info@nitro-it.com.au

Terms of Use

By agreeing to proceed with a website, hosting package, AI service or any other project, you accept that this forms a contract with Nitro IT (ABN: 33 836 432 121) and the following terms and conditions. These terms and conditions should be read in conjunction with any quote and or tax invoice you have received from Nitro IT.  Last updated 28 October 2026.


FINANCIAL ARRANGEMENTS

1. Nitro IT services are provided at our standard hourly rate of $100/hr. Unless otherwise agreed, web design packages include website design and build (see package variations) and minor SEO optimisations.   
2. A minimum charge of $50 applies to every request for services. Time beyond the minimum is billed at our hourly rate in 15 minute increments.
3. A domain name can be registered by us on your behalf or provided by you.  If you already have a domain name, we can arrange a free DNS transfer. Nitro IT will also set up an email hosting account if required (see package variations).
4. Website Hosting packages require full payment in advance prior to commencement.
5. A 50% deposit is required for all website development work.  Website development balance is payable when the website goes live.
6. All balances must be paid prior to login access being provided by Nitro IT.
7. Although Nitro IT reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
8. Failure to make complete payments may result in your hosting account, website and emails or any other product or service provided by Nitro IT being suspended.
9. Additional extras such as graphic design work, layout changes, extra Wordpress plug-ins, additional functionality items etc. must be paid in full prior to commencement of work.
10. All receipts/invoices and reminder notices will be sent via email.
11. All payments must be received before the due date for any renewal.  This includes Domain Names and SSL certificates.  If they are not renewed prior to the due date, then they will expire and possibly attract additional fees to renew, or even be unavailable for renewal.  The client agrees that if the renewal is not paid and subsequently the product is not renewed, that Nitro IT will not be responsible for any downtime or loss of business as a result.


CANCELLATION & REFUNDS

1. All deposits received are non-refundable.
2. Once a website development concept is approved by a client, Nitro IT will invoice a 50% deposit.  Upon completion of the project, the remaining balance is payable before the website goes live.
3. Customer cancellation of any Nitro IT services at any stage must be notified in writing via email.  Any outstanding balances remain payable regardless of the stage of design or production of the project.
4. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
5. No refunds, including pro rata refunds for any unused portion of a term, are provided on cancellation of any service. Fees paid in advance for web hosting, Website Management Plans or any other service are non-refundable.
6. Nitro IT do not offer refunds, or ex gratia payments for server, service or software interruptions or outages.
7. Nitro IT reserves the right to suspend or cancel web hosting accounts when any outstanding payment on the client's account has been outstanding for 21 days.  After 30 days the account will be deleted and attract restoration fees if required to be reinstated.


GENERAL

1. Although Nitro IT endeavour to complete every project on time or sooner, Nitro IT cannot be held responsible for the delay in the design or development of any website or other project.
2. Nitro IT reserves the right to suspend or cancel a customer’s access to any or all services provided by Nitro IT, at its discretion, if the account has been inappropriately used or otherwise abused.
3. Individual accounts are for the intended use of the account holder only and are not to be resold.
4. Unless otherwise agreed all websites will have a discreetly placed ‘Website Developed by Nitro IT‘ or similar link to the Nitro IT website.
5. Nitro IT does not control the interaction between your website and its visitors.
6. Any website can be vulnerable to a hack or malicious activity.  While it is out of our control, in the unlikely event of a hack to a client website, Nitro IT can reinstate your site from a backup version, check security integrity and complete a performance update for a minimum fee of $300 (see Compromised & Out-of-Date Websites below).  Clients who maintain an active, fully paid Website Management Plan are not subject to this fee.  Any other user requested backup restoration, where no malicious activity was detected, attracts a $200 fee.
7. Nitro IT does not provide admin access to any Wordpress website project unless the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of $100.


