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Terms of service

Draft for legal review, prepared 10 October 2026 from the current terms. Dashed notes are questions for the lawyer and for Brendan and come out before publishing.

1 Prepared 10 October 2026 from the live wpalpha.com terms (captured 19 September 2026), restructured and modernised. Notes in square brackets are questions: 1 for the reviewing lawyer, 1 for the business owner. Remove every bracketed note before publishing.

WP Alpha Terms of Service

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These terms are a contract between you and Robotmedia Pty Ltd (ABN 85 134 420 867) trading as WP Alpha, of Unit 11/76 Township Drive, Burleigh Heads QLD 4220, Australia (“WP Alpha”, “we”, “us”, “our”). They govern your use of our hosting and related services. By creating an account, placing an order or using the Services, you (“you”, “your”, “Customer”) agree to these terms. If you are accepting on behalf of a business, you confirm you have authority to bind that business.

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1. Definitions

1.1 1 means the managed WordPress hosting we provide, together with any related services we offer through our website or the Customer Portal, including support, maintenance, add-ons and migrations. 1:2

1.2 1 means the hosting plan you select at checkout, for example a Basic plan or a Fully Managed plan, as described on our website at the time you order. 1:2

1.3 1 means an optional extra you buy alongside a Plan, for example the Conversion Tracking Pack.

1.4 1 means all data, files, text, software, images, databases, email and other material that you or your users upload to, store on or transmit through the Services, including the websites we host for you.

1.5 1 or 1 means the rules in clause 4.

1.6 1 means the billing and account portal we provide (currently operated on the Upmind platform) where you manage Plans, invoices and payment methods.

1.7 1 means a purchase of Services you make through the Customer Portal, our website or in writing with us.

1.8 1 means the amounts payable for the Services as shown on our website or in your Order.

2. The Services

2.1 We will provide the Services described in your Order with reasonable care and skill and in line with these terms.

2.2 We may improve, change or replace parts of the Services (for example server software, control panels, caching layers, CDN or backup tooling) at any time. Where a change would materially reduce the Services you have paid for, we will give you reasonable notice before it takes effect. 1:2

2.3 The Services rely on third-party software and infrastructure we do not control, including WordPress itself, plugins, themes, domain registries, DNS providers and upstream networks. We are not responsible for defects, outages or changes in those third-party components.

2.4 1 Every Plan includes support for the hosting platform: the server, the hosting control panel, WordPress core installation, email delivery from the server and the backup system. Some requests fall outside that scope, for example WooCommerce application support, custom theme or plugin development, content changes or third-party integrations. Where a request is out of scope we will tell you, and we may offer to do the work for a quoted fee.

2.5 1 Fully Managed Plans also include fixing WordPress problems on your site and speed and performance work. 1:2

2.6 1 Every Plan includes cleanup if your site is infected with malware. Cleanup means we remove the malicious code we find and restore the site to a working state, which may involve restoring from a backup. Cleanup is not a guarantee that your site cannot be compromised, and it does not cover rebuilding a site where a clean copy no longer exists. You remain responsible for keeping your login details safe and for keeping plugins and themes updated unless your Plan includes updates. 1:2

2.7 1 Uptime monitoring is included on Fully Managed Plans only. On other Plans we do not monitor your site and will not know it is down unless you tell us.

2.8 1 We work hard to keep sites online, but we do not guarantee any level of uptime and we do not provide service credits, refunds or compensation for downtime on any Plan. This applies whether or not uptime monitoring is included in your Plan. The money-back guarantee in clause 8.6 is a separate right and is not affected by this clause. 1:2

2.9 1 Some Add-ons use third-party products. The Conversion Tracking Pack uses PixelYourSite and CallRail. Those products are supplied under their own terms and privacy policies, and your use of the Add-on means you accept them. We do not control, and are not responsible for, the availability, accuracy or pricing of third-party products. 1:2

3. Your account and obligations

3.1 You must give us accurate account and billing details and keep them current.

3.2 You are responsible for keeping your account, control panel, SFTP, WordPress and other login details confidential, and for everything done through your account, including by your staff, contractors and users. Tell us promptly at questions@wpalpha.com if you suspect unauthorised access.

3.3 You must:

(a) comply with the AUP in clause 4;

(b) make sure your Content is lawful and that you have the rights you need to publish it;

(c) comply with the laws that apply to you in the places where you operate and in the region where your site is hosted;

(d) keep your own independent copy of your Content (see clause 6);

(e) pay the Fees when due; and

(f) use the Services only for websites you own or are authorised to manage.

