Managed Hosting Terms of Service

Introduction

These Terms of Service (“Terms”) govern your use of Jenkins Digital’s managed WordPress hosting services. By using our services, you agree to be bound by these Terms. If you do not agree to any part of the Terms, you must not use our services.

For the purposes of these Terms, “Jenkins Digital”, “we”, “us”, or “our” refers to the service provider (a sole trader business in Australia), and “you” or “your” refers to you, the customer or user of our hosting services.

Last Updated: 07 July 2025

Service Description

Jenkins Digital provides managed WordPress hosting services as a white-label reseller of WPMU DEV’s hosting platform. This means the underlying server infrastructure and hosting technology are provided by WPMU DEV, while Jenkins Digital manages your account and support. Our hosting services include, but are not limited to:

  • Server management and monitoring
  • Automated WordPress core, plugin, and theme updates
  • Regular site backups
  • Security configurations and malware protection
  • SSL certificates and implementation

All services are subject to the features and limitations of your selected hosting plan, as described on our website or service agreement.

Unlimited Content Updates (Fair Use Policy)

As part of the service, Jenkins Digital offers unlimited content updates by request. This includes:

  • Uploading and formatting blog posts or articles
  • Replacing or adding images and photo galleries
  • Updating page text, contact details, or business information
  • Minor layout or content tweaks to existing pages

All content must be supplied by the customer in a usable format (e.g. copy-ready text, images sized for web).

Fair Use Limitations

This service is subject to a fair use policy to ensure reasonable workloads and service availability for all clients. Specifically:

  • Jenkins Digital does not provide full website redesigns under this policy
  • Requests involving custom feature development, plugin creation, or bespoke functionality are not included and may be quoted separately
  • Excessively frequent, complex, or high-volume requests may be scheduled over time, or in rare cases may require a separate support plan

We’re here to support your website’s ongoing content needs — this policy simply ensures requests remain within a manageable and consistent scope.

Accounts & Billing

Account Setup

Hosting accounts will be provisioned only after we have received payment and verified the required information from you. You are responsible for providing accurate and up-to-date account information (including contact details) and payment details during sign-up and throughout the term of service. If your details change, you must notify us or update your information promptly.

Billing & Payment

Hosting services are billed on a monthly or annual subscription basis, depending on the plan you select at sign-up. All payments are due in full by the invoice due date indicated on your invoice. All payment transactions are handled by third-party payment processors (such as WPMU DEV’s billing system or Stripe) on our behalf. Jenkins Digital does not directly store or process your credit card details – any payment information you provide is transmitted securely to these third parties. By submitting your payment, you authorise the third-party processor to charge the applicable fees and you agree to abide by their terms of service as well.

Overdue Payments and Service Suspension

To ensure uninterrupted service, you must pay all invoices by the due date. If an invoice remains unpaid beyond the due date, the following actions will be taken:

  1. 7 Days Overdue: Your hosting account will be suspended, and your website will become inaccessible until payment is received.
  2. 14 Days Overdue: Your hosting account, including all associated website data, will be permanently deleted from our servers. This deletion is irreversible, and Jenkins Digital will not be liable for any loss of data resulting from account termination due to non-payment.

If your account is suspended or terminated for non-payment, reactivation may not be possible. In cases of termination, Jenkins Digital may (but is not obligated to) assist in restoring your site from a backup if one is available (see “Data Retention & Backup Responsibilities” below), and additional fees may apply for restoration.

Data Retention & Backup Responsibilities

Automated Nightly Backups

Jenkins Digital performs automated nightly backups of websites on our hosting platform as part of the managed service. These backups are intended for emergency recovery purposes only. They should not be relied upon as your sole backup solution. We do not guarantee that every backup will be error-free or up-to-date. If a site is deleted due to non-payment or other termination, a recent nightly backup may be available for restoration within 30 days of termination, provided the backup can be matched to your account (e.g. via the original setup domain). After 30 days from the termination of a hosting account, backup data is typically purged and will no longer be available.