COMPROMISED & OUT-OF-DATE WEBSITES

1. It is the client's responsibility to maintain their website, including keeping the core software, themes, plugins and any other components up to date and secure, unless the client has an active, fully paid Website Management Plan.
2. Where a website is compromised (hacked, infected or used for malicious activity) and the client does not have an active, fully paid Website Management Plan, a minimum fee of $300 applies to repair it. Any time required beyond the minimum is charged at our hourly rate. This fee is payable before repair work commences.
3. Nitro IT will use reasonable endeavours to advise the client if we become aware of a vulnerability in, or a compromise of, their website. We do not, however, monitor websites for vulnerabilities or compromise unless this is expressly included in the client’s Website Management Plan, and we do not guarantee that any vulnerability or compromise will be detected, or detected in time to prevent loss or damage. Ultimately, the website owner is responsible for being aware of the security and condition of their website, and for acting on any advice we provide.
4. Where any component of a website cannot be updated without breaking the website, or where a website is otherwise insecure or compromised, Nitro IT reserves the right to disable the website, in order to protect the security and integrity of its servers and its other clients. Where practicable, we will notify the client by email before or promptly after doing so.
5. Where a website has been disabled under this section, the client may either (a) be provided with a copy of their hosting account for a fee of $200, to take to another host (this fee applies instead of the transfer administration fee in the Transfer section below), or (b) have Nitro IT convert the website to a static website, at a price quoted to the client before work begins. Any outstanding balances must be paid before a copy is provided or any conversion work commences.
6. To the extent permitted by law, Nitro IT is not liable for any loss of business, income, data or other damage resulting from a website being disabled under this section, or from a website being compromised where the client has not maintained it or has not had an active, fully paid Website Management Plan.
7. Fees under this section are non-refundable.


AI KICKSTART PLAN

1. The AI Kickstart Plan is a custom report prepared from the information the client supplies in the request form. It is delivered by email once payment has been received.
2. The report is general guidance based on the information supplied. The client is responsible for deciding which recommendations to adopt.
3. Any training or support relating to the plan is provided on demand by email. Nitro IT does not provide on-site training.


WEB APPLICATIONS

1. Web application pricing is based on the requirements supplied by the client at the time of quote. Changes to those requirements, and additional iterations during development, increase the cost and are quoted before they proceed.
2. Hosting, single sign-on (SSO) and other advanced capabilities are not included unless stated in the quote. Hosting can be provided by Nitro IT for an additional cost.
3. Ownership and licensing of the application are agreed in the quote or proposal.


STATIC WEBSITES

1. Conversion of a website to a static website is quoted per site and is subject to the complexity of the existing site. A website can be converted as is or redesigned, and a redesign is quoted separately. A website converted as is will be very close to, but not 100% identical to, the original.
2. A static website has no admin dashboard. Nitro IT manages the website content, and updates and changes are charged at our hourly rate, subject to the minimum charge.
3. Static websites are not covered by the Website Management Plan terms unless a plan is agreed.


SUPPORT

Support requests sent to info@nitro-it.com.au will be answered within 48 hours, but generally the same day.


WEBSITE DESIGN

1. Nitro IT websites are self-managed and we are not responsible for any copy, editing or updating of your website content, except for static websites (see Static Websites above).
2. After the website development is completed, any amendments from that point will be subject to additional fees unless otherwise agreed upon.
3. All content (text and photos) is to be provided by the client.  Alternatively, Nitro IT can either suggest stock images, or create images on your behalf at our current rate of $100.
4. A website will only go live after full payment has been received.
5. If you have purchased a package which includes a logo design, Nitro IT will complete the logo before commencing the design of the website.
6. Any eCommerce websites that we develop are handed over with a standard eCommerce configuration. This includes product page, checkout page and basic shipping configuration and payment. Any variations or customisations to these layouts will be at an additional cost to the client.


WEBSITE HOSTING

1. Unless otherwise agreed, websites will be hosted by Nitro IT.
2. Customers wishing to use alternative hosting, need to provide login details for Nitro IT to confirm such hosting is suitable for the website built by Nitro IT.  If it is not suitable, we will advise that our website hosting be used.
3. Nitro IT cannot give a 100% guarantee that there will be no hosting interruptions or downtime from its hosting and shall endeavour to inform clients of any scheduled updates or maintenance.  Our historical uptime is 99.9%.
4. Where Nitro IT are not hosting the website, Nitro IT will upload all files as part of go live.
5. Nitro IT can continue to support your website if it is not hosted by Nitro IT, by way of a Wordpress Website Management Plan subscription.
6. All hosting plans are payable annually in advance.


EMAIL HOSTING

1. Email hosting is provided complimentary as part of any web hosting account.  It is an optional service that you can utilise, or alternatively you are free to setup your own email elsewhere and we can assist with the DNS record changes required.
2. Email hosting is provided on a best effort basis only.
3. Nitro IT cannot give a 100% guarantee that there will be no email interruptions or downtime from its hosting and shall endeavour to inform clients of any scheduled updates or maintenance.  Our historical uptime is 99.9%.
4. Nitro IT cannot provide support for the email configuration on your device.  Nitro IT provide a webmail service as part of the web hosting and you are free to utilise this as an alternative to setting up any email accounts.
5. If a third party blocks any of our IP addresses it may prevent your ability to send emails.  Nitro IT cannot guarantee that this will not happen, and cannot provide alternative arrangements if this occurs.
6. Nitro IT cannot provide spam filtering arrangements, however there are settings that can be configured within your hosting control panel.
7. Nitro IT strongly recommends the use of an enterprise email service such as Microsoft 365 or Google Workspace.  Such services provide a high level of spam filtering and improved deliverability.



