OSKY Care
Terms and Conditions

Last updated: 13 May 2026

These Osky Care Terms and Conditions apply to Osky Care managed website maintenance, support, security, monitoring, reporting and hosting services provided by Osky Interactive Pty Ltd ABN 96 560 826 053.

By submitting an online order form, signing a PDF order form, accepting a quote, signing a proposal, confirming acceptance by email, or continuing to use the Services, the Client agrees to be bound by these Terms.

1. Definitions

In these Terms:

Agreement means these Terms together with the relevant Order Form and any special conditions agreed in writing by OSKY.

Client means the person, company, organisation or entity receiving the Services.

Custom Package means a tailored Osky Care package with inclusions, exclusions, limits, support arrangements, billing terms, reporting obligations, hosting arrangements or special conditions agreed in writing by OSKY.

Effective Date means the date the Services commence, as stated in the Order Form or otherwise agreed in writing.

Fees means the fees payable for the selected Osky Care Package, hosting plan, additional services, third-party costs or other agreed services.

Order Form means an online order form, PDF order form, accepted quote, signed proposal, service schedule, email acceptance, or other written approval accepted by OSKY that identifies the Client’s selected Services.

Package means the Osky Care service level selected by the Client, such as Micro, Medium, Large, Custom, or any other package offered by OSKY from time to time.

Renewal Cycle means the applicable billing or renewal cycle, such as monthly or annually, as stated in the Order Form.

Services means the Osky Care managed services provided by OSKY, which may include website maintenance, support, backups, monitoring, security services, reporting, hosting, and related services.

Terms means these Osky Care Terms and Conditions, as updated from time to time.

Website means the website, web application, platform, or digital property nominated in the Order Form.

2. About these Terms

These Terms apply to all Osky Care Services unless otherwise agreed in writing by OSKY.

The Client’s selected Package, Fees, Website, billing cycle, hosting services, Effective Date and any special conditions will be set out in the relevant Order Form.

If there is any inconsistency between these Terms and an Order Form, the Order Form will apply to the extent of the inconsistency, unless otherwise stated. Any special condition or variation must be clearly stated in the Order Form or otherwise agreed in writing by OSKY.

3. Order Forms and Acceptance

The Client may order Osky Care Services through an online order form, PDF order form, accepted quote, signed proposal, service schedule, email acceptance, or other written approval accepted by OSKY.

The Order Form will identify the Client, selected Package, nominated Website or Websites, applicable Fees, billing cycle, hosting services if applicable, Effective Date, and any agreed special conditions.

4. Term and Renewal

The Agreement begins on the Effective Date and continues until terminated in accordance with these Terms.

Unless otherwise stated in the Order Form, Osky Care Services renew automatically according to the selected Renewal Cycle.

Monthly packages renew monthly. Annual packages renew annually from the Effective Date or other renewal date stated in the Order Form.

5. Package Assessment, Scope and Reassessment

Osky Care packages are recommended based on the estimated level of maintenance, monitoring, support, reporting and technical management required for the nominated Website.

Unless otherwise stated in the Order Form, OSKY generally assesses package suitability by considering factors including:

Website complexity
CMS condition
plugin, theme or module volume
update frequency
security risk
hosting requirements
traffic levels
support needs
reporting requirements
technical dependencies
expected monthly effort

The general package categories are:

Micro: suitable for lower-complexity websites requiring limited ongoing support, maintenance and monitoring.
Medium: suitable for websites requiring moderate ongoing support, maintenance, monitoring and licence management.
Large: suitable for more complex websites requiring higher levels of ongoing support, maintenance, monitoring, reporting and performance review.
Custom: suitable for websites or organisations requiring tailored inclusions, support arrangements, hosting requirements, service levels, reporting requirements or commercial terms.

OSKY may use estimated monthly effort as one factor in recommending a Package. Any estimated hours are used to determine package suitability and are not a guaranteed allocation of block hours unless expressly stated in the Order Form.

Unused monthly allocation, estimated effort or included support does not roll over to the next month unless expressly agreed in writing by OSKY.

OSKY may reassess the Client’s Package if the required effort, Website complexity, plugin volume, CMS condition, hosting requirements, security risk, support demand, reporting requirements, technical dependencies or operational needs exceed the selected Package.

Where a package reassessment is required, OSKY will provide one month’s notice before any package change takes effect from the next billing cycle, unless urgent action is required to manage a security, operational, legal or hosting risk.

6. Included Services

The Services provided under Osky Care vary depending on the Package selected by the Client and the specific inclusions set out in the relevant Order Form.

