Last Updated 10/11/2025
1.1 In these Terms:
ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Care Plan means the subscription plan selected by the Client, being the Pink, White or Black plan.
Client, you and your mean the person or entity purchasing the Care Plan.
Deliverables means the services and outputs supplied under the Care Plan.
Intellectual Property Rights means all intellectual property rights, including copyright, trade marks, designs, patents, circuit layouts and confidential information.
Service Intellectual Property means all materials, software configurations, processes, documentation and outputs created or provided by Stoke Design Co Pty Ltd in delivering the Care Plan.
1.2 Interpretation:
Headings are for convenience only and do not affect interpretation.
A reference to a person includes a company, partnership or trust.
Monetary amounts are in Australian dollars and exclusive of GST unless stated otherwise.
2.1 All Care Plans include, as a minimum:
One domain name†
One hosting instance for one WordPress installation
One Cloudflare firewall instance*
Premium plugin licensing for Elementor Pro, Crocoblock, Gravity Forms and other approved premium plugins, provided via Stoke Design Co agency licences while you maintain an active Care Plan
SMTP mail routing via Brevo/Amazon SES
Uptime monitoring
Malware scanning
Google Tag Manager management
Google Analytics management
Google reCAPTCHA/Cloudflare Turnstile management
Google Search Console management
Backups (per plan frequency)
WordPress core, theme and plugin updates (per plan frequency)
Website Health Report (per plan frequency)
2.2 Inclusions are provided as a bundled package and cannot be mixed and matched.
2.3 † and * If required, DNS may be provided by a client-appointed third party or IT company.
2.4 Agency-managed premium plugin licences are non-transferable and may only be used for the subscribed website. They provide updates and activation while your Care Plan remains active. On cancellation, these licences are removed in accordance with clause 27.3.
2.5 Premium plugins purchased specifically for your website (outside our agency licence pool) are estimated in the original proposal and are billed yearly on renewal as stipulated in that proposal. If these licences are paid directly by you, they remain your responsibility to renew to maintain functionality.
3.1 You engage Stoke Design Co Pty Ltd as an independent contractor to perform the Care Plan services you purchase.
3.2 Where access to your website or related services is required, you authorise Stoke Design Co Pty Ltd to access your accounts, including write permissions, and to install necessary WordPress plugins for maintenance and security.
4.1 One domain name is included per Care Plan from the following TLDs: .com.au, .com, .net.au, .net, .org.au, .org, .au.
4.2 Other TLDs may be available on request with a revised monthly Care Plan price.
4.3 Additional domains can be purchased for $50 + GST per annum each.
4.4 If you already own your domain or it is held by a third party, no discount applies to the Care Plan price.
5.1 Your website will be hosted with our partner data centres in South Melbourne or Sydney.
5.2 Hosting includes 10 GB SSD storage, 2 GB memory and unlimited bandwidth. One hosting instance is required per WordPress installation.
6.1 Stoke Design Co Pty Ltd does not host email services. We can recommend third-party providers.
6.2 Websites may use a premium relay service for transactional email deliverability. We will configure site forms and the relay service and troubleshoot matters within our control. Examples include Brevo and Amazon SES.
6.3 We do not liaise with, nor are we responsible for, third-party email or IT environments such as Microsoft 365 or Google Workspace, including spam filtering, DNS or mailbox settings. You must work with your IT provider to resolve issues outside our environment.
7.1 We partner with Cloudflare to provide firewall, SSL and monitoring services to help secure your website.
7.2 Security cannot be guaranteed. We use reasonable efforts to minimise risk but do not warrant against attacks or unauthorised access.
7.3 Stoke Design Co Pty Ltd is not liable for downtime or loss of sales arising from outages of your website.
7.4 Where the domain’s DNS is not delegated to our Cloudflare-managed zone and SSL is not terminated through our Cloudflare configuration, we cannot guarantee the security posture of the website, including protection against DDoS, malicious traffic, SSL/TLS configuration errors or certificate issues. You are responsible for any security risks arising from external DNS or SSL arrangements.
8.1 Automated malware scans run every 24 hours.
8.2 Detected malicious files or code are removed or quarantined at no additional cost.
9.1 Backup frequency by plan:
Pink Plan: daily
White Plan: hourly
Black Plan: hourly
9.2 Backups are stored on the website server for 30 days and in a secure offsite location outside Australia.
9.3 Restoration from backups can be performed on request. If the restoration is due to client error, fees may apply at the hourly rate in clause 20.5.
