1. Definitions
- "Acronis Backup" means the enterprise backup software used by Spin Design to perform daily automated backups of the Customer's hosting environment.
- "Anniversary Date" means the first day of the calendar month in which the USC Service was activated, which serves as the recurring billing date for all future billing cycles.
- "Business Day" means a day other than a Saturday, Sunday, or public holiday in New South Wales, Australia.
- "Content Update" means a modification to the text, images, video, pages, or menu items on the Customer's website, as distinct from structural, functional, or development work. Content Updates are limited to one (1) hour per calendar month as part of the USC Service, and require all content to be supplied by the Customer.
- "Core Plugins" means the suite of premium WordPress plugins and tools included and managed by Spin Design as part of the USC Service, being Solid Security Pro, Solid Backups, Gravity Forms, Astra Theme, Elementor, and Ultimate Addons Pro for Elementor, or such other plugins as Spin Design may notify from time to time.
- "Customer" means the individual, company, or entity that has accepted the USC Service from Spin Design.
- "EziDebit" means EziDebit Pty Ltd, the licensed direct debit payment processing provider used by Spin Design for scheduled maintenance plan payments and On Demand payment processing, as described in the General Terms and Conditions.
- "Minimum Term" means the initial twelve (12) month commitment period commencing from the USC Service activation date, during which early termination fees may apply.
- "NitroPack" means the third party speed optimisation plugin and content delivery network (CDN) service integrated as part of the Spin Speed Pack component of the USC Service.
- "SMTP2GO" means the third party email delivery and relay service integrated by Spin Design as part of the USC Service to ensure reliable outbound email delivery from the Customer's website.
- "Spin Design" means Spin Design Pty Ltd (ACN 95 094 058 698).
- "Spin Speed Pack" means the website performance optimisation component of the USC Service, comprising a Site Diagnostic and Recommendation Report, NitroPack plugin integration, and ongoing speed optimisation support.
- "USC Service" or "Ultimate Spin Care" means the comprehensive managed website hosting, maintenance, performance, and support service provided by Spin Design under these USC Terms, as described in the Ultimate Spin Care Service Outline available at www.spindesign.com.au/ultimate-spin-care-service-outline/
- "Uptime Robot" means the third party uptime monitoring service used by Spin Design to monitor and report on the availability of the Customer's website on a continuous basis.
2. Plugin & Theme Management
2.1 Fully Managed Web Hosting
Spin Design provides enterprise grade hosting powered by Dell servers with Samsung SAS SSD storage, located in Spin Design’s North Ryde, NSW data centre. The standard hosting allocation included in the USC Service is:
| Feature | Specification |
|---|---|
| SSD Storage | 5GB High-Speed (Scalable up to 15GB) |
| Bandwidth | Unlimited Premium Bandwidth |
| Domains | Unlimited Addon & Parked Domains |
| Database | MariaDB |
| Performance | Up to 300% CPU / 2GB RAM (Scalable up to 6GB) |
| Memory | 2 GB RAM per hour (scalable up to 6 GB maximum) |
| Backups | Daily automated via cPanel using Acronis Backup |
| Data Centre | North Ryde, NSW — Tier III accredited |
Storage and RAM allocations are flexible and may be adjusted based on the Customer’s website requirements. Where a website requires capacity exceeding 15 GB storage or 6 GB RAM, Spin Design will notify the Customer and provide a quote for an upgrade to a higher capacity plan in accordance with clause 4.3 of these USC Terms. All hosting services provided under the USC Service are subject to the Spin Design Website Hosting Terms and Conditions and Acceptable Use Policy.
2.2 Comprehensive Maintenance and Support
Spin Design provides proactive care and maintenance to ensure the Customer’s website remains secure, functional, and up to date. Monthly maintenance activities include:
- Weekly backup verification via Acronis Backup and Solid Backups;
- WordPress core, theme, and plugin updates, including all Core Plugin updates;
- File and folder permission checks and corrections;
- Security assessments using Solid Security Pro;
- Form functionality testing (including Gravity Forms);
- Monthly maintenance report issued to the Customer;
- Annual SSL certificate renewal;
- SMTP2GO email integration management, including blacklist monitoring, DKIM configuration, and blocked port management; and
- Uptime monitoring via Uptime Robot with instant alert notification.