Optional Hourly Backups

For an additional monthly fee, customers may opt in to hourly backup services for their websites. Hourly backups are recommended for medium to high-traffic or e-commerce websites, as they provide more frequent restore points and enhanced recovery options in case of site failures or data corruption. You may request to enable hourly backups at any time (subject to the additional fee), and we will configure this service for your account.

Customer Backup Responsibility

While Jenkins Digital provides backup services as described above, you are ultimately responsible for maintaining your own backups of your website, databases, emails, and any other content. We strongly encourage you to regularly download and store your own backup copies (including off-site or third-party backups) to protect against data loss. Jenkins Digital will not be liable for any data loss or corruption due to:

  • Your failure to maintain independent backups of your data
  • Account termination or deletion due to overdue payments
  • Accidental deletions or changes made by you (or your agents)
  • Any other unforeseen events beyond our control

If you require assistance, at your request Jenkins Digital can provide tools or guidance to help you create and retrieve backups of your site. Requests for backup assistance can be made by submitting a support ticket through the Jenkins Digital Client Hub or by contacting us directly.

Website Export Service

Upon request, Jenkins Digital can provide a one-time full export of your website for portability. This service is offered for a fixed fee of $55.00 AUD (which may be waived at our discretion). The export will consist of your website’s files and database packaged in a format suitable for deployment to a new hosting environment (note: it is not a self-contained virtual server image, but a standard WordPress site package). The export package will be made available to you via a download link, and we will retain the package for at least 12 months from the date of export for your convenience. This service is subject to scheduling and availability, and fees paid for the export are non-refundable once the export is completed.

The Website Export Service is not available for terminated accounts.

Acceptable Use Policy

By using our hosting services, you agree to use them responsibly and in compliance with all applicable laws and regulations. You must not use Jenkins Digital’s services for any illegal or prohibited activities. Prohibited uses include, but are not limited to:

  • Hosting or distributing content in violation of copyright laws or other intellectual property rights (e.g. pirated software, music, movies) without proper authorisation.
  • Sending unsolicited bulk emails or spam, or engaging in any form of abusive, fraudulent, or deceptive online behaviour.
  • Attempting to probe, scan, or test the vulnerability of any system or network, attempting to breach security or authentication measures, or otherwise trying to gain unauthorised access to our servers or other accounts.
  • Engaging in any illegal activity or any activity that is harmful to our servers or infrastructure, including distributing malware or initiating denial-of-service attacks.
  • Any other conduct that Jenkins Digital deems, in its sole discretion, to be an abuse of our services or contrary to the intended use of our hosting platform.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, with or without notice, at Jenkins Digital’s sole discretion. Severe violations (especially illegal activities) may be reported to the appropriate law enforcement authorities.

Suspension & Termination

Jenkins Digital reserves the right to suspend or terminate your hosting account under any of the following circumstances:

  • Non-Payment: If you fail to pay overdue invoices as described in the Accounts & Billing section, leading to account suspension or deletion.
  • Acceptable Use Violations: If you breach the above Acceptable Use Policy or any other material provision of these Terms.
  • Other Material Breach or Exceptional Circumstances: If you violate other terms of this agreement or if there is another extraordinary reason (at our discretion) that justifies suspension or termination to protect our interests, other customers, or the integrity of our services (for example, if your website is causing significant disruption to the server or network).

If an account is suspended, we may provide notice and an opportunity to remedy the issue (if applicable) at our discretion. Termination of an account will result in the deactivation and deletion of your website and data as described in the Data Retention & Backup Responsibilities section. Jenkins Digital shall not be liable to you for any claims or losses resulting from a rightful suspension or termination of service.

Refund Policy

All fees paid for hosting services are non-refundable except as required by law. In particular, Jenkins Digital does not offer pro-rata or partial refunds for unused time or early cancellations of your hosting term. Once a billing period has begun and service is provided, you are responsible for the full period’s fees.

Any requests for a refund outside of your rights under the Australian Consumer Law will be considered only at Jenkins Digital’s sole discretion. If we decide to issue a refund or credit in an exceptional case, we may deduct any third-party costs already incurred (for example, non-refundable payment processing fees or commissions) before providing the remainder to you. We encourage you to contact our support team to address any concerns or technical issues; we will make all reasonable efforts to resolve problems with the service. If you choose to cancel the service, please notify us via the Client Hub or contact us directly to discuss any issues.