Osky Care packages may include some or all of the following services, depending on whether the Client selects Micro, Medium, Large, Custom, or another package offered by OSKY from time to time:

helpdesk support during standard business hours for minor technical issues
web server backups for restoration purposes
CMS, plugin, theme or module updates, where compatibility allows
security monitoring, malware scanning and cleanup of suspicious code
automated uptime monitoring
uptime reports
maintenance reports
performance benchmark reviews, where included in the selected Package or Order Form
basic SEO health checks or SEO reporting, where included in the selected Package or Order Form
Google Analytics reporting, where included in the selected Package or Order Form
licence renewal tracking, where included in the selected Package or Order Form
minor consultation and advice within the selected Package scope
hosting services, where selected
server performance monitoring, where hosting is selected
updates and upgrades to PHP, operating system or server software, where hosting is selected and where compatibility allows
any other services expressly stated in the Order Form

Not all listed services are included in every Package.

The specific inclusions, limits, frequency, service levels, backup retention period, hosting resources, reporting obligations and support arrangements will be determined by the selected Package and the Order Form.

Services are provided only for the Website or Websites nominated in the Order Form.

If the Client selects a Custom Package, the inclusions, exclusions, limits, support arrangements, billing terms and any special conditions will be set out in the Order Form or otherwise agreed in writing by OSKY.

7. Package Descriptions and Marketing Material

OSKY may publish package descriptions, pricing tables, landing pages, brochures, proposals or other marketing material describing Osky Care packages and common inclusions.

These materials are intended to help Clients understand the available packages. The actual Services, limits, frequencies, service levels, hosting resources, reporting obligations, support arrangements and special conditions applying to a Client will be determined by the selected Package and the relevant Order Form.

If there is any inconsistency between general marketing material and the Order Form, the Order Form will apply. If there is any inconsistency between general marketing material and these Terms, these Terms will apply unless OSKY expressly agrees otherwise in writing.

Where OSKY describes a Package as suitable for websites with advanced features, ecommerce, memberships, subscriptions, events management, custom integrations or external APIs, this means the Package may be suitable for maintaining, monitoring and supporting such Websites. It does not mean that new feature development, custom integration development, API redevelopment, third-party platform troubleshooting or major remediation work is included unless expressly stated in the Order Form.

8. Hosting Services

Where hosting is included in the selected Package or Order Form, OSKY will provide hosting services according to the selected hosting plan.

Hosting resources, storage, bandwidth, CPU, memory, backup retention, infrastructure limits and other technical inclusions are subject to the selected hosting plan.

OSKY may recommend a hosting upgrade if Website traffic, storage usage, performance requirements, security risk, technical complexity, or operational requirements exceed the selected hosting plan.

Unless expressly agreed in writing, OSKY does not guarantee unlimited storage, unlimited bandwidth, unlimited traffic, uninterrupted availability, or any specific hosting performance outcome.

9. Support, Monitoring and Response Times

Osky Care includes support during OSKY’s standard business hours unless otherwise stated in the Order Form.

Automated uptime monitoring means automated monitoring of Website availability. It does not mean 24/7 helpdesk availability, guaranteed immediate response, or guaranteed issue resolution within a specific timeframe.

Telephone and email support, where included, is limited to minor Website-related questions, support requests and advice within the selected Package scope.

Unless expressly included in the selected Package or agreed in writing, Osky Care does not include guaranteed out-of-hours support, emergency response times, or service level guarantees.

Urgent, emergency, complex or out-of-scope work may be quoted or charged separately.

10. SEO Health, Analytics and Reporting

Where SEO health checks, SEO reporting, Google Analytics reporting, performance benchmark reports, uptime reports or maintenance reports are included in the selected Package or Order Form, those reports are limited to the reporting scope included in that Package.

SEO health checks or SEO reports are limited to basic technical observations, reporting or recommendations unless otherwise agreed in writing.

They do not include SEO strategy, keyword research, content writing, backlink building, competitor analysis, technical SEO remediation, schema implementation, website restructuring, content optimisation or SEO campaign management unless expressly included in the Order Form.

Google Analytics reporting, where included, refers to reporting based on available analytics data. It does not include Google Analytics setup, Google Tag Manager setup, tracking remediation, event tracking configuration, conversion tracking implementation, data layer work, advertising pixel setup or analytics strategy unless expressly agreed in writing.

Performance benchmark reviews, where included, refer to reporting or review of website performance. They do not include implementation of performance upgrades, hosting upgrades, code optimisation, image optimisation, caching configuration, theme refactoring or redevelopment unless expressly agreed in writing.