2.3 Website Speed Optimisation — Spin Speed Pack
Spin Design will implement the Spin Speed Pack to enhance the performance of the Customer’s website. The Spin Speed Pack includes:
- a Site Diagnostic and Recommendation Report identifying performance issues and suggested improvements;
- NitroPack plugin integration, providing advanced caching, image optimisation, and global CDN delivery for improved page load times and Google PageSpeed scores; and
- ongoing speed optimisation support for speed related challenges.
Compatibility: where the Customer’s website is outdated or technically incompatible with NitroPack, a separate quote for remedial work will be provided before the Spin Speed Pack is implemented. If the USC Service subscription is cancelled or the USC Service is terminated, NitroPack speed optimisation services will cease in accordance with clause 8.
2.4 Core Plugin Management and Licencing
To maintain high performance, security, and functionality, Spin Design manages and renews the following Core Plugins as part of the USC Service. All Core Plugin licence renewal costs are included in the USC Service fee.
| Plugin / Tool | Purpose | Licence Included |
|---|---|---|
| Solid Security Pro | Protects the website from WordPress vulnerabilities, hacks, and malware | Yes — included |
| Solid Backups | Provides reliable automated offsite backups against server failures and accidental deletions | Yes — included |
| Gravity Forms | Advanced form builder supporting contact forms, complex workflows, and payment integrations | Yes — included |
| Astra Theme | Enables a modern, professional, and high performance website design framework | Yes — included |
| Elementor Page Builder | Drag and drop visual editor for flexible page design and layout management | Yes — included |
| Ultimate Addons Pro for Elementor | Advanced design elements and features extending Elementor functionality and user engagement | Yes — included |
While a website may continue to function without active licence renewals, ongoing updates are mandatory for security patching and plugin compatibility. If the USC Service subscription is cancelled or terminated, all Core Plugin licences managed under the USC Service will be deactivated in accordance with clause 8.
2.5 Domain and DNS Services
Spin Design manages the registration, hosting, and renewal of the Customer’s domain name as part of the USC Service. Domain pricing is based on a standard one year registration term unless otherwise specified. Spin Design manages the Customer’s DNS records to ensure seamless routing and connectivity for the website and all linked services, including email. Domain name registration and DNS management are subject to the Spin Design Website Hosting Terms and Conditions, including clauses 6.11 and 6.12 governing DNS record changes and website migrations.
2.6 Email Delivery — SMTP2GO Integration
Spin Design integrates and manages the SMTP2GO email delivery service as part of the USC Service to ensure reliable and secure outbound email transmission from the Customer’s website, including system notifications, contact form enquiries, password resets, order confirmations, and transactional communications. Spin Design is not the direct provider of SMTP2GO and does not control its uptime, deliverability rates, or service features. Spin Design’s role is limited to integrating and managing SMTP2GO as part of the USC Service. The consequences of SMTP2GO service termination are set out in clause 8 of these USC Terms.
3. Minimum Term and Commitment
3.1 Twelve Month Minimum Commitment
Enrolment in the USC Service signifies a commitment to a minimum term of one (1) year, equivalent to twelve (12) consecutive months, commencing from the date on which the USC Service is activated (“Minimum Term”). This minimum duration is required to enable Spin Design to implement a structured maintenance schedule, including all necessary updates, security patches, performance optimisations, and routine monitoring, which yields the best results over a sustained period.
3.2 Non Negotiable Initial Term
The Minimum Term is non negotiable and forms the foundation of the service agreement. By accepting the USC Service, the Customer acknowledges that they have read and understood the financial obligations associated with the Minimum Term, including the early termination provisions in clause 7 of these USC Terms.
3.3 Continuation After Minimum Term
Following the expiry of the Minimum Term, the USC Service will continue on a month to month basis and will be automatically renewed each month until cancelled by either party in accordance with clause 7 of these USC Terms.
