later payment of the outstanding balance.

6.5 Outstanding Balance – Where Web Hosting was terminated because of non-payment, WEBFAST may require the Customer to settle the outstanding balance owing on the account before the Website Backup Files are released. This does not extend the 30-day acceptance window – the 30-day window runs from the Trigger Event regardless of any outstanding balance.

6.6 Delivery of Backup – Website Backup Files are typically delivered as a downloadable archive (for example, a cPanel-style backup or a compressed archive of files and databases) via a secure download link, or by upload to a Customer-supplied storage location at WEBFAST’s reasonable discretion. The Customer is responsible for downloading and verifying the Website Backup Files within the 30-day window.

6.7 Format & Restorability – Website Backup Files are provided “as taken” from the WEBFAST backup system. WEBFAST does not warrant that the Website Backup Files will restore on any third-party hosting environment without additional configuration. WEBFAST will use reasonable efforts to provide guidance, but advanced restoration assistance is chargeable as Advanced Administration.

6.8 Other Data – Email contents, DNS configuration, custom server configuration and third-party application data may or may not be included in the Website Backup Files depending on the original backup configuration of the Hosting Service. Customers are encouraged to maintain their own independent backups at all times.

6.9 After the 30-Day Window – Once the 30-day window expires, the Hosting Service is considered fully terminated. All Website data, email accounts, databases, files and backups associated with the cancelled Hosting Service are permanently removed from WEBFAST production and backup systems and cannot be recovered.

7. DOMAIN REGISTRATIONS, TRANSFERS & RENEWALS

7.1 Domain Registrations – Successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions require additional information (for example, .au domains require an eligible Australian presence) and WEBFAST gives no guarantee that an ordered domain registration will be successful. It is the Customer’s sole responsibility to confirm eligibility requirements before placing a domain order.

7.2 Domain Transfers – Domain transfers typically take 5–7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au domains, which typically complete within 48 hours of final authorisation. WEBFAST has no authority to speed up a domain transfer and cannot guarantee how long a transfer will take. The Customer must ensure all contact information is current with the losing registrar and that valid transfer codes have been obtained prior to placing a transfer order.

7.3 Domain Renewal – Domains must be renewed prior to their expiry date to remain active. Renewal reminders are sent to the Customer starting from 60 days prior to expiry. WEBFAST does not control the registrar’s grace and redemption periods and accepts no responsibility for a website becoming inaccessible due to the Customer’s failure to renew a domain.

7.4 auDA Policies – The registration, transfer and renewal of .au domain names is governed by the policies and rules published by the .au Domain Administration Limited (auDA). The Customer is bound by, and agrees to comply with, the applicable auDA policies in addition to these Terms.

8. WEBSITE DESIGN, ECOMMERCE & DEVELOPMENT SERVICES

8.1 Scope of Work – Website design, ecommerce and development engagements are quoted on a per-project basis. The scope of work, deliverables, milestones, timeline and pricing will be set out in a written quotation, statement of work, or order confirmation. The agreed scope is what WEBFAST will deliver; work outside the agreed scope is treated as a variation and may be subject to additional fees.

8.2 Deposits – Unless agreed otherwise in writing, a deposit of 50% of the agreed project fee is payable before work commences. Deposits are non-refundable once design or development work has commenced, subject to the Customer’s rights under the ACL.

8.3 Customer Materials – The Customer is responsible for providing copy, images, brand assets, product data, logins and other materials required to complete the work. Delays in providing materials may impact delivery dates and may result in re-scheduling fees.

8.4 Revisions – Each project quotation includes a defined number of revision rounds. Additional revisions beyond the included rounds are billed at the prevailing hourly rate.

8.5 Acceptance & Launch – On completion, the Customer will be given a reasonable opportunity to review the deliverables. Deliverables are deemed accepted on the earlier of (a) the Customer’s written acceptance, (b) the Customer using the deliverables in live production, or (c) seven (7) days after delivery if no defects have been notified in writing.