Service Availability & Maintenance

Jenkins Digital aims to deliver a reliable hosting service with a target uptime of 99.9%. However, we do not guarantee uninterrupted service. From time to time, your website may be inaccessible or the service may be degraded due to circumstances both within and beyond our control, including (but not limited to):

  • Scheduled Maintenance: We periodically perform maintenance or upgrades on the hosting platform. When possible, we will provide advance notice of scheduled maintenance windows that may cause downtime.
  • Third-Party Issues: Technical problems arising from our upstream providers or partners (such as data centre outages, network provider failures, or issues in the WPMU DEV platform) may impact your service.
  • Automatic Updates and Backups: Routine actions like automated backups, patches, or system updates may temporarily affect performance or availability of the service.
  • Force Majeure Events: Unforeseen events outside our control (for example, power outages, natural disasters, widespread internet disruptions, or cyber attacks) could cause service interruptions.

You acknowledge that occasional downtime or service interruptions are an inherent risk in web hosting services. Jenkins Digital shall not be responsible for any losses or damages resulting from such interruptions, but we will endeavour to minimise disruption and restore service as quickly as possible. We also offer an optional 24/7 Proactive Monitoring add-on (for an additional fee) which can provide alerts and quicker response in case your site experiences downtime.

Customer Service Requests

We strive to provide prompt and helpful support to all hosting clients. You may request assistance or technical support through our support channels, which include:

  • Submitting a ticket via the Jenkins Digital Client Hub (this is the preferred method for tracking issues).
  • Sending an email to our support email address.
  • Messaging us through any official messaging platform we support.
  • Calling our support phone line during business hours (if available).

Our goal is to respond to all support requests within 48 hours. However, response times may vary, especially during weekends, public holidays, or peak periods. Complex issues may take longer to resolve, but we will keep you informed of progress. We appreciate your patience and will work diligently to address your concerns.

Customer Behaviour

Jenkins Digital is committed to treating customers with respect and providing professional support. We expect our customers to reciprocate that professionalism when interacting with our team. You must refrain from abusive or inappropriate behaviour in communications with us. This includes (but is not limited to):

  • Using offensive, derogatory, or profane language in emails, chats, or phone calls.
  • Making threats, personal attacks, or engaging in harassing or aggressive conduct towards our staff.
  • Repeatedly demanding responses within an unreasonable timeframe or spamming our support channels.
  • Any other behaviour that is widely considered unacceptable in a professional context or which hinders our ability to assist you.

If a customer’s behaviour is deemed unprofessional, abusive, or harmful, Jenkins Digital reserves the right to take appropriate action. Such actions may include issuing warnings, limiting the ways you can contact support, or in extreme or persistent cases, suspending or terminating your services and/or refusing future service. We value respectful communication and will do our best to resolve issues without conflict.

Disclaimer of Warranties

Jenkins Digital’s hosting services are provided on an “as is” and “as available” basis. To the maximum extent permitted by Australian law, we make no representations or warranties of any kind, express or implied, regarding the quality, reliability or availability of the service. This includes, without limitation, no warranties that the services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that our hosting will meet your specific requirements or expectations, or that it will be suitable for a particular purpose.

All implied or statutory warranties (including any warranties of merchantability, fitness for purpose, or non-infringement) are expressly disclaimed to the fullest extent permitted by law. However, nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees or legal rights that you may have under the Australian Consumer Law or other applicable legislation that cannot be lawfully excluded. You acknowledge that, aside from any such non-excludable guarantees, you assume all risks associated with the use of the service. Any advice or information obtained from Jenkins Digital outside of these Terms (whether oral or written) does not create any warranty that is not expressly stated in these Terms.