WORDPRESS WEBSITE MANAGEMENT PLANS (FORMERLY WEBSITE CARE PLANS)

1. All Website Management Plan subscriptions are payable quarterly in advance.
2. The Website Management Plan for your website begins the day payment is received in advance for the first quarter.
3. All fees paid for Website Management Plans are non-refundable.
4. Nitro IT provides a 24/7 support desk for all of its clients. All queries or questions should be directed through to info@nitro-it.com.au.  Support emails are answered within 48 hours, but generally the same day.
5. The customer agrees that it is not the responsibility of Nitro IT to provide knowledge or support outside of the defined service of the Nitro IT packages/plan/service.
6. Any unused Website Management hours will not accrue into the subsequent months.
7. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, Nitro IT can only provide ‘basic’ (non-technical) CMS support for that website. Nitro IT cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by Nitro IT will be subject to a formal quote to reinstate the original website install (if possible).


DOMAIN REGISTRATION

1. Nitro IT cannot guarantee a requested domain name will be available.
2. If a Nitro IT website development includes a free domain name, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered (as part of your package), the ownership of that domain will be transferred to you upon request.
3. All Australian ‘.com.au’ domain names purchased by Nitro IT will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
4. Domain names will always remain the property of the Customer.  Nitro IT reserves the right to use their email address as the Registrant contact in order to easily manage the domain name on your behalf.  Should you wish to use your own email address as the Registrant contact you will need to advise Nitro IT in writing.


TRANSFER

1. Nitro IT websites cannot be transferred away from Nitro IT servers other than by agreement and only after payment of any and all outstanding fees are received.  If a transfer is agreed, Nitro IT will prepare a set of files containing the contents of your website but will not facilitate the transfer of such files.  An administration fee of $240 is payable for this process.
2. No responsibility can be taken by Nitro IT for website or email disruption during any part of the transfer process.
3. Nitro IT cannot provide support for any website they do not host on their servers.
4. If you are transferring an existing hosting account to Nitro IT, a one-off $240 transfer fee may apply.
5. It is strongly suggested to ensure a recent backup is available for any hosting account prior to transfer.  Nitro IT will not be responsible for loss of files due to lack of a recent backup.
6. Nitro IT cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time for communication with us.

 

EXCEPTIONAL CIRCUMSTANCES

1. Where a client frequently pays invoices late, is rude, condescending or harassing our staff, we reserve the right to cancel the client's services with 7 days notice.  7 days notice will begin from the date they are advised of this term and provided all login details.
2. The client becomes responsible for researching a new hosting provider, creating a new hosting account with another provider and transferring their account away.
3. At the end of the 7 day notice period the account will be deleted and no account restoration service will be offered.



DISCLAIMER

1. Nitro IT shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2. Nitro IT cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
3. Nitro IT makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Nitro IT service.


TRADEMARKS & COPYRIGHTS

1. The design of your website (the look and feel) is under copyright and license from Nitro IT for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
2. The customer warrants that it has the right to use any applicable trademarks on their website.


ACCEPTABLE USE POLICY

We offer several features of our website development services in a manner which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
1. Web Design Revisions – We consider up to 6 revisions as acceptable use, it is rare for a customer to require more than 5.
2. Number of Pages – There is no limit other than the customer’s ability to create and manage them.
3. Email Addresses – We consider acceptable use for our Hosting accounts to have up to 10 email accounts per domain and 30 alias addresses (i.e. email addresses that forward to others).
4. Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 5Gb of bandwidth per month (nearly 40 times the average client’s use).  Additional space can be purchased should it be required.
5. Support – Telephone and Email support is limited to a maximum of 2 hours per month in any given month and should not be accumulated throughout the length of the service provided by Nitro IT.  Support that requires changes to your website, hosting account or any other product or service provided by Nitro IT, will be subject to our standard hourly rate of $100.


LIMITED LIABILITY

1. Nitro IT does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Nitro IT servers, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Nitro IT, its officers, agents or anyone else involved in creating, producing or distributing Nitro IT website development services be liable for any damages that result from the use of, or inability to use the Nitro IT service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to Nitro IT’s records, programs or services.
3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.


GOVERNING LAWS

This agreement shall be governed in all respects by the laws of all Australian states.  The parties irrevocably submit to the jurisdiction of the courts of South Australia.


SEVERABILITY

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.



This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.

These terms and conditions should be read in conjunction with any quotes or emails sent to you from Nitro IT.