8.6 Intellectual Property – On full payment of all fees, the Customer receives a non-exclusive licence to use the deliverables for the purpose described in the project quotation. Pre-existing WEBFAST tooling, frameworks, libraries, themes, plugins and templates remain the property of WEBFAST or its licensors. Third-party components remain subject to their own licence terms.

8.7 Ecommerce – For ecommerce builds, the Customer is responsible for the accuracy of product data, pricing, tax settings, shipping rules, terms of sale and any consumer-law disclosures applicable to their goods or services. WEBFAST does not provide legal advice on the Customer’s product offering or trading practices.

9. DIGITAL MARKETING, SEO, SOCIAL MEDIA & CONTENT SERVICES

9.1 Performance Disclaimer – Digital marketing, SEO, social media and content services are inherently variable. WEBFAST will use reasonable skill and care to perform the services, but does not and cannot guarantee specific search engine rankings, traffic volumes, conversion rates, follower growth, return on ad spend, or any other commercial outcome. Search engine and platform algorithms are controlled by third parties and may change at any time.

9.2 Ad Spend – Where the Customer engages WEBFAST to manage paid advertising (for example, Google Ads, Meta Ads, LinkedIn Ads, TikTok Ads), the advertising spend is in addition to WEBFAST’s management fees and is billed directly by the advertising platform to the Customer or recharged by WEBFAST in accordance with the order. The Customer is responsible for setting and approving the advertising budget.

9.3 Compliance & Claims – The Customer warrants that all advertising claims, product information, testimonials and content supplied to WEBFAST for publication comply with applicable law, including the ACL prohibitions on misleading and deceptive conduct and false or misleading representations, and any industry-specific rules (for example, therapeutic goods, financial services, alcohol and gambling).

9.4 Spam Act Compliance – Where WEBFAST sends marketing emails or SMS on behalf of the Customer, the Customer warrants that the recipient list complies with the Spam Act 2003 (Cth), including that valid consent has been obtained and that an effective unsubscribe mechanism is in place.

9.5 SEO – SEO services are provided on the understanding that meaningful results typically take several months to materialise and depend on factors outside WEBFAST’s control. Engagements are typically delivered as a retainer with monthly reporting.

9.6 Content Ownership – On full payment, the Customer is granted a perpetual non-exclusive licence to use content produced by WEBFAST for the campaign or website for which it was commissioned. WEBFAST retains the right to display work in its portfolio unless the Customer specifies otherwise in writing.

10. VIDEO PRODUCTION & WEB VIDEO SERVICES

10.1 Scope – Video production engagements (including Web Video Production) cover pre-production, filming, editing and post-production as set out in the project quotation.

10.2 Talent & Releases – Where the Customer supplies talent, locations or third-party content, the Customer warrants that all required releases, permissions, licences and consents have been obtained, including (where applicable) consent under the Privacy Act for the collection and use of personal information.

10.3 Music & Stock Assets – Music, stock footage and other licensed assets used in the final video remain subject to the licence terms of the supplying library. The Customer is responsible for any extended-use licences required for broadcast or paid distribution.

10.4 Revisions & Delivery – The number of revision rounds and final delivery format(s) (for example, 16:9 hero cut, 9:16 vertical cut, 1:1 social cut) will be set out in the quotation. Delivery is made via secure download link unless otherwise agreed.

11. RESELLER HOSTING, VPS & DEDICATED SERVERS

11.1 Reseller Hosting – Reseller customers are responsible for the conduct, content and compliance of all sub-accounts under their reseller plan. Resellers must not direct their end-customers to contact WEBFAST directly; resellers should triage and submit support requests on behalf of their end-customers.

11.2 VPS – Virtual Private Server plans provide guaranteed CPU, RAM and disk allocations on a shared physical host. VPS resource limits are enforced at the hypervisor level. Self-managed VPS customers are responsible for operating system maintenance, patching, security and application administration unless a managed VPS plan has been purchased.

