Terms

Last updated: 25 September 2025

These Terms and Conditions set out the basis on which Asporea Digital Pty Ltd ABN 653 431 479 trading as Asporea Digital and Asporea Hosting (we, us, our) supplies digital products, subscriptions, and online services through asporeadigital.com (Site) or asporeahosting.com (Site) or my.asporeahosting.com (Site). By placing an order, creating an account, subscribing to a plan, or accessing any download or member area, you agree to be bound by these Terms. If you do not agree, do not use the Site or purchase our products.

We are an Australian business. Nothing in these Terms is intended to exclude rights that cannot be excluded under the Australian Consumer Law.

1. Definitions

Account means your customer account on the Site.

Assignment means a scoped project or piece of work delivered under an order or proposal.

Care Plans means ongoing website maintenance and support subscriptions described on the Site.

Chatbot Plan means a subscription that provides access to our hosted AI chatbot services.

Digital Product means any downloadable file, template, document, course, software, or licence sold on the Site.

Messages means chatbot interactions measured per item; each user prompt and each chatbot response counts as one message.

Overages means usage in excess of the Messages included with your Chatbot Plan in a billing cycle.

Services means design, development, consulting, support, or other work we perform.

Subscription means a recurring purchase, including Care Plans, Chatbot Plans, and access to any member hub.

2. Eligibility and account

You must be able to form a legally binding contract to purchase. You are responsible for safeguarding your login and all activity on your Account. Notify us promptly of any unauthorised use.

3. Products and services

3.1 Digital Products

Digital Products are delivered by download or online access once payment is confirmed. Unless stated otherwise, licences are granted per purchaser for internal business use. Resale, redistribution, or public sharing is not allowed without our written consent.

3.2 Care Plans and Subscriptions

Care Plans provide ongoing WordPress maintenance and support as described on the Site. Unless stated, Care Plans do not include content creation, procurement of images, or work performed on third party platforms outside our control. Emergency support is available and billed at double time with a two hour minimum.

3.3 AI Chatbot Plans

3.3.1 Description

Chatbot Plans provide access to hosted AI chatbot services as described on the Site. Each plan includes a defined allocation of Messages per billing cycle.

3.3.2 Fair use

You must not use the chatbot in ways that are unlawful, abusive, or inconsistent with normal, good-faith usage. You must not resell, redistribute, share credentials, attempt to overload the service, bypass rate limits, or otherwise misuse the chatbot. We may suspend or restrict access where usage patterns indicate abuse, security risk, or unfair use.

3.3.3 Plugin licence – rental, not purchase; no reverse engineering

Where a plugin or connector is supplied to integrate the chatbot with your systems, it is provided on a rental basis under a limited, non-exclusive, non-transferable licence for the term of your active Subscription. No ownership or intellectual property rights are transferred. You must not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying technology. You must not rent, lease, sub-licence, sell, or otherwise transfer access to any third party without our written consent. We retain all intellectual property rights in and to the plugin and underlying technology.

3.3.4 Message counting and overages

• Each user prompt and each chatbot response counts as one Message.

• Usage resets monthly at the start of your billing cycle.

• If you exceed your included Messages, Overages are charged in full blocks of A$0.20 per 100 Messages. Charges are not pro-rated.

  • Examples: 101 Messages over = A$0.40 (two blocks); 250 Messages over = A$0.60 (three blocks); 399 Messages over = A$0.80 (four blocks).

• Overages are billed in arrears and added to your next invoice.

3.3.5 ChatGPT versions and how that affects counting

Our chatbot may use different versions of OpenAI’s ChatGPT (for example, GPT-3.5 or GPT-4) as identified on your plan. Message counting is the same regardless of model version: one prompt equals one Message; one response equals one Message. Different models may generate longer or more complex outputs, but this does not change how Messages are counted.

3.4 Services and project work

Services may include new builds, support and updates, plugin development, troubleshooting, and advisory. Development services include WordPress plugins, custom coding, plugin extension, and testing according to the written specification. We may use subcontractors. Subcontractors are bound to confidentiality and quality standards.

4. Orders, pricing, and taxes

All prices are in Australian dollars unless indicated. Prices may change at any time before you place an order. You are responsible for any applicable taxes. A tax invoice is provided for each order.

5. Payments and deposits

Payment is due at checkout for Digital Products and Subscriptions (including Care Plans and Chatbot Plans). For Services, new customers must pay a 50 percent deposit upfront. For customers with accounts in good standing, the deposit may be waived unless outlays are required at commencement.

Deposits are non refundable once work has commenced. Deposits cover resource allocation, preparatory work, and booked time. Refunds may be considered only if no work has started or by explicit written agreement.

Our current ad hoc hourly rates are:

• Customer support: A$55 per hour

• WordPress support and updates: A$65 per hour

• WordPress coding and plugin development: A$80 per hour

• Emergency support is charged at double time with a two hour minimum

6. Subscription billing and cancellation

Subscriptions renew automatically until cancelled. You authorise us and our payment processor to charge the renewal at each billing cycle. You can cancel at any time from your Account. Cancellation takes effect at the end of the paid period. Access to any member hub or subscription features, including chatbot access under a Chatbot Plan, ends when the paid period ends. We do not offer pro rata refunds unless required by law.