4. Billing and Payment
4.1 Recurring Billing
The USC Service is billed on a recurring monthly basis via the Customer’s chosen payment method. Failure to renew or maintain active payment authorisation may result in the suspension of all USC Service components, including web hosting, Core Plugin licences, SMTP2GO integration, and NitroPack speed optimisation.
4.2 Payment Methods
Payment for the USC Service is accepted via the following methods:
- Scheduled Direct Debit via EziDebit (bank account or credit card), in accordance with clauses 6.10 and 6.11 of the General Terms and Conditions. This is the preferred payment method for USC Service subscriptions.
- Electronic Funds Transfer (EFT) to the Spin Design nominated bank account. No processing fees apply to EFT payments.
- Credit card via the Spin Design Payment Portal (processed via Stripe). Stripe processing fees apply as set out in clause 6.8 of the General Terms and Conditions.
EziDebit service fees apply to direct debit payments as detailed in clause 6.10 of the General Terms and Conditions, including the Direct Debit Bank Account Transaction Fee ($0.99), Direct Debit Credit Card Transaction Fee ($0.38), SMS Payment Reminder Notification ($0.28), Visa/Mastercard and Amex Service Fee (1.99%), and Failed Payment Fee ($9.90).
4.3 Storage and Resource Adjustments
Spin Design reserves the right to adjust the Customer’s hosting storage and RAM allocations as required by the Customer’s website. All websites managed under the USC Service are provisioned with a maximum capacity of 15 GB storage and 6 GB RAM. Where a website requires capacity exceeding these limits, Spin Design will notify the Customer and provide a written quote for an upgrade to a higher capacity plan. The Customer must approve the upgrade in writing (by email or through the designated project platform) before the upgrade is provisioned and billed.
4.4 Price Adjustments
Spin Design reserves the right to modify the pricing structure for the USC Service at any time, including adjustments to the monthly subscription fee, hourly rates for additional services, and third party pass through costs. Price adjustments may be necessitated by fluctuating market conditions, changes in operational costs, modifications to service offerings, changes to third party provider pricing (including NitroPack, SMTP2GO, and Core Plugin licences), or regulatory requirements. Any changes to existing pricing will be communicated to the Customer with a minimum of thirty (30) days prior written notice by email. The notice will clearly identify the specific changes, the effective date, and the impact on the Customer’s current service. Continued use of the USC Service after the effective date constitutes acceptance of the revised pricing. Where the Customer does not agree with a price adjustment, they may cancel the USC Service prior to the effective date in accordance with clause 7.
4.5 Non Payment Consequences
Where the Customer’s USC Service invoice remains unpaid, the non payment escalation process set out in clause 10 of the Website Hosting Terms and Conditions will apply. In addition to hosting suspension, non payment may result in the deactivation of Core Plugin licences, the termination of the SMTP2GO email delivery integration, and the cessation of NitroPack speed optimisation services.
5. Client Responsibilities
5.1 Access Obligations
The Customer must provide Spin Design with all necessary administrative access to the website, the website hosting account, and the domain registrar account (where not already managed by Spin Design) to enable Spin Design to perform the USC Service. Access credentials must be kept current and must be updated in writing if changed.
5.2 Content Responsibility
The Customer is solely responsible for the legality, accuracy, and appropriateness of all content provided to Spin Design for Content Updates. The Customer warrants that all content supplied complies with the warranties in clause 4 of the General Terms and Conditions, including that the content does not infringe any third party rights, is not defamatory, and meets applicable accessibility standards.
5.3 DNS and Migration Notification
The Customer must comply with the DNS record change notification requirements in clause 6.11 of the Website Hosting Terms and Conditions, providing at least five (5) Business Days prior written notice before making any changes to DNS records. The Customer must also comply with the migration notification requirements in clause 6.12, providing at least fourteen (14) Business Days prior written notice before migrating the website to a third party hosting provider. Failure to comply with these obligations may result in service disruption and account removal in accordance with clause 6.13 of the Website Hosting Terms and Conditions.