11.3 Dedicated Servers – Dedicated server customers receive a single-tenant physical server. Dedicated server customers are responsible for operating system maintenance, patching, security and application administration unless a managed plan has been purchased. Hardware replacement is performed by WEBFAST under the published hardware service level objectives.

11.4 Data Centre Access – Direct physical access to data centre facilities is not available to Customers. Hands-on tasks are performed by WEBFAST data centre staff and may be chargeable as Advanced Administration.

12. GENERAL TERMS & SUPPORT BOUNDARIES

12.1 Support Boundaries – WEBFAST provides technical support to its direct customers in accordance with its published support boundaries. Support is designed to assist with the use of, and connection to, the Hosting Service. Support does not extend to debugging, repairing or rewriting Customer code, third-party plugin conflicts, custom application logic or website performance issues caused by the Customer’s own code.

12.2 Advanced Support – Where WEBFAST agrees to perform work outside the scope of standard support, the work is performed as Advanced Administration and is billed in advance based on an estimate. WEBFAST gives no guarantee that an issue will be resolved within the estimated time; further time, if required, is billed separately.

12.3 Responsibility for Content & Account Activity – The Customer is solely responsible for all content, data, scripts, applications and email activity hosted under their account. The Customer must keep account passwords secure, maintain their applications, and ensure no malicious content is hosted that may harm the WEBFAST infrastructure, other customers, or end-users of hosted websites.

12.4 Web Application Maintenance – Open-source web applications (such as WordPress, Joomla, Magento, WooCommerce and their plugins/themes) require regular updates to remain secure. It is the Customer’s responsibility to install all available updates and security patches. Customers who lack the skill to do this should engage a web developer or purchase a WEBFAST managed update service.

12.5 Maintaining Compatibility – Server-side applications (such as Apache, NGINX, PHP, MySQL/MariaDB) are updated by WEBFAST on a regular cycle to maintain security and performance. It is the Customer’s responsibility to maintain their installed web applications in a compatible state with the current supported releases.

13. ACCEPTABLE USE & RESOURCE LIMITS

13.1 Acceptable Use Policy – The Customer must comply with the WEBFAST Acceptable Use Policy at all times. Material breaches may result in suspension or termination as follows:

First violation – Email warning, with optional temporary suspension pending the Customer’s written agreement to refrain from further violations.
Second violation – Immediate suspension or termination without further notice.
Suspension or cancellation – WEBFAST may suspend service immediately where it is reasonably necessary to protect its network, other customers, or to comply with the law. In extreme cases, law enforcement will be contacted. Time lost to suspension for breach is not credited.

13.2 Resource Usage – Shared, Reseller and VPS plans – The following are not permitted on shared, reseller or unmanaged VPS plans:

Using 50% or more of allocated CPU resources for more than 60 seconds at a time.
Running unattended server-side daemons (including IRCD).
Using a hosting account as a file store unrelated to website operation.
Running indexing software, BitTorrent clients or trackers, or any IRC software.
Participating in any illegal file-sharing activity.
Running cron jobs at intervals shorter than 5 minutes.
Running MySQL databases with more than 1,000 tables, larger than 1 GB, or queries longer than 15 seconds on shared/reseller plans.
Storing multiple full backup archives on the hosting account itself; backups are designed to be downloaded off-server.

13.3 Inodes – On shared and reseller hosting, accounts using 200,000 or more inodes are considered excessive and may be asked to upgrade or remove files.

13.4 Bandwidth – WEBFAST does not meter bandwidth on Business, Business Plus+ and equivalent plans. However, bandwidth is monitored. “Unmetered” bandwidth must not be used to provide continuous streaming media for more than 30 minutes at a time, and must not be used solely for load balancing. WEBFAST may shape, suspend or terminate accounts whose traffic creates unviable cost or performance problems, or may offer a plan upgrade.

13.5 Gaming Servers – Game servers are not permitted on any part of the WEBFAST network. Accounts found to be in breach of this clause face immediate suspension without prior notice.