7. Delivery, access, and timeframes

Digital Products are available for download or access through your Account after payment. For Services, timeframes are set out in a proposal or statement of work. We will use reasonable care to meet agreed dates, but timelines may change where dependencies are not met, including delays in content, approvals, or access.

Where a temporary member hub is provided to collect content, access normally expires 30 days after issue. Extensions can be agreed in writing.

8. Your responsibilities

You agree to:

• Provide accurate information, timely feedback, and the access we need to perform the work

• Ensure you have the right to all content you supply

• Maintain your own backups unless you purchase a backup service from us

• Use our deliverables and the Site lawfully and in accordance with any fair use limits set out on the product page or proposal

You must not reverse engineer, copy, resell, or redistribute our Digital Products, plugins, or code without permission.

9. Revisions and change requests

Unless stated otherwise in your proposal, Services include up to two rounds of revisions based on the original brief. Additional revisions or out of scope changes are billed at our current rates.

10. Service levels

• Standard requests: we acknowledge emails within 30 minutes during business hours and commence within one business day

• Emergency requests: we acknowledge and commence within 30 minutes and bill at emergency rates with a two hour minimum

11. Third party services

We are not liable for outages, changes, or incidents involving third party services outside our control, including hosting providers, domain registrars, payment processors, email services, content delivery networks, or plugins. Where we recommend a third party, your relationship is with that provider under their terms.

12. Backups

Backups are not included unless purchased as an add on. You are responsible for ensuring you have adequate backup protection. We can provide backup services at extra cost, or you may use your own third party service. You should regularly test your backups.

13. Intellectual property and licence

You own the original content and assets you supply. On full payment of all amounts due, you own the final project specific deliverables, excluding our pre existing materials, frameworks, and tools. Our pre existing IP, including reusable code libraries and plugin engines, remains ours. We grant you a non exclusive licence to use our pre existing IP as incorporated in your deliverables for your internal business use.

We warrant that deliverables will meet the written specification at the time of delivery. Later changes caused by WordPress core or third party updates, or client modifications, are outside scope and may be quoted separately. If payment is outstanding, we may withhold licences and transfer of ownership until paid.

14. Confidentiality and non solicitation

Each party must keep the other party’s confidential information confidential and use it only for the Assignment. You agree not to attempt to solicit or hire our employees or contractors during the Assignment and for 12 months after completion.

15. Privacy and data handling

We comply with the Australian Privacy Principles. See our Privacy Policy on the Site. Where you supply credentials or client data so we can deliver Services, create time limited or role based access where possible. We will remove customer supplied service data and files at the end of the Assignment once handover is complete and any agreed post go live period has finished. Working copies and backups are purged on a rolling schedule.

16. Refunds and returns

16.1 Digital Products

Because Digital Products are downloadable and cannot be returned, refunds are not offered after download or access has been granted, except as required by the Australian Consumer Law. If a file is corrupt or not as described, contact us within 7 days so we can repair, replace, or refund as required by law.

16.2 Services and project work

If Services are not supplied with due care and skill or are not fit for the stated purpose, you may be entitled to remedies under the Australian Consumer Law. Change of mind refunds are not available once work has commenced. Deposits are non refundable once work has commenced.

16.3 Subscriptions, Care Plans, and Chatbot Plans

You can cancel at any time from your Account. Cancellation takes effect at the end of the paid period. We do not offer pro rata refunds for unused time unless required by law.

17. Acceptable use

You must not use the Site or our deliverables to:

• Infringe intellectual property or privacy rights

• Transmit malware or spam, or conduct security testing without consent

• Attempt to gain unauthorised access to systems or data

• Engage in unlawful, defamatory, or misleading conduct

We may suspend access where use breaches this clause or poses a security or operational risk.

18. Trials and beta features

Trials or beta features may be offered from time to time. They are provided as is, may change or end at any time, and may not be supported.

19. Service availability and maintenance

We use reputable infrastructure and perform regular maintenance. Planned maintenance is scheduled outside peak hours where practicable. Availability may be affected by third party providers and the public internet. Uninterrupted service is not guaranteed.

20. Third party licences and open source

Deliverables may include third party licences or open source components that are subject to their own terms. Where a paid licence is required, we will identify it in your proposal or invoice. You are responsible for ongoing third party licence renewals unless we agree to manage them.

21. Portfolio and publicity

We may reference your project in our portfolio and marketing in a general, non confidential manner once the work is live, using non sensitive screenshots and a short description. If you prefer not to be referenced, tell us in writing and we will refrain or remove.

22. SEO and performance guidance

Any SEO or performance guidance is provided on a best efforts basis and depends on factors outside our control, including algorithms, third party services, content quality, and user behaviour. We do not guarantee specific rankings, traffic levels, or conversion outcomes.