10.1 We provision and manage Google Tag Manager, Google Analytics, Google reCAPTCHA/Cloudflare Turnstile and Google Search Console to monitor site performance and reporting.
10.2 We can grant access to clients and authorised third parties. Stoke Design Co Pty Ltd remains the owner or primary manager of these properties to deliver the Care Plan effectively.
10.3 While we aim to maintain connections, disruptions can occur. Stoke Design Co Pty Ltd is not responsible for broken connections or loss of data or communications resulting from third-party outages.
11.1 Initial triage: we will investigate issues relating to third-party platforms or plugins (for example Stripe, Square, PayPal) for up to sixty (60) minutes at no additional cost.
11.2 Beyond initial triage, or where the issue is outside our control, any further troubleshooting, testing or liaison with third-party technical support is not included in the Care Plan and will be billed at $160 + GST per hour.
11.3 We do not provide ongoing support for third-party SaaS, CRM, POS or email systems (for example HubSpot, Mailchimp, Microsoft 365, Google Workspace) under the Care Plan. Such support can be provided at our hourly rate on request.
11.4 We do not warrant the performance or availability of third-party services.
12.1 Reporting frequency:
Pink Plan: monthly
White Plan: monthly
Black Plan: monthly
12.2 Reports are generated automatically and may include traffic insights, updates performed and optimisation notes. Raise any concerns with us directly.
13.1 Reviews may be conducted in person or via Google Meet. For locations more than 10 km from Ballarat VIC 3350, travel fees may apply.
13.2 Availability: Pink and White Plans annually; Black Plan every six months.
14.1 Responsive support includes:
Assistance for a website outage
Assistance to remedy failures in the original operation of the website
14.2 Responsive support does not include:
Assistance required due to client error that requires restoration from backup
Content insertion or general content updates
How-to training and general usage questions
Liaison with external providers engaged by the client
Corrections required due to changes in third-party services or APIs
14.3 Priority same-day assistance is available to Black Plan subscribers. Other enquiries are handled as soon as possible via our ticketing system.
14.4 Work outside the scope above is available at $160 + GST per hour.
15.1 Services are delivered 9:00 am to 5:00 pm (local office time), Monday to Friday, excluding public holidays and Christmas / New Year closure periods.
15.2 During closures, websites remain online, but non-automated services such as updates and support will not be performed.
15.3 Emails or messages received outside business hours will be answered as soon as practicable. For fastest turnaround, email [email protected].
16.1 Available to White and Black Plans only. We will agree with you on five keywords to track when the site goes live.
16.2 We track rankings but do not guarantee improvements. For ranking improvement, please discuss our SEO campaigns.
17.1 We use a third party to monitor for broken links.
17.2 Corrections will be made where applicable.
17.3 Available to White and Black Plans.
18.1 Updates are performed per plan:
Pink Plan: monthly
White Plan: fortnightly
Black Plan: fortnightly
18.2 Where your site includes e-commerce, the payment gateway is test-checked on each WooCommerce update.
19.1 We use a third party to check uptime every five minutes. If there is an outage, we are typically alerted within five minutes and commence investigation.
19.2 If your site appears unresponsive, email [email protected].
20.1 Content means:
Inserting or updating text on any page, post, custom post type or product
Inserting a new page, post or product
Updating existing content such as downloadable PDFs, text or images
20.2 Monthly inclusions:
White Plan: up to 60 minutes per month
Black Plan: up to 60 minutes per month
20.3 The following are not content changes:
Template, colour, font or other global design changes
20.4 Unused time does not roll over.
20.5 Additional changes are billed at $160 + GST per hour.
21.1 The Black Plan includes a Content Delivery Network to cache site content globally and improve load times.
22.1 We use a third party to reduce database bloat from drafts, spam comments and revisions.
22.2 Available to White and Black Plans.
23.1 For Black Plans, we can implement heatmaps and click maps for one page using a third-party tool.
24.1 Downtime is measured from the time a support ticket is opened with us until network availability is restored or the affected device is powered back on.
24.2 All websites may experience some downtime due to updates or external factors outside our control.
25.1 By joining a Care Plan you authorise recurring charges to the payment method on file for services rendered. You must keep your payment method current.
