Skypo Digital Master Service Agreement
Last updated: 27 May 2025
This Agreement sets out the terms on which Skypo Digital (ABN 66 150 837 004) (“we”, “our”, “us”) supplies services to you (“Client”, “you”). By signing a Service Order—whether a proposal, order form, or client‑portal product description—you accept these terms.
General Terms
Definitions
• Services – any products or work we supply, including web‑design projects, WordPress Care Plans, managed hosting, domain registration & renewal, business email and DNS, and digital‑marketing services.
• Service Order – a written offer issued by us (e.g., signed proposal, order form or client‑portal product description) that describes project‑specific scope, price and timeline.
• Client Materials – all text, images, logos, data or other content you supply or approve.
• Deliverables – the output we create for you under any Service Order.
Contract formation
A signed or accepted Service Order forms a binding contract incorporating this Agreement.
Order of precedence
If a term in a Service Order directly conflicts with this Agreement, the Service Order prevails for that project. All remaining matters continue to be governed by this Agreement.
Client Responsibilities
• Provide accurate information, timely feedback and any required approvals.
• Supply Client Materials in the requested format. If you do not supply content, we may—at our discretion—draft or AI‑generate copy or source stock assets as a courtesy. Such material is provided “as‑is”; you remain solely responsible for reviewing, correcting and ensuring it is lawful and fit for purpose.
• Maintain appropriate backups of mission‑critical data not covered by the relevant Schedule.
• Use the Services only for lawful purposes and comply with any acceptable‑use policy we publish.
Payment, billing and price changes
• All fees are quoted in Australian Dollars (AUD) and exclude GST unless stated otherwise.
• Invoices are due 14 days from issue. Automated reminders are emailed 7 days before, and 1, 7 and 14 days after, the due date.
• If payment remains outstanding 5 days after the due date we may suspend Services and apply a late‑payment fee equal to 10 % of the outstanding amount (minimum AUD 10) to cover administrative costs.
• Projects commence only once any required deposit has cleared.
• We may revise recurring fees by giving at least 30 days’ written notice. Continued use of the Services after the effective date constitutes acceptance of the new pricing.
Auto‑renewal
Unless cancelled in accordance with the relevant Schedule, subscriptions renew automatically for successive billing periods at the then‑current price.
Limitation of liability
Our aggregate liability to you for all claims arising out of the Services is limited to the total fees paid by you for those Services in the preceding 12 months. We exclude liability for indirect or consequential loss, loss of profit, and loss of data to the fullest extent permitted by law.
Consumer guarantees
Nothing in this Agreement excludes any non‑excludable rights you may have under the Australian Consumer Law. Where permitted, our liability for a breach of such rights is limited, at our option, to re‑supplying the Services or refunding the price paid.
Confidentiality
Each party must keep the other’s confidential information secret and use it only to fulfil this Agreement. This obligation survives for five years after termination, except for trade secrets, which survive indefinitely.
Intellectual property
• We own all intellectual property in pre‑existing tools, templates and code.
• Upon full payment you receive a non‑exclusive, worldwide licence to use the Deliverables for their intended purpose.
• Open‑source components remain subject to their original licences.
• We may display non‑confidential Deliverables in our portfolio unless you instruct otherwise in writing.
Force‑majeure
Neither party is liable for delay or failure caused by events beyond reasonable control (e.g. natural disaster, network outage, pandemic).
Third‑party platforms
We may use or replace third‑party providers—including cloud hosting, backup, monitoring, analytics, payment gateways, business‑email or domain‑reseller services—at our discretion, provided the overall Service is not materially degraded.
Termination and data migration
• Either party may terminate any Service on 14 days’ written notice.
• All outstanding invoices must be paid before we provide final backups or transfer data.
• Upon termination we revoke any agency or marketplace licences; you must procure replacements for continued use. Open‑source software is unaffected.
• Domain registrations follow their original registration term; cancellation means allowing the domain to expire or transferring it away.
Dispute resolution
The parties will attempt in good faith to resolve any dispute within 14 days. Failing resolution, either party may refer the matter to the NSW Civil & Administrative Tribunal or Small‑Claims Court. The courts of New South Wales have exclusive jurisdiction.
Governing law
This Agreement is governed by the laws of New South Wales, Australia.
Schedules
Schedule A – Web‑Design Projects
• Scope defined in the Service Order.
• Up to two rounds of reasonable revisions unless otherwise agreed.
• Indicative timeline provided; actual delivery dates adjust if Client feedback or materials are delayed.
• Payment: 50 % deposit, balance on pre‑launch review.
• Subscription‑based web‑design option billed monthly; minimum six‑month term.
• Portfolio credit link displayed in site footer unless removed for an agreed fee.
Schedule B – WordPress Care Plans
• Core, theme and plugin updates performed weekly.
• Off‑site backups retained for 30 days; restore is best‑effort and not guaranteed.
• Uptime monitoring 24 / 7 with email alerts.
• We aim to respond to support tickets submitted 9 am – 5 pm AEST, Monday–Friday (NSW public holidays excluded) within one business day.
• Exclusions: custom development, malware clean‑up, hosting support outside our platform.
• Emergency work surcharge applies at 1.5× standard hourly rate.
• Cancellation requires 30 days’ notice; Services cease at period end.
Schedule C – Managed Hosting & Domain Services
• Fair‑use resource limits (CPU, RAM, bandwidth) as published on our website.
• Server‑level backups taken weekly; restoration subject to availability.
• Acceptable‑Use Policy prohibits illegal content, spam and high‑risk materials.
• Accounts overdue by 5 days may be suspended; data deleted after 30 days.
• Domains are registered through our accredited registrar partner. You must keep registrant details accurate and comply with auDA / ICANN policies, including the Uniform Domain‑Name Dispute‑Resolution Policy (UDRP). Renewal notices are sent at least 30 days before expiry.
Schedule D – Business Email & DNS
• Mailbox quota and features per the selected plan.
• Fair‑use applies; bulk unsolicited email is prohibited.
• Service ends upon cancellation; you are responsible for exporting email data before closure.
• DNS records managed via our platform; changes by support ticket unless you have self‑service access.
Schedule E – Optional Digital Marketing Services
• Deliverables may include SEO audits, on‑page optimisation, PPC campaign setup, content creation or other activities described in the Service Order or in the relevant product description within our client portal.
• Monthly performance report via PDF or dashboard.
• Minimum three‑month term; thereafter month‑to‑month.
• No guarantee of specific rankings, traffic volume or ROI.