3.4 If you use the Services to host sites for your own clients, you remain our Customer and are responsible for their compliance with these terms. 1:2

4. Acceptable Use Policy and fair use of resources

4.1 You must not use the Services, or allow them to be used, for any of the following:

(a) anything unlawful, including infringing copyright, trademarks or other intellectual property, or publishing defamatory, fraudulent or illegal material;

(b) sending spam, phishing or any unsolicited bulk communication, or hosting content linked to such messages;

(c) storing or distributing malware, exploits or other malicious code;

(d) attacking, probing, scanning or interfering with any network, server or system, including ours and those of other customers;

(e) bypassing or trying to bypass any security, resource limit or access control;

(f) cryptocurrency mining, proxy or VPN services, file sharing hubs, or other activities that consume disproportionate resources; or

(g) material that harms or exploits minors, or that promotes violence or hatred against any group. 1:2

4.2 1 Where we describe bandwidth, storage or traffic as “unlimited” or “unmetered”, we mean there is no fixed cap for normal website hosting. The Services are designed for typical websites. Usage that is excessive, abusive or that degrades performance for other customers is not permitted.

4.3 We may investigate unusually high resource usage, apply throttling or other technical limits to protect the platform, and require you to move to a more suitable Plan if your usage consistently exceeds what your Plan is designed for.

4.4 We may remove or disable access to Content, or suspend the Services, where we reasonably believe this clause has been breached. Where practical we will tell you first and give you a chance to fix the problem (see clause 7.5).

5. Content and intellectual property

5.1 You own your Content. You grant us a non-exclusive, royalty-free, worldwide licence to host, copy, back up, cache, transmit and display your Content as needed to provide the Services and to comply with law.

5.2 We do not review your Content and are not responsible for its legality, accuracy or suitability.

5.3 We own, or hold licences to, all intellectual property in the Services, our platform, our tooling and our documentation. Nothing in these terms transfers that to you.

5.4 If you give us feedback or suggestions about the Services, we may use them without any obligation to you.

6. Backups

6.1 We take a backup of each hosted site every two hours and keep those backups for 30 days. Older backups are deleted automatically.

6.2 Backups are provided as a convenience to help with recovery. Backups can and do fail. We do not guarantee that any particular backup exists, is complete or can be restored.

6.3 You can also set up scheduled backups to your own offsite storage, for example FTP, Dropbox or Google Drive, using the tools we provide. 1:2 We strongly recommend you do this, and that you keep at least one copy of your Content somewhere we do not control.

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6.5 Backups are deleted on the schedule in clause 7.8 when your Plan ends.

7. Term, cancellation, suspension and termination

7.1 1 These terms apply from the date you create an account or place an Order and continue until your account is closed by you or by us.

7.2 1 Monthly Plans have no minimum contract. You can cancel at any time from the Customer Portal. Cancellation takes effect at the end of the current billing period and you will not be charged again. 1:2

7.3 1 Yearly Plans are paid in advance for 12 months and include two months free compared with paying monthly. Yearly Plans renew automatically for a further 12 months unless you cancel before the renewal date. 1:2 1:2

7.4 1 We may stop offering a Plan or the Services on at least 30 days’ written notice. If we do, we will refund any prepaid Fees for the period after the end date. 1:2

7.5 1 We may suspend all or part of the Services, with as much notice as is practical in the circumstances, if:

(a) your Content or your use of the Services breaches clause 4 or puts our platform, other customers or third parties at risk;

(b) your site is compromised and poses an active threat (for example sending spam or hosting phishing pages);

(c) Fees are overdue (see clause 8.8); or

(d) we are required to by law, a court or a regulator.

We will lift a suspension once the cause has been resolved. Fees continue to accrue during a suspension caused by your breach.

7.6 1 Either party may end this agreement if the other materially breaches it and does not fix the breach within 1:2 days of written notice, or immediately if the breach cannot be fixed. We may also end this agreement immediately if you repeatedly breach clause 4, abuse our staff, or become insolvent.

7.7 1 When your Plan ends, your access to the Services stops and we may delete your Content and backups on the schedule in clause 7.8. Fees already paid are not refunded except as set out in clause 7.4 or clause 8.6.

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7.9 1 You are responsible for moving your Content to another provider before your Plan ends. We will provide a copy of your site files and database on request before the deletion date in clause 7.8. 1:2

8. Fees, payment and refunds

8.1 Fees are shown on our website and in the Customer Portal at the time of your Order. 1:2

8.2 Fees are billed in advance through the Customer Portal. We accept payment by card and other methods processed by Stripe, PayPal and GoCardless. By saving a payment method you authorise us to charge recurring Fees to it when they fall due.

8.3 Fees are exclusive of taxes unless stated. Australian GST, UK VAT or other sales taxes are added where they apply. 1:2

8.4 1 From time to time we offer the first month of a monthly Basic Plan for $1. After the first month the Plan renews at the standard monthly price shown at checkout unless you cancel before the renewal date. The offer is for new customers only and limited to one per customer. 1:2

8.5 1 The yearly price includes two months free, which means you pay for ten months and receive twelve. 1:2

8.6 1 If you are not happy with a new hosting Plan, you can cancel within 30 days of your first payment and we will refund the Fees you paid for that first month. The guarantee applies once per customer and to hosting Plan Fees only. It does not cover Add-ons, domain registrations, migration fees or other one-off services. 1:2

8.7 1 We may change Fees by giving you at least [BRENDAN/LAWYER: 30?] days’ notice through the Customer Portal or by email. The new Fees apply from your next billing period after the notice period ends. If you do not agree, you can cancel before then.