11. Exclusions

Unless expressly included in the selected Package or Order Form, Osky Care does not include:

new feature development
website redesign or redevelopment
major theme changes
custom development
content writing or content entry
SEO strategy, keyword research, content writing, backlink building, competitor analysis, technical SEO remediation, SEO implementation or SEO campaigns
Google Analytics, Google Tag Manager, Meta Pixel, advertising tracking or analytics setup, configuration, remediation, event tracking or conversion tracking implementation
paid advertising management
conversion rate optimisation
accessibility audits or accessibility remediation
custom integrations
new integration development, major integration changes, API redevelopment, third-party platform troubleshooting, or remediation of integration failures
CRM, donation platform, payment gateway or third-party API integration work
hosting migration
domain name management, unless agreed
DNS management, unless agreed
email hosting or email account support
Microsoft 365, Google Workspace or general IT support
plugin, theme, software, API, payment gateway or third-party licence fees
third-party subscription fees
performance upgrades or optimisation implementation
support for websites, platforms, systems or services not listed in the Order Form
rectification of issues caused by unauthorised changes, third-party providers, client-side changes, external parties, or unsupported software
recovery from major cyber incidents, unless expressly included or separately agreed

OSKY may quote separately for excluded services where required.

12. Client Responsibilities

The Client must:

provide timely access to relevant systems, hosting, domain records, CMS accounts, third-party platforms and administrative credentials where required
ensure all content, instructions, approvals and information provided to OSKY are accurate, lawful and complete
respond promptly to OSKY’s reasonable requests for information, access, approvals or decisions
maintain valid licences for third-party software, plugins, themes, APIs and services
maintain appropriate internal controls over staff access and administrative accounts
notify OSKY promptly of any suspected security issue, outage, unauthorised access, website error or service disruption
avoid making unauthorised changes that may compromise Website stability, security, compatibility or performance
ensure the Website is used lawfully and does not host unlawful, harmful, misleading, defamatory, infringing or malicious content

OSKY is not responsible for delays, service limitations, data loss, downtime, security issues or additional costs caused by the Client’s failure to meet these responsibilities.

13. Third-Party Services and Licences

Osky Care may depend on third-party services, including hosting providers, cloud infrastructure, domain registrars, DNS providers, payment gateways, plugins, themes, APIs, email platforms, analytics platforms, CRM systems, donation platforms and other external systems.

The Client is responsible for all third-party licence fees, subscription fees, renewal fees, usage fees and provider charges unless otherwise stated in the Order Form.

OSKY is not responsible for third-party failures, outages, pricing changes, licence changes, policy changes, discontinued services, security incidents, compatibility issues, API changes, data loss, or service limitations caused by third-party providers.

If a third-party service becomes unavailable, unsupported, insecure, incompatible or unsuitable, OSKY may recommend remedial work, replacement services or additional development. Such work may be quoted or charged separately.

14. Maintenance, Updates and Compatibility

OSKY will take reasonable steps to apply CMS, plugin, theme, module and software updates within the selected Package scope.

Updates are subject to compatibility, technical risk, third-party support, Website condition and available package capacity.

OSKY may defer, stage or exclude an update if OSKY reasonably considers that the update may cause compatibility issues, security risks, functionality issues, performance degradation or Website instability.

If a Website requires significant remediation, redevelopment, plugin replacement, theme replacement, module replacement or compatibility work before updates can be safely applied, OSKY may quote that work separately.

15. Security, Backups and Data Loss

OSKY will take reasonable steps within the selected Package to monitor, maintain and secure the Website.

However, no website, server, software, plugin, theme, module or third-party platform can be guaranteed to be completely secure.

OSKY does not guarantee that the Website will be free from vulnerabilities, malware, unauthorised access, hacking, spam, denial-of-service attacks, cyberattacks, data loss, corruption, service interruption or security incidents.

Backups are provided for recovery purposes only and are subject to the backup frequency, backup retention period and technical limitations of the selected Package or hosting plan.

Backup frequency and retention depend on the selected Package or Order Form. For example, standard packages may include weekly, twice-weekly or daily backups with 30-day retention, depending on the Package selected.

OSKY is not responsible for data loss, data corruption, failed backups, unavailable backups, business interruption or recovery limitations caused by third-party providers, client actions, unauthorised changes, cyberattacks, hosting failures, software failures or events outside OSKY’s reasonable control.

16. Fair Usage and Excessive Support

Osky Care is intended for reasonable ongoing maintenance, monitoring and minor support within the selected Package.

If the Client’s support requests, Website condition, plugin complexity, security issues, traffic levels, hosting requirements, technical requirements, reporting requirements or operational needs materially exceed the selected Package, OSKY may:

recommend a package upgrade
quote additional work separately
charge additional work at OSKY’s then-current hourly rate
pause non-critical work until scope and fees are agreed
suspend or limit Services where continuing to provide the Services creates a security, operational, legal, financial or reputational risk

17. Payment and Billing

Invoices are issued according to the billing cycle stated in the Order Form.

