Agreement: Refers to these Terms and any amendments made.
Annual Renewal: An annual billing cycle commencing on the Effective Date and renewing annually.
Backups: Service providing 30-day retention of web server backups for restoration purposes.
Client: The party receiving the Services.
CMS: Content Management System.
Effective Date: The date these Terms come into effect as agreed upon.
Monthly Renewal: A monthly billing cycle automatically billed starting from the Effective Date.
Package: Micro, Medium or Large service packages.
Scope: Estimated hours for updates based on installed plugins, CMS version, and additional factors.
Services: OSKY CARE services specific to the selected package.
Website: The client’s website.
2. Term
The Agreement begins on the Effective Date and remains in effect unless terminated in accordance with these Terms.
For Annual Renewals, the Client will be notified 30 days prior to the end of the annual cycle.
For Monthly Renewals, the Agreement will renew monthly unless terminated.
The Agreement remains valid for two weeks after a missed payment. If unpaid after notification, OSKY reserves the right to terminate the Agreement.
3. Evaluation
OSKY will assess the Scope to recommend the appropriate package:
Micro Package: 3 hours or less of monthly updates.
Medium Package: 3 to 6 hours.
Large Package: 6 to 12 hours.
OSKY may reassess the Client’s package at any time and notify of changes one month prior to the next billing cycle.
Unused hours do not roll over to the next month.
4. Services
OSKY provides telephone and email support during business hours.
Backups have a 30-day retention period.
Monthly plugin and CMS updates are included, subject to compatibility.
Additional services such as SEO Services, Google Analytics setup, or ongoing competitor analysis are quoted separately if not covered by the selected package.
OSKY offers packages that include 24/7 Uptime Monitoring, Security Monitoring, and License Management, among other services.
5. Payment and Billing
OSKY will invoice the Client:
Monthly for Monthly Renewals.
Annually for Annual Renewals.
All fees are exclusive of GST.
OSKY reserves the right to terminate the Agreement if payments are overdue by more than one month.
6. Termination
Cancel Anytime Clause: The Client may cancel the Agreement at any time by providing 30 days’ written notice before the next billing cycle. The Client is not required to commit to a long-term contract and will not be billed for services beyond the 30-day notice period. However, the Client remains responsible for any charges incurred during the notice period and for services rendered within the current billing cycle.
OSKY may terminate if:
The Client breaches the Agreement and fails to remedy it within 30 days of written notice.
The Client becomes insolvent.
The Client persistently breaches the Terms.
If the Client cancels an Annual Renewal Agreement, no refund will be provided for unused services.
No refunds will be issued if services have been rendered within the billing cycle and the Client fails to provide 30 days’ notice as required by clause 6.1.
OSKY reserves the right to terminate the Agreement at any time. In the case of Annual Renewal subscriptions, OSKY will issue a pro-rata refund for any remaining months if OSKY initiates the termination.
7. Force Majeure
OSKY shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to Force Majeure events, which include but are not limited to natural disasters, extreme weather conditions, acts of war, terrorism, internet outages, government regulations, pandemics, or any other events beyond OSKY’s reasonable control.
In the event of a Force Majeure occurrence, OSKY will notify the Client as soon as reasonably practicable and will make reasonable efforts to resume services as soon as the event is resolved.
If a Force Majeure event continues for a period exceeding 30 days, either party may terminate the Agreement by providing written notice to the other party. If the Agreement is terminated due to Force Majeure, OSKY will refund the Client on a pro-rata basis for any services not rendered beyond the notice period.
8. Revisions to Terms and Conditions
OSKY reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions on OSKY’s website.
OSKY will make reasonable efforts to notify the Client of any material changes to the Terms and Conditions. However, it is the Client’s responsibility to review the Terms and Conditions periodically to stay informed of any updates.
The Client’s continued use of the Services following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
9. Liability
OSKY is not liable for data loss, business interruptions, or consequential damages.
OSKY does not guarantee uninterrupted hosting or immunity from hacking or virus attacks.
While OSKY will take reasonable steps to secure the website, OSKY is not liable for any security breaches caused by external threats or factors beyond its control.