25.2 Monthly fees:
Pink Plan: $75 + GST per month
White Plan: $125 + GST per month
Black Plan: $235 + GST per month
25.3 Fees may change due to standards, policies, data and infrastructure costs. We will provide 30 days’ notice of any adjustment.
25.4 Payment method:
Care Plan payments are processed by credit card with no additional processing fees charged to you
By prior arrangement, we can issue monthly invoices on 14-day terms
26.1 If a payment fails, we will retry every 4 days up to three times and notify you after the first failure.
26.2 If payment remains outstanding after 14 days, we will contact you.
26.3 If no payment is made within 30 days of the due date, services will be suspended. A reactivation fee of $80 + GST applies to restore the website once payment is received.
26.4 If unpaid after 45 days, the website will be archived and hosting terminated. Reactivating a terminated website incurs a $320 + GST fee.
26.5 We are not responsible for data loss, traffic loss, business interruptions, DNS issues or email outages resulting from suspension or termination for non-payment.
27.1 You may cancel any monthly recurring service at any time after the first month of service.
27.2 No refunds apply once a package or service has commenced unless otherwise agreed in writing.
27.3 On cancellation:
Your website will be taken offline, packaged as files and database and supplied to you
The domain password will be provided so you can transfer the domain away
Agency-managed premium plugin licences provided under clause 2.1 are removed.
Premium plugins purchased specifically for your website under clause 2.5 remain your responsibility to renew annually in accordance with the original proposal, or functionality dependent on those licences may cease
Third-party connections and properties (for example GTM, GA, Merchant Center, Search Console, reCAPTCHA/Cloudflare Turnstile) will be disconnected, and data we have collected will be erased in our environment. Your new host must reconfigure these
27.4 Post-cancellation assistance is available at our hourly rate.
27.5 You agree to provide feedback or a testimonial upon request after completion or closure of the services.
28.1 You may edit WordPress content after completion unless otherwise agreed.
28.2 If anyone other than Stoke Design Co Pty Ltd or our subcontractors modifies the website and damages the design or functionality, repairs are outside the Care Plan scope.
28.3 Repair work will be billed at the hourly rate with a one-hour minimum.
29.1 All Intellectual Property Rights in the Service Intellectual Property vest in Stoke Design Co Pty Ltd upon creation.
29.2 You must not, without our prior written consent:
Adapt, create derivative works from or merge any template or Service Intellectual Property
Use Service Intellectual Property for any purpose other than the Care Plan purpose
Reverse engineer, disassemble or decompile any Service Intellectual Property
Distribute, lend, resell, transfer, assign or sublicense the Service Intellectual Property, or allow others to use it outside ordinary website use
Remove or alter any proprietary notices on the Service Intellectual Property
29.3 Stock images and commercial fonts licensed by us remain our property or our licensors’ property and are non-transferable, subject to their licensing terms.
29.4 We are not responsible for the content you supply or publish on your website.
29.5 We do not warrant that your use of designs, materials or content produced by us will be free of third-party claims. We will notify you if we become aware of any potential infringement.
29.6 You agree to display a Stoke Design Co Pty Ltd logo or text hyperlink in or under the website footer.
30.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the ACL that cannot be excluded, restricted or modified.
30.2 To the maximum extent permitted by law, our liability for failure to comply with a guarantee under the ACL is limited to, at our option:
the resupply of the services, or
the payment of the cost of having the services supplied again.
30.3 Subject to clause 30.1, we exclude liability for:
loss of profit, revenue, goodwill or business;
loss or corruption of data;
indirect, incidental, consequential or special loss;
downtime, performance or ranking impacts outside our control, including search engine algorithm changes or client-introduced bloat.
30.4 You use the website functions at your own risk. We do not guarantee that the website will be uninterrupted or error free or free from security intrusions.
31.1 We may refuse or terminate service to any site or client that, in our reasonable opinion, is offensive, obscene, hateful or malicious, or for any other reasonable ground. Service may be terminated without notice where required by law or to protect our systems or reputation.
32.1 By submitting payment via subscription form or invoice, you accept these Terms on behalf of your organisation or business.
32.2 These Terms constitute the entire agreement regarding the Care Plan. Any variation must be in writing and signed or otherwise expressly agreed by both parties.
33.1 We may update these Terms from time to time. The current version will be posted with the “Last updated” date. Material changes to pricing will be notified under clause 25.3.
34.1 Notices may be given by email to the addresses last notified by each party. For support, email [email protected]. For general enquiries, email [email protected].
35.1 These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