Unless otherwise stated, all Fees are exclusive of GST and GST will be added where applicable.

The Client must pay invoices by the due date stated on the invoice.

A two-week grace period applies for missed payments. OSKY may suspend Services if payment remains overdue after the grace period.

OSKY may terminate the Agreement if payment remains overdue for more than one month.

The Client remains responsible for all Fees incurred during any notice period, suspension period or period in which Services have been provided.

18. Pricing Changes

OSKY may change Package pricing, hosting pricing, third-party costs, or other recurring Fees by giving the Client at least 30 days’ written notice before the next billing cycle.

If the Client does not accept the revised pricing, the Client may terminate the Services in accordance with these Terms before the revised pricing takes effect.

Third-party licence fees, subscription charges, hosting provider charges, software costs, gateway fees and other external costs may change at any time and may be passed on to the Client.

19. Suspension of Services

OSKY may suspend all or part of the Services if:

invoices remain unpaid after the applicable grace period
required access, information or approvals are not provided
third-party licences, subscriptions or services required for the Website are not maintained
the Website is compromised, infected, unstable or creating risk to OSKY’s systems, infrastructure, clients or suppliers
the Client breaches these Terms
the Client uses the Website or Services for unlawful, harmful, infringing or malicious purposes
continuing to provide the Services may create a security, legal, operational, financial or reputational risk

Suspension does not affect the Client’s obligation to pay Fees already incurred.

20. Termination and Refunds

Either party may terminate the Agreement with 30 days’ written notice prior to the next billing cycle.

The Client remains responsible for all Fees incurred during the notice period.

For monthly packages, cancellation will take effect at the end of the applicable notice period or billing cycle, unless otherwise agreed in writing.

For annual packages, no refund is provided for Services already rendered or for the unused portion of an annual package if the Client cancels.

If OSKY terminates an annual package for convenience and not for cause, OSKY will provide a pro-rata refund for the unused portion of the annual package.

OSKY may suspend or terminate Services immediately if the Client breaches these Terms, fails to pay overdue invoices, becomes insolvent, persistently fails to comply with reasonable requirements, or creates a security, legal, operational, financial or reputational risk.

21. Liability

To the maximum extent permitted by law, OSKY is not liable for:

data loss or data corruption
business interruption
loss of revenue, profit, opportunity, goodwill or reputation
consequential, indirect, special or incidental loss
hosting provider failures
third-party service failures
cyberattacks, malware, hacking, viruses, spam or unauthorised access
outages, downtime or service interruptions
client-side changes or unauthorised changes
issues caused by plugins, themes, modules, APIs, payment gateways, CMS software, hosting providers or third-party platforms
delays caused by the Client’s failure to provide access, information, approvals or payment

To the maximum extent permitted by law, OSKY’s total aggregate liability arising out of or in connection with the Services is limited to the Fees paid by the Client for the affected Services in the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable law.

22. Indemnity

The Client indemnifies OSKY against any loss, claim, liability, cost or expense arising from:

the Client’s breach of these Terms
unlawful, infringing, misleading, defamatory or harmful content provided by the Client
unauthorised changes made by the Client or its representatives
the Client’s failure to maintain third-party licences, subscriptions or access
the Client’s use of the Website or Services in breach of law
claims made by third parties arising from the Client’s business, content, products, services or conduct

23. Force Majeure

OSKY is not liable for delay or failure to perform the Services caused by events beyond OSKY’s reasonable control.

This includes natural disasters, fire, flood, storm, power failure, internet outage, hosting provider outage, cyberattack, war, terrorism, civil unrest, industrial action, pandemic, government restriction, supplier failure or other events outside OSKY’s reasonable control.

If a force majeure event continues for more than 30 days, either party may terminate the affected Services by written notice. Where applicable, OSKY will provide a pro-rata refund for prepaid Services not rendered, excluding termination for cause.

24. Changes to these Terms

OSKY may update these Terms from time to time by publishing an updated version on its website.

For material changes that adversely affect the Client’s rights or obligations, OSKY will provide reasonable notice before the change takes effect.

Continued use of the Services after the updated Terms take effect constitutes acceptance of the updated Terms, unless otherwise agreed in writing.

25. General

The Client must not assign or transfer the Agreement without OSKY’s prior written consent.

OSKY may subcontract or delegate parts of the Services where appropriate, provided OSKY remains responsible for managing the delivery of the Services.

If any part of these Terms is found to be invalid or unenforceable, the remaining parts continue to apply.

A failure by OSKY to enforce any right under these Terms does not waive that right.

These Terms are governed by the laws of the Australian Capital Territory, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

OSKY Care Terms and Conditions