14. THIRD-PARTY TOOLS, APPLICATIONS & LICENCES

14.1 Third-Party Applications – WEBFAST may provide access to third-party software and services through reseller or commercial agreements with vendors (“Third-Party Vendors”). Unless otherwise stated, WEBFAST provides first-level support for Third-Party Products. Neither WEBFAST nor any Third-Party Vendor makes any representation or warranty about Third-Party Products beyond what is required by law. The Customer uses Third-Party Products at their own risk and is bound by each vendor’s licence terms.

14.2 Microsoft Licensing – Where Microsoft licensing is purchased through WEBFAST, the Customer agrees to comply with Microsoft’s licensing terms and is responsible for accurately reporting and obtaining the correct level and number of user licences for their actual use.

14.3 Feature Availability – WEBFAST does not guarantee that every feature of a Third-Party Product will be enabled or supported within the WEBFAST environment. Feature availability is at WEBFAST’s reasonable discretion based on platform stability, security and compatibility.

15. PRIVACY & DATA PROTECTION

15.1 Privacy Act – WEBFAST handles personal information in accordance with the Privacy Act 1988 (Cth), as amended (including by the Privacy and Other Legislation Amendment Act 2024 (Cth)), and the Australian Privacy Principles. The WEBFAST Privacy Policy at https://webfast.au/privacy-policy/ sets out how WEBFAST collects, uses, discloses and stores personal information.

15.2 Customer as Controller – Where the Customer collects personal information through a website or application hosted with WEBFAST, the Customer is responsible as the controller of that personal information. The Customer must publish its own privacy policy, obtain valid consent where required, and respond to access, correction and deletion requests from individuals.

15.3 Notifiable Data Breaches – WEBFAST has implemented reasonable steps to protect personal information from unauthorised access, modification and disclosure. Where a notifiable data breach (within the meaning of the Privacy Act) affecting Customer data is identified within the WEBFAST infrastructure, WEBFAST will notify the affected Customer without unreasonable delay so that the Customer can comply with its own notification obligations.

15.4 Cross-Border Transfers – Some WEBFAST services rely on infrastructure or providers that may operate across multiple regions. Where personal information is disclosed to an overseas recipient, WEBFAST takes reasonable steps required by APP 8.

15.5 Automated Decision-Making – Where WEBFAST uses substantially automated processes (for example, automated fraud or abuse detection) that may have a significant effect on a Customer, this is described in the WEBFAST Privacy Policy as required from 10 December 2026 under the amended Privacy Act.

16. AUSTRALIAN CONSUMER LAW

CONSUMER GUARANTEES – ACL NOTICE

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For a major failure with a service, you are entitled to: cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms excludes, restricts or modifies any right or remedy that you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

16.1 Consumer Guarantees – Where the Customer is a “consumer” within the meaning of the ACL, the consumer guarantees in the ACL apply to all WEBFAST services. These guarantees include that services will be supplied with due care and skill, will be reasonably fit for any purpose disclosed to WEBFAST, and will be supplied within a reasonable time.

16.2 Limitation Where Permitted – Where the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, WEBFAST limits its liability for failure to comply with a consumer guarantee, to the extent permitted by section 64A of the ACL, to (at WEBFAST’s option) the resupply of the services or the payment of the cost of having the services resupplied.

16.3 Unfair Contract Terms – If any provision of these Terms is found to be an unfair contract term within the meaning of the ACL, that provision is void to the extent of the unfairness and the remainder of these Terms continues in full force and effect.

17. DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNITY

17.1 Disclaimer – Subject to Section 16 and any other law that cannot be excluded, WEBFAST provides the services on an “as available” basis and gives no warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

17.2 Limitation of Liability – Subject to Section 16, WEBFAST’s total aggregate liability to the Customer arising out of or in connection with these Terms or any service is limited to the total fees paid by the Customer to WEBFAST for the affected service in the twelve (12) months immediately preceding the event giving rise to the liability. To the maximum extent permitted by law, WEBFAST is not liable for any indirect, consequential, incidental, punitive or special loss, or for any loss of revenue, profits, goodwill, data, business opportunity, or anticipated savings.