23. Security and credentials

We handle credentials securely and only for the Assignment. Create time limited or role based access where possible. Rotate credentials on completion. We are not responsible for unauthorised access arising from weak or shared passwords outside our control.

24. Website content, errors, and changes

We take care to keep Site information accurate, but errors, misprints, or omissions may occur. We may correct errors, update information, or cancel orders affected by errors before fulfilment and will refund any payments where required.

25. Free Plugins supplied at no charge

Definition

“Free Plugin” means any WordPress plugin, code snippet, or related software that we make available to you at no monetary charge, whether downloaded from our website or provided directly by us. “Paid Services” means any paid work such as scoping, installation, configuration, customisation, support, or remediation.

No fee and no SLA

Free Plugins are supplied at no charge. We do not provide any service level, uptime commitment, update schedule, or ongoing maintenance for Free Plugins unless we agree Paid Services in writing.

Licence

Free Plugins are provided under a software licence that permits use, copying, and modification subject to its terms. Unless we state otherwise, Free Plugins are licensed under the GNU GPL version 2 or later. You must comply with the applicable licence at all times.

Use at your own risk

You install and use Free Plugins at your own risk. Free Plugins may affect website stability, performance, security, compatibility, or data integrity. You are responsible for testing in a staging environment, keeping current backups, and ensuring the Free Plugin is suitable for your purpose before production use.

Compatibility and updates

We do not warrant that any Free Plugin will be compatible with your WordPress version, PHP version, theme, stack, or other plugins, or remain compatible after updates by any party. Future updates may change or remove features. We may withdraw or discontinue any Free Plugin at any time.

Security and data

Installing or using a Free Plugin may create security vulnerabilities or lead to data loss, corruption, service interruption, or unauthorised access. To the maximum extent permitted by law, you accept these risks and are responsible for security hardening, access control, monitoring, backups, and restores.

No support obligation

We have no obligation to provide support for Free Plugins. If you request help, it will be delivered as Paid Services at our then current rates unless we agree otherwise in writing.

Third-party components

Free Plugins may interoperate with or include third-party libraries, APIs, or services. We do not control those components and do not provide any warranty or endorsement for them. You are responsible for any third-party accounts, licences, or usage charges.

Australian Consumer Law

Nothing in these Terms excludes any rights you may have that cannot be excluded under the Australian Consumer Law. Where our liability for a non-excludable guarantee can be limited, it is limited to the supply of the services again or the payment of the cost of having the services supplied again.

Limitation of liability for Free Plugins

Subject to clause 26 and to the maximum extent permitted by law, our aggregate liability for all claims arising out of or in connection with any Free Plugin is capped at A$100. We exclude all indirect or consequential loss, loss of profit, revenue, goodwill, or data.

Indemnity

You indemnify us against any claim, loss, damage, cost, or expense arising from your installation or use of a Free Plugin, except to the extent caused by our negligence or wilful misconduct.

Relationship to Paid Services

Any scoping, installation, configuration, customisation, support, or remediation in relation to a Free Plugin is a separate Paid Service and will be quoted or charged at our published rates.

26. Warranties and disclaimers

We warrant Services will be provided with due care and skill. Digital Products are provided as described on the Site. Except as required by law, all other warranties are excluded. Websites, plugins, and integrations depend on third party software and infrastructure and performance may vary.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded. Where permitted, our liability is limited to resupplying the services or paying the cost of having the services resupplied, or replacing the goods or paying the cost of replacement.

27. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, loss of data, loss of business, or loss of opportunity. Our aggregate liability for all claims connected with these Terms is limited to the amount paid by you to us for the relevant product or service in the three month period before the claim.

28. Indemnity

You indemnify us against any loss or claim arising from content you supply, your misuse of the Site, or your breach of these Terms or any law.

29. Late payment

If an invoice is unpaid after the due date, interest at the current bank rate applies after 15 days overdue. At 30 days overdue, services may be suspended. At 45 days overdue, we may terminate the account without further notice and recover our costs of collection.

30. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, cyberattacks, major service outages, or government action.

31. Dispute resolution

If a dispute arises, both parties will try to resolve it by negotiation. If unresolved, either party may propose mediation. If still unresolved, the matter may be referred to arbitration before court proceedings, unless urgent injunctive relief is required.

32. Governing law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the non exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

33. Notices

We may send notices by email to the address on your Account. You may send notices to the contact details below. Notices are deemed received on the business day sent, or the next business day if sent outside business hours.

34. General

If any part of these Terms is invalid, the remainder stays in effect. A waiver of a breach is not a waiver of any other breach. You may not assign these Terms without our consent. We may assign our rights in connection with a business sale or restructure.

35. Entire agreement

These Terms, together with any proposal, statement of work, and policies referenced on the Site, make up the entire agreement for online purchases and supersede prior discussions to that extent.

36. Contact us

Business name: Asporea Digital Pty Ltd

Postal address: PO Box 4468, Kingston ACT 2604

Email: [email protected]

Phone: 0480 138 054