8.8 1 If an invoice is not paid when due we may suspend the Services after 1:2 and may terminate your Plan and delete your Content after 1:2. We may charge our reasonable costs of recovering overdue amounts. 1:2

8.9 1 If you dispute a charge with your bank or payment provider instead of contacting us first, we may suspend your account until the dispute is resolved and may pass on any chargeback fees we incur.

9. Privacy, security and data processing

9.1 We handle personal information in line with our Privacy Policy, which forms part of these terms.

9.2 Your site is hosted in the data centre region you choose at the time of your Order (currently Sydney, Melbourne, London or Chicago). We will not move your site to another region without telling you. 1:2

9.3 Where your Content includes personal information about your own users or customers, you are the controller (or APP entity) for that information and we process it on your instructions as a service provider. You are responsible for having a lawful basis to collect it and for your own privacy notices. 1:2

9.4 We maintain reasonable technical and organisational security measures for our platform. You are responsible for securing your own site: strong passwords, keeping WordPress, plugins and themes updated (unless your Plan includes this), and limiting who has administrator access.

9.5 If we become aware of unauthorised access to your Content on our systems, we will tell you without undue delay and give you the information you reasonably need to meet your own notification obligations. 1:2

10. Warranties and disclaimers

10.1 Each party warrants that it has the authority to enter into these terms and will comply with the laws that apply to it.

10.2 Except as expressly stated in these terms, the Services are provided “as is” and “as available”. To the extent the law allows, we exclude all other warranties, conditions and guarantees, whether express or implied, including fitness for a particular purpose, merchantability and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure or free of malware, or that backups will always be available.

10.3 1 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, the UK Consumer Rights Act 2015, or any other law that cannot be excluded by agreement. Where the law allows us to limit our liability for breach of such a guarantee, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied. 1:2

11. Limitation of liability

11.1 To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, data or Content, however caused, even if we were told it was possible.

11.2 To the extent the law allows, our total liability to you for all claims arising out of or connected with these terms or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the Fees you paid us in the 1:2 months immediately before the event giving rise to the claim.

11.3 You acknowledge that the Fees reflect this allocation of risk and that we would not provide the Services on these prices without it.

11.4 This clause is subject to clause 10.3.

12. Indemnity

12.1 You indemnify us, our directors, employees and contractors against all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from:

(a) your Content;

(b) your breach of clause 4;

(c) your breach of any law; or

(d) any claim by your own users, clients or customers connected with your use of the Services.

12.2 We will notify you of any claim, let you control the defence (with our reasonable cooperation) and will not settle a claim in a way that admits fault on your behalf without your consent. 1:2

13. Force majeure

13.1 We are not liable for any delay or failure to perform caused by events outside our reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, industrial action, government action, failures of upstream networks, data centres, power or telecommunications, or denial-of-service attacks against our platform. If such an event continues for more than 30 days, either party may end the affected Services on written notice.

14. Changes to these terms

14.1 We may update these terms from time to time. We will post the updated terms on our website and, for changes that materially affect your rights or obligations, notify you by email or through the Customer Portal at least 1:2 days before they take effect. Changes required by law may take effect sooner.

14.2 If you keep using the Services after the change takes effect, you accept the updated terms. If you do not agree, you may cancel before the effective date and we will refund any prepaid Fees for the period after cancellation.

15. Governing law and disputes

15.1 These terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and courts that hear appeals from them. 1:2

15.2 If you are a consumer in the United Kingdom or the United States, nothing in this clause removes your right to rely on mandatory consumer protections in your home jurisdiction, or to bring a claim in your local courts where the law gives you that right. 1:2

15.3 Before starting any court proceedings, each party agrees to raise the dispute with the other in writing and to try in good faith to resolve it within 30 days.

16. General

16.1 1 These terms, your Order, our Privacy Policy and any Data Processing Addendum together form the entire agreement between us about the Services and replace all earlier discussions, representations and agreements.

16.2 1 If any part of these terms is invalid or unenforceable, that part is removed or read down as far as necessary and the rest continues to apply.

16.3 1 If we do not enforce a right under these terms, that is not a waiver of it, and it does not prevent us enforcing it later.

16.4 1 You may not transfer your rights or obligations under these terms without our written consent. We may transfer ours to a related company or to a purchaser of our business on notice to you.

16.5 1 We will send notices to the email address on your account. You can send notices to us at questions@wpalpha.com or to our postal address above.

16.6 1 Nothing in these terms creates a partnership, joint venture, employment or agency relationship between us.

16.7 1 Clauses 5, 7.7, 7.8, 8, 10, 11, 12, 15 and 16 survive the end of these terms.

17. Contact us

Robotmedia Pty Ltd trading as WP Alpha

ABN 85 134 420 867

Unit 11/76 Township Drive, Burleigh Heads QLD 4220, Australia

Email: questions@wpalpha.com

*End of draft. Last updated 10 October 2026.*