5.4 Security Acknowledgement
The Customer acknowledges that while Spin Design employs enterprise grade security measures and daily backups through Acronis and Solid Backups, no service can guarantee one hundred percent (100%) protection against sophisticated or novel cyber threats. The USC Service provides the tools and processes to restore the website quickly in the event of a security incident, but the Customer accepts that Spin Design’s liability in relation to security incidents is subject to the limitation of liability provisions in clause 15 of the General Terms and Conditions.
5.5 Compliance with Acceptable Use Policy
The Customer must ensure that the website hosted under the USC Service complies with the Spin Design Acceptable Use Policy at all times, including the content prohibitions in clause 3, the resource usage limits in clause 6, and the email and spam compliance requirements in clause 8 of the Acceptable Use Policy.
6. Third Party Services
6.1 Acknowledgement of Third Party Components
The Customer acknowledges that the USC Service incorporates services and software provided by third parties, including NitroPack, SMTP2GO, Uptime Robot, Acronis Backup, and the Core Plugin developers. The availability, performance, and terms of these third party services are outside Spin Design’s direct control.
6.2 No Liability for Third Party Failures
Spin Design is not liable for any loss, disruption, data loss, or damage arising from the failure, interruption, modification, or discontinuation of any third party service incorporated into the USC Service, including but not limited to NitroPack CDN unavailability, SMTP2GO delivery failures, Uptime Robot monitoring gaps, or Core Plugin developer decisions to discontinue a product. Where a third party service becomes unavailable, Spin Design will use reasonable endeavours to identify and implement an equivalent alternative.
6.3 NitroPack Compatibility
Where the Customer’s website is outdated or technically incompatible with NitroPack at the time of onboarding or following a significant website change, the Spin Speed Pack component of the USC Service will not be activated until the compatibility issue is resolved. Spin Design will provide a separate quote for any remedial work required to achieve compatibility. The monthly USC Service fee is not reduced during any period in which the Spin Speed Pack is withheld due to a Customer side compatibility issue.
6.4 SMTP2GO Service Limitations
Spin Design integrates and manages SMTP2GO as part of the USC Service but is not the direct provider of the SMTP2GO service and cannot guarantee its uptime, deliverability rates, or specific service features. Spin Design’s role is limited to the integration and management of SMTP2GO within the USC Service environment.
7. Termination and Cancellation
7.1 Termination by Either Party
Either party may terminate the USC Service for convenience by providing thirty (30) days written notice to the other party by email to info@spindesign.com.au or the Customer’s nominated contact address. Where the Customer terminates after the expiry of the Minimum Term, no early termination fee applies.
7.2 Termination Within the Minimum Term
Where the Customer terminates the USC Service before the expiry of the twelve (12) month Minimum Term, the following apply:
- the Customer must pay all outstanding invoices accrued to the date of termination;
- the Customer will be liable for an early termination fee equivalent to the remaining monthly USC Service fees for the unexpired balance of the Minimum Term, unless otherwise agreed in writing by both parties; and
- termination will only become effective upon Spin Design’s receipt of all outstanding payments and the applicable early termination fee in full.
7.3 Immediate Termination by Spin Design
Spin Design may terminate the USC Service immediately and without notice where:
- the Customer fails to pay any undisputed invoice within thirty (30) days of its due date;
- the Customer becomes insolvent, enters voluntary administration, or a liquidator is appointed;
- the Customer is in material breach of the Acceptable Use Policy or these USC Terms and fails to remedy the breach within forty eight (48) hours of written notice from Spin Design; or the Customer engages in conduct that is unlawful, abusive, or harmful toward Spin Design personnel.
7.4 Notice Requirements
All termination notices must be submitted in writing by email to info@spindesign.com.au. Termination notices submitted via telephone, SMS, WhatsApp, or other informal channels will not be accepted. Spin Design will confirm receipt of a termination notice within two (2) Business Days.
8. Effect of Termination
Upon the effective date of termination, regardless of which party initiated the termination, the following consequences apply.
8.1 Cessation of Speed Optimisation — NitroPack
All NitroPack speed optimisation services, including caching configurations, image optimisation settings, and CDN delivery, will be deactivated. Any performance benefits associated with NitroPack will cease. The Customer will be solely responsible for obtaining their own NitroPack licence or an alternative solution if they wish to continue receiving speed optimisation services.
