Terms of Service

Acceptance of Terms

By accessing or using the services provided by Ben Ryan WordPress Maintenance (“we”, “us”, or “our”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

You must be at least 18 years of age to use our services. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these terms.

We may update these terms from time to time. Continued use of the service after changes are posted constitutes your acceptance of the revised terms. We will provide at least 30 days’ notice of material changes via email.

Service Description

Ben Ryan WordPress Maintenance provides ongoing WordPress website maintenance services. Our services are designed to keep your WordPress site secure, up to date, and performing optimally.

Depending on your subscription plan, services may include:

The specific features and limits of each plan are detailed on our pricing page. Service levels vary by tier, and we reserve the right to update plan inclusions with reasonable notice.

Our service is subscription-based and ongoing. It is not a one-time engagement unless explicitly agreed in writing.

Eligibility

To use our services, you must be at least 18 years of age and have the legal authority to enter into a binding agreement. By creating an account and using our services, you represent and warrant that you meet these eligibility requirements.

If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. In such cases, “you” refers to both you individually and the entity you represent.

Account Registration

Accounts are created using email-based magic link authentication powered by Supabase. No passwords are required or stored. You will receive a secure login link via email each time you sign in.

You are responsible for providing accurate and current information when creating your account. You must promptly update your information if it changes.

You are responsible for maintaining the security of your email account, as it is the sole method of authentication. If you suspect any unauthorised access to your account, you must notify us immediately at hello@benryan.com.au.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these terms.

Subscriptions & Billing

Our maintenance plans are offered as monthly or annual subscriptions. All prices are listed in Australian Dollars (AUD) on our pricing page.

All payment processing is handled by Stripe, a PCI Level 1 compliant payment processor. Your payment card details are collected and stored securely by Stripe and never touch our servers.

Subscriptions renew automatically at the end of each billing period (monthly or annually) unless cancelled before the renewal date. Annual plans are billed upfront for the full year at a discounted rate.

You can view your subscription details, update your payment method, and manage your plan through the billing portal in your dashboard.

Payment Terms

All prices are quoted and charged in Australian Dollars (AUD). Payment is due at the start of each billing period.

If a payment fails, Stripe may automatically retry the charge according to their retry schedule. We will notify you of any payment issues via email.

If payment remains unsuccessful after reasonable attempts, we may suspend your maintenance services until the outstanding balance is resolved. We will provide at least 7 days’ written notice before suspending services due to non-payment.

There are no pro-rata refunds for mid-cycle cancellation. If you cancel your subscription, your service will continue until the end of the current billing period.

Cancellation & Refunds

You may cancel your subscription at any time through the billing portal in your dashboard. No cancellation fees apply.

Upon cancellation, your subscription remains active until the end of the current billing period. You will continue to receive maintenance services until that date. No partial refunds are issued for unused time within a billing period.

When your subscription ends, all active maintenance activities (updates, monitoring, backups) will cease. Your website will continue to function, but it will no longer receive our maintenance services.

For details on how your data is handled after cancellation, please refer to our Privacy Policy.

Service Level Expectations

We strive to provide reliable and timely maintenance services. Response times and service levels vary depending on your subscription plan tier.

Monitoring, updates, and maintenance tasks are generally performed during business hours (Queensland, Australia time, Monday to Friday). Emergency security issues are addressed as a priority regardless of your plan tier.

Specific service level agreements (SLAs) with guaranteed uptime or response times are not included unless explicitly agreed in writing as part of a custom arrangement.

Scheduled maintenance on our own platform may occasionally cause brief interruptions to dashboard access. Where possible, we will provide advance notice of any planned maintenance windows.

Your Responsibilities

To enable us to provide effective maintenance services, you agree to the following responsibilities:

Failure to meet these responsibilities may affect our ability to deliver services effectively. We are not liable for issues arising from inaccurate credentials, unauthorised site submissions, or unreported changes to your hosting environment.

Intellectual Property

Ben Ryan retains full ownership of all tools, processes, scripts, automation, and methodologies used to deliver the maintenance service. These remain our proprietary intellectual property and are not transferred to you through the use of our services.

You retain full ownership of your WordPress website, its content, themes, plugins, media, and data. Nothing in these terms transfers any of your intellectual property rights to us.

No transfer of intellectual property occurs in either direction through the provision of our maintenance services. Our relationship is one of service provider and client, not a work-for-hire or joint venture arrangement.

Limitation of Liability

To the maximum extent permitted by law, Ben Ryan’s total liability to you for any claim arising from or related to these terms or our services is limited to the total fees you have paid to us in the three (3) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether we were advised of the possibility of such damages.

We are not liable for issues arising from third-party services, including but not limited to hosting providers, plugin or theme developers, WordPress core, domain registrars, or payment processors. These services operate under their own terms and are outside our control.

We are not liable for data loss where backups were provided as part of our service but restoration was not possible due to circumstances beyond our reasonable control, such as hosting provider failures, corrupted source data, or force majeure events.

Important: The limitations in this section are subject to the Australian Consumer Law provisions outlined in the next section. Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law.

Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These include, but are not limited to:

If there is a major failure of our services, you are entitled to:

If there is a minor failure of our services, you are entitled to have the problem rectified within a reasonable time. If we fail to do so, you may be entitled to cancel the contract and obtain a refund for the unused portion.

A failure is considered “major” if a reasonable person would not have acquired the services had they known of the nature and extent of the failure, or if the services are substantially unfit for their normal purpose and cannot easily be remedied within a reasonable time.

For more information about your consumer rights, visit the Australian Competition and Consumer Commission (ACCC).

Termination

Either party may terminate this agreement by providing 30 days’ written notice to the other party.

We may terminate your account and access to our services immediately, without prior notice, if:

Upon termination, we will provide reasonable assistance to facilitate your transition, including returning any stored site credentials and delivering a final maintenance report where applicable.

The following sections survive termination of these terms: Limitation of Liability, Australian Consumer Law, Intellectual Property, Dispute Resolution, and Governing Law & Jurisdiction.

Dispute Resolution

If a dispute arises in connection with these terms or our services, the parties agree to first attempt to resolve the matter informally and in good faith.

To initiate the informal resolution process, the disputing party should contact the other party in writing, clearly describing the nature of the dispute and the desired outcome. Both parties agree to engage in good faith discussions for a period of at least 30 days before pursuing any formal resolution.

If informal resolution is unsuccessful after 30 days, either party may pursue mediation through a mutually agreed mediator. The costs of mediation shall be shared equally between the parties unless the mediator determines otherwise.

Litigation should be considered a last resort. However, nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction where necessary to protect their rights or interests.

Governing Law & Jurisdiction

These terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law principles.

The parties submit to the exclusive jurisdiction of the courts of Queensland, Australia for the resolution of any disputes arising under or in connection with these terms.

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

These terms, together with our Privacy Policy, constitute the entire agreement between you and Ben Ryan regarding the use of our services. They supersede all prior agreements, understandings, and representations.

We may amend these terms by providing at least 30 days’ notice via email to your registered email address. Your continued use of the service after the notice period constitutes acceptance of the amended terms.

Contact Us

If you have any questions about these Terms of Service, need to report a dispute, or wish to provide notice under these terms, please contact us:

Our business hours are Monday to Friday, Queensland, Australia time (AEST/AEDT).