Limitation of Liability

To the extent permitted by law, Jenkins Digital (including our officers, agents, and affiliates) will not be liable to you for any type of loss or damage arising out of or related to your use of (or inability to use) the hosting services. This exclusion of liability applies to all forms of damages or losses, whether in contract, tort (including negligence), equity, or otherwise, and whether direct, indirect, incidental, special, consequential, or exemplary. In particular, Jenkins Digital is not liable for:

  • Loss of website content or data, including any data loss resulting from delays, corruption of files, software glitches, backup failures, or deletion of your account as per our policies.
  • Loss of revenue or profits, whether actual or anticipated, and loss of business opportunities.
  • Business interruption or downtime, or any damages resulting from your website being offline or unavailable.
  • Loss of goodwill or reputation arising from any service outage, security breach, or other performance issue.
  • Any other indirect or consequential losses of any kind.

You specifically agree that Jenkins Digital shall not be responsible for any damages, losses, or claims resulting from service interruptions, downtime, security incidents, or data breaches, especially those that are beyond our reasonable control (including issues originating with third-party providers like WPMU DEV or Stripe). It is your responsibility to maintain appropriate backup measures, security practices, and insurance as needed to protect your interests.

Where any law (such as the Australian Consumer Law) implies a guarantee or obligation into this agreement which cannot legally be excluded, then to the fullest extent allowed, Jenkins Digital’s liability for breach of that guarantee is limited, at our option, to either: (a) resupplying the services to you; or (b) paying the cost of having the services resupplied. In no event will our total aggregate liability to you exceed the amount of fees you paid us for the specific hosting service that gave rise to the claim in the 12 months preceding the claim.

Privacy & Data Protection

Your privacy is important to us. Jenkins Digital collects and uses personal information from you (such as your name, contact information, and billing details) solely for the purposes of providing and administering the hosting services. We handle all personal information in accordance with applicable Australian privacy laws and principles.

Data Sharing: In order to deliver the hosting service, we may share necessary data with third parties such as WPMU DEV (for provisioning and managing the underlying hosting environment) and payment processors like Stripe (for billing). These providers will receive only the information required to perform their role (for example, payment processors receive your card details and billing information, while WPMU DEV’s platform may process your site data and login credentials for hosting management). By using our services, you consent to this sharing of information. We do not sell or rent your personal information to any unrelated third parties.

Data Storage and Transfer: Your website data and backups may be stored on servers provided by WPMU DEV, which could be located in data centres outside your state or outside Australia. While we and our partners take precautions to secure your data, you acknowledge that no method of electronic storage or transmission is completely secure. Jenkins Digital will not be liable for unauthorised access to data or any loss of data stored on third-party systems, except to the extent required by law.

Payment Information: As noted in the Billing section, we do not store your full credit card details on our systems. All payment transactions are processed securely through third-party platforms compliant with industry security standards (e.g. PCI-DSS for credit card processing). Any payment data that we do retain (such as transaction references or billing addresses) is protected in accordance with our privacy obligations.

Use of Information: We will use your personal information to communicate with you about your service (such as sending invoices, service announcements, or support responses) and to fulfil our obligations under these Terms. We may also aggregate non-personal technical data (such as server performance metrics) to improve our services, but this aggregated data will not identify you personally.

For more details on how we handle personal information, please refer to our Privacy Policy (if available on our website) or contact us with any privacy-related questions. By using the service, you acknowledge that you have read and understood this privacy notice and consent to the collection and use of your information as described.

Amendments

Jenkins Digital reserves the right to amend or update these Terms at any time. If we make significant changes to the Terms, we will provide notice to customers by email or via an announcement in the Client Hub or on our website. It is your responsibility to review any updated Terms. Continued use of the hosting services after changes to the Terms have been made and communicated will constitute your acceptance of the revised Terms.

If you do not agree with an amendment, you may discontinue the service. (If you terminate the service due to a material change in Terms, you may be entitled to a refund for the unused portion of your hosting term, as required by law.) Otherwise, the updated Terms will apply to you from the effective date specified.

Governing Law

These Terms of Service shall be governed by and interpreted in accordance with the laws of Australia, specifically the laws of the Australian Capital Territory (ACT), without regard to its conflict of law principles.

Any disputes arising out of or in connection with these Terms or the services provided shall be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory. By using our services, you agree to submit to the jurisdiction of those courts for such matters.