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.

We collect personal information that you voluntarily provide to us, including but not limited to:

Contact Information:

• Full name
• Email address
• Phone number
• Postal address
• Company name and ABN/ACN (for business clients)

Service Engagement Information:

• Project requirements and specifications
• Website content, images, and branding materials
• Login credentials for third-party services (when necessary for service delivery)
• Payment information (credit card details, bank account information)
• Communication history and support tickets

Website Usage Information:

• IP address
• Browser type and version
• Device type and operating system
• Pages visited and time spent on pages
• Referral source (how you found our website)
• Geographic location (country/city level)

When you visit our Website, we automatically collect certain technical information using cookies and similar tracking technologies:

• Cookies: Small text files stored on your device that help us recognize your browser and remember your preferences.
• Analytics Data: We use Google Analytics to collect aggregate data about website traffic, user behavior, and performance metrics.
• Heatmaps: We use heatmap tools (such as Hotjar or Microsoft Clarity) to understand how users interact with our website, including mouse movements, clicks, and scrolling behavior.
• Advertising Pixels: We use Facebook Pixel to measure the effectiveness of our advertising campaigns and deliver targeted ads to users who have visited our website.

We do not intentionally collect sensitive information such as:

• Health information
• Racial or ethnic origin
• Political opinions or affiliations
• Religious beliefs
• Sexual orientation
• Criminal records

If such information is inadvertently provided to us, we will take reasonable steps to delete it unless required by law to retain it.

We collect and use your personal information for the following purposes:

Service Delivery:

• To provide web development, security hardening, hosting, and maintenance services
• To communicate with you about your project or service engagement
• To grant access to hosted websites, control panels, and support systems
• To troubleshoot technical issues and provide customer support

Business Operations:

• To process payments and manage invoicing
• To maintain accurate business records and client accounts
• To comply with legal and regulatory obligations
• To enforce our Terms of Service and protect our legal rights

Website Improvement:

• To analyze website traffic and user behavior
• To improve website functionality, performance, and user experience
• To test new features and optimize content

Communication:

• To respond to inquiries, feedback, or support requests
• To send transactional emails related to your account or services (invoices, project updates, security notifications)
• To provide important service announcements or policy changes

We may disclose your personal information to trusted third-party service providers who assist us in operating our business and delivering services to you, including:

• Payment Processors: To process credit card payments and bank transfers (e.g., Stripe, PayPal, bank merchant services)
• Hosting Infrastructure Providers: To host client websites and data (e.g., cloud hosting providers, data center operators)
• Security Services: To provide malware scanning, DDoS protection, and threat intelligence (e.g., Cloudflare, Imunify360)
• Analytics Tools: To analyze website traffic and user behavior (e.g., Google Analytics, Facebook Pixel, heatmap providers)
• Communication Platforms: To send emails, SMS notifications, and support communications (e.g., email service providers)
• Backup Services: To securely store website backups and disaster recovery data

These third parties are contractually obligated to handle your personal information securely and only use it for the specific purposes we authorize. They are prohibited from using your information for their own marketing purposes.

We may disclose your personal information when required or permitted by law, including:

• To comply with court orders, subpoenas, or legal processes
• To respond to lawful requests from government authorities or law enforcement
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, or security threats
• To protect the rights, property, or safety of Shadowtek, our clients, or the public

In the event of a merger, acquisition, sale of assets, or business reorganization, your personal information may be transferred to the acquiring entity. We will notify you via email or prominent notice on our Website before your information is transferred and becomes subject to a different privacy policy.

We may disclose your personal information to other third parties with your explicit consent or at your direction.

We implement industry-standard security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction, including:

While we take reasonable precautions to protect your information, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security. You acknowledge and accept the inherent risks of transmitting information over the internet.

You are responsible for:

• Maintaining the confidentiality of your login credentials and passwords
• Notifying us immediately if you suspect unauthorized access to your account
• Using strong, unique passwords for your accounts
• Keeping your contact information up to date

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

When personal information is no longer required, we take reasonable steps to securely delete or anonymize it in accordance with industry best practices.

Cookies are small text files placed on your device when you visit our Website. They help us recognize your browser, remember your preferences, and analyze how you use our Website.

• Essential Cookies: Required for the Website to function properly. These cookies enable core functionality such as security, session management, and accessibility.
• Analytics Cookies: Help us understand how visitors interact with our Website by collecting and reporting information anonymously. We use Google Analytics to track metrics such as page views, session duration, and bounce rate.
• Advertising Cookies: Used to deliver relevant advertisements and measure campaign effectiveness. We use Facebook Pixel to track conversions and retarget visitors with ads on social media platforms.
• Heatmap & Session Recording: We use tools like Hotjar or Microsoft Clarity to record user sessions (mouse movements, clicks, scrolling) to improve website design and user experience. These recordings do not capture sensitive form inputs such as passwords or credit card information.

Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies or alert you when cookies are being sent.

To manage cookies:

• Chrome: Settings > Privacy and security > Cookies and other site data
• Firefox: Options > Privacy & Security > Cookies and Site Data
• Safari: Preferences > Privacy > Manage Website Data
• Edge: Settings > Privacy, search, and services > Cookies and site permissions

Please note that disabling cookies may affect the functionality of our Website and limit your ability to use certain features.

Our Website may contain links to third-party websites or integrate third-party services (such as social media plugins) that may place their own cookies on your device. We do not control these third-party cookies and are not responsible for their privacy practices. We encourage you to review the privacy policies of these third parties.

Under the Australian Privacy Principles (APPs), you have the following rights regarding your personal information:

• Right to Access: You have the right to request access to the personal information we hold about you. We will provide a copy of your information in a commonly used electronic format within a reasonable timeframe (typically within 30 days).
• Right to Correction: If you believe that the personal information we hold about you is inaccurate, out-of-date, incomplete, or misleading, you have the right to request that we correct it. We will take reasonable steps to correct the information within 30 days of your request.
• Right to Erasure: You may request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purposes for which it was collected. Please note that we may be required to retain certain information for legal, accounting, or security purposes.
• Right to Object: You have the right to object to the processing of your personal information in certain circumstances, such as when we rely on legitimate interests as the legal basis for processing.
• Right to Complain: If you believe we have breached your privacy rights, you have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by phone at 1300 363 992.

We do not charge a fee for processing reasonable privacy requests. However, if your request is manifestly unfounded, excessive, or repetitive, we may charge a reasonable administrative fee or decline the request.

Your personal information is primarily stored on servers located in Australia. However, some of our third-party service providers (such as cloud hosting platforms, analytics tools, and payment processors) may store or process data on servers located overseas, including in:

• United States
• European Union
• Singapore

When we disclose your personal information to overseas recipients, we take reasonable steps to ensure that those recipients comply with Australian privacy standards or are subject to similar privacy protections (such as the EU General Data Protection Regulation).

By using our Website or services, you consent to the disclosure of your personal information to overseas recipients for the purposes outlined in this Privacy Policy.