8.2 Termination of SMTP2GO Email Delivery
The Customer’s access to SMTP2GO via the USC Service will cease on the effective termination date. Following termination:
- the Customer will lose access to the SMTP2GO platform managed through the USC Service and will be solely responsible for establishing an alternative email delivery mechanism before the termination date;
- all attempts to route emails through the previously configured SMTP2GO relay will fail following the termination date, resulting in delivery errors for transactional and form submission emails; and
- Spin Design will not be responsible for any interruptions to email communication resulting from the termination. The Customer is responsible for transitioning any necessary historical data or configuration settings before the effective termination date.
8.3 Revocation of Core Plugin Licences
All Core Plugin licences managed by Spin Design under the USC Service will be revoked on the effective termination date. The Customer acknowledges that these licences are non transferable and are tied to Spin Design’s agency accounts. The Customer will be responsible for independently purchasing their own licences for any Core Plugins they wish to continue using following termination. As Core Plugin licences are typically billed on an annual basis, Spin Design will notify the Customer of the expiry date of any licences that remain active at the time of termination, and the Customer may retain the benefit of those licences until their expiry date provided all outstanding balances are settled in full prior to termination.
8.4 Website and Data Migration
The Customer assumes sole responsibility for migrating their website, files, databases, and associated content to a new hosting provider or service provider following termination. The Customer must provide the migration notice required under clause 6.12 of the Website Hosting Terms and Conditions.
Spin Design will, upon request submitted before the end of the notice period and subject to receipt of all outstanding payments, provide a final backup archive of the Customer’s website data to facilitate the migration. Following termination, the Customer’s hosting account data will be retained for thirty (30) days before being securely destroyed in accordance with the Website Hosting Terms and Conditions.
8.5 Outstanding Payments
All fees accrued up to the effective date of termination remain due and payable, regardless of which party initiated the termination. Where early termination fees apply under clause 7.2, these become immediately due upon the Customer providing termination notice.
9. Limitation of Liability
The limitation of liability provisions in clause 15 of the General Terms and Conditions apply in full to the USC Service. Without limiting those provisions, Spin Design’s total aggregate liability to the Customer for any claim arising out of or in connection with the USC Service is limited to the total USC Service fees paid by the Customer in the three (3) months immediately preceding the event giving rise to the claim.
Spin Design is not liable for any indirect, consequential, or incidental loss, including loss of revenue, data loss, or reputational harm, arising from the performance or non performance of any component of the USC Service. Nothing in this clause limits rights the Customer may have under the Australian Consumer Law.
10. Acceptance
The Customer accepted these USC Terms, together with Spin Design’s General Terms and Conditions, Privacy Policy, Website Hosting Terms and Conditions, Customer Service Policy, Service Level Agreement, Acceptable Use Policy, and any applicable Registrant Agreement, when they submitted their order for the USC Service and that order was accepted by Spin Design.
11. Amendments
Spin Design may amend these USC Terms at any time. Material amendments will be published on the Spin Design website with the effective date and version number clearly displayed.
Where Spin Design makes a material amendment that affects a Customer with an active USC Service subscription, Spin Design will provide at least thirty (30) days prior written notice by email to the Customer’s registered email address. Continued use of the USC Service after the effective date of any amendment constitutes acceptance of the amended USC Terms.
Where the Customer does not agree with an amendment, they may cancel the USC Service prior to the effective date in accordance with clause 7.
12. Related Documents
These USC Terms form part of the Spin Design legal document suite. All of the following documents apply in conjunction with these USC Terms and are available at www.spindesign.com.au/terms-conditions/:
- General Terms and Conditions (Version 2.0, 2026)
- Privacy Policy (Version 1.0, 2026)
- Website Hosting Terms and Conditions (Version 2.0, 2026)
- Customer Service Policy (Version 2.0, 2026)
- Service Level Agreement (Version 2.0, 2026)
- Acceptable Use Policy (Version 2.0, 2026)
- ICANN Registrant Rights and Responsibilities (Version 2.0, 2026)
- Ultimate Spin Care Service Outline — available at www.spindesign.com.au/ultimate-spin-care-service-outline/