17.3 Excluded Causes – Subject to Section 16, WEBFAST is not liable for losses arising from: (a) the Customer’s use of or inability to use any WEBFAST service; (b) errors, omissions, interruptions, defects or delays in operation or delivery; (c) unauthorised access to the Customer’s data or accounts caused by factors outside WEBFAST’s reasonable control; (d) suspension or termination for breach of these Terms or the AUP; or (e) suspension or termination required by law.

17.4 Force Majeure – WEBFAST is not in breach of these Terms and is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil disorder, industrial action, internet backbone failures, cyber attacks targeting third-party infrastructure, and acts or omissions of governmental authorities.

17.5 Indemnity – The Customer indemnifies WEBFAST against all demands, liabilities, losses, costs and claims (including reasonable legal fees) arising from: (a) the Customer’s content or activities; (b) the Customer’s breach of these Terms or the AUP; (c) the Customer’s breach of any law, including the ACL, Privacy Act, Spam Act 2003 (Cth), Copyright Act 1968 (Cth), and the Criminal Code Act 1995 (Cth); and (d) any third-party claim arising from the Customer’s use of the services.

18. ADDITIONAL LEGAL INFORMATION

18.1 Disclosure to Law Enforcement – WEBFAST may disclose Customer information (including assigned IP addresses, account history and account use) to any law enforcement agency that makes a lawful written request, without prior notice to the Customer where notice is prohibited or would prejudice the investigation. WEBFAST reserves the right to immediately terminate any service found to be hosting content of an illegal nature.

18.2 System & Network Security – Customers must not violate, or attempt to violate, the security of the WEBFAST network. Violations may result in civil or criminal liability and WEBFAST may cooperate with law enforcement in any investigation. Prohibited activity includes (without limitation):

Accessing data not intended for the Customer or logging into a server or account the Customer is not authorised to access.
Probing, scanning or testing the vulnerability of a system or network without proper authorisation.
Interfering with service to any user, host or network (including by overloading, flooding, mail bombing or crashing).
Forging any TCP/IP packet header or email/newsgroup header information.
Taking any action to obtain services that the Customer is not entitled to receive.

18.3 Governing Law & Jurisdiction – This agreement is governed by the laws of the State of New South Wales, Australia and the applicable laws of the Commonwealth. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

18.4 Severability – If any provision of these Terms is found to be unenforceable, that provision will be read down to the extent necessary, or severed, and the remaining provisions will continue in full force and effect.

18.5 Assignment – The Customer may not assign or transfer its rights or obligations under these Terms without WEBFAST’s prior written consent. WEBFAST may assign or novate these Terms as part of a sale or restructure of its business on written notice to the Customer.

18.6 Entire Agreement – These Terms, together with the Acceptable Use Policy, Privacy Policy and any written quotation or order confirmation, comprise the entire agreement between the parties and supersede all prior representations and agreements relating to the subject matter.

19. MODIFICATION OF THESE TERMS

WEBFAST may amend, update or change these Terms from time to time. Where a change is material and may impact the Customer’s use of a service, WEBFAST will give the Customer reasonable advance notice by email to the primary contact address recorded on the account, and will publish the updated Terms at https://webfast.au/terms-of-service/. The Customer’s continued use of any WEBFAST service after the effective date of the change constitutes acceptance of the updated Terms. If the Customer does not accept a material change, the Customer may cancel the affected service in accordance with Section 4 and request a refund for any unused portion of the prepaid term, subject to the Customer’s rights under the ACL.

20. CONTACT

CONTACT WEBFAST

WEBFAST PTY LIMITED

Phone: 1300 883 582 (9:00 AM – 5:00 PM Sydney EST, business days)

Email: sales@webfast.au

Web: https://webfast.au

Terms of Service

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