Last updated: 14 April 2026
Terms & Conditions
Provider: Kicking Pixels Pty Ltd (ABN 13 136 066 496)
Address: Suite 4.39, The Element Building, 200 Central Coast Highway, Erina NSW 2250
Contact: support@kickingpixels.com.au
Governing Law: New South Wales, Australia
Certification: ISO 27001:2022 certified ISMS
These Terms and Conditions govern your purchase and use of website care plans, hosting, website assessments, and related services provided by Kicking Pixels Pty Ltd. By purchasing or subscribing to any of our services, you agree to be bound by these Terms.
1. Parties
These Terms and Conditions are between:
Kicking Pixels Pty Ltd (ABN 13 136 066 496) of Suite 4.39, The Element Building, 200 Central Coast Highway, Erina NSW 2250 (“Kicking Pixels”, “we”, “us”, “our”); and
The individual or entity that purchases or subscribes to any service via subscriptions.kickingpixels.com.au (“Client”, “you”, “your”).
2. Services Covered
These Terms apply to the following services:
- Website Care Plans
- Website Hosting Plans
- WordPress Website Assessment
- Ad Hoc Care Hours (available to all active care plan clients)
Pricing for each service is as listed on the Kicking Pixels subscriptions website at the time of purchase. All prices are inclusive of GST unless otherwise stated. Prices are subject to change with 30 days’ written notice to existing subscribers.
3. What’s Included
3.1 Standard Website Care Plan
The Standard Website Care Plan includes the following for WordPress websites (excluding eCommerce functionality):
- Monthly software updates — themes, plugins, and WordPress core (excluding eCommerce)
- Daily checks for vulnerabilities, with prompt remediation where conflicts do not exist
- Monthly contact form checks
- Daily website and database backups
- Unlimited backup restores
- Monthly database optimisation
- 24/7 security scanning and uptime monitoring
- Priority email support
- Monthly maintenance report with basic Google Analytics summary (if connected)
- Access to WP Rocket caching, Imagify image optimisation, SEOPress Pro, and Gravity Forms Elite add-ons — available while the care plan subscription is active
- Quarterly 30-minute strategy call
3.2 Complex Website Care Plan
The Complex Website Care Plan includes all items in the Standard plan, plus:
- Monthly software updates including eCommerce functionality
- Hourly backups
3.3 Website Hosting
Our website hosting is provided via our preferred supplier and includes:
- Super-fast WordPress hosting
- Up to 25,000 website visits per month
- 4GB local storage
- Cloudflare advanced network and CDN
- Local data centre
- SSL certificates
- PHP and HTTP/2 performance optimisation
- Page performance testing and staging environment
- White glove onboarding
Geotargeting is available as an add-on.
3.4 WordPress Website Assessment
A one-off comprehensive assessment of your WordPress website covering security, performance, SEO, and conversion rate optimisation. A written report is provided in plain English with identified issues and recommended remediation steps.
3.5 Ad Hoc Care Hours
All active care plan clients may purchase ad hoc time for website design, development, enhancement, or consultancy at the current ad hoc hourly rate, as listed on the subscriptions website. Ad hoc time is charged in 15-minute increments and allocated to pre-purchased ad hoc hours in your account.
4. What’s Not Included
Unless explicitly agreed in writing, the following are not included in any care plan or hosting subscription:
- New website design or development work
- Content creation, copywriting, or uploading of new content
- Domain name registration or renewal
- Third-party software or licensing costs beyond those listed in Section 3
- eCommerce updates under the Standard Care Plan
- Resolution of issues caused by changes made to the website by the Client or any third party without notifying Kicking Pixels
- Recovery from issues arising from the Client granting access to other developers or agencies without prior notification to Kicking Pixels
- Resolution of issues caused by unapproved third-party plugins or themes
- SEO campaigns or paid advertising management
Where work falls outside the scope of the plan, Kicking Pixels will provide a separate quote or, for care plan clients, may agree to perform the work at the ad hoc hourly rate.
5. Onboarding and Configuration
A one-off onboarding and configuration fee applies to care plans and hosting subscriptions, as listed on the subscriptions website at the time of purchase. This fee covers initial setup, configuration, and migration to our management environment.
The onboarding fee is refundable only if Kicking Pixels is unable to onboard your website and no work has been commenced. Once onboarding work has begun, the fee is non-refundable. Kicking Pixels will notify the Client within 5 business days if we are unable to proceed.
Should you cancel your plan and later resubscribe, onboarding work will be required again and the onboarding fee will be payable.
6. Payment Terms
6.1 Recurring Subscriptions
Monthly and annual subscription fees are charged automatically to the payment method provided at the time of purchase. Subscriptions renew automatically unless cancelled in accordance with Section 7. All payments are processed securely by Stripe. Kicking Pixels does not store card details.
6.2 Failed Payments
If a payment fails, Kicking Pixels will notify the Client by email. Where payment remains outstanding for more than 7 days, Kicking Pixels reserves the right to suspend services until payment is received. Repeated payment failures may result in termination of the subscription and administration fees.
6.3 Price Changes
Kicking Pixels may adjust subscription pricing with at least 30 days’ written notice to existing subscribers before any change takes effect.
7. Cancellation
7.1 How to Cancel
The Client may cancel their subscription at any time by logging into their account at subscriptions.kickingpixels.com.au or by contacting us at support@kickingpixels.com.au.
7.2 Notice Period and Refunds
Cancellation must be submitted before the next scheduled payment date. Cancellations received after a payment has been processed will take effect at the end of that billing period. No refunds are provided for the current billing period.
7.3 Effect of Cancellation on Website Files
Upon cancellation, all care plan services, premium plugin licences, and access to hosted environments will cease at the end of the current billing period.
It is the Client’s sole responsibility to retrieve any website files, content, databases, or backups from their hosting environment before the service end date. Kicking Pixels will not retain or provide access to website files after the service has concluded.
Kicking Pixels recommends engaging your incoming provider or developer in advance of the cancellation date to ensure a smooth transition.
7.4 Cancellation by Kicking Pixels
Kicking Pixels may terminate or suspend services with 14 days’ written notice if:
- The Client is in breach of these Terms and fails to remedy the breach within the notice period
- Payment remains outstanding after reasonable collection attempts
- The Client’s website contains or distributes unlawful, harmful, or offensive content
- Continuing the service would expose Kicking Pixels to legal, reputational, or security risk
Where Kicking Pixels terminates for reasons other than Client breach, a pro-rata refund of prepaid fees will be provided.
8. Refunds
Subscription fees are non-refundable, including where the Client cancels mid-billing period or does not make use of included services. The onboarding fee is refundable only where Kicking Pixels has been unable to commence onboarding work, as set out in Section 5.
Nothing in this clause limits any rights the Client may have under the Australian Consumer Law.
9. Client Responsibilities
To enable Kicking Pixels to deliver services effectively, the Client agrees to:
- Provide timely access to the website, hosting environment, and any third-party accounts required to perform the services
- Notify Kicking Pixels promptly of any changes made to the website by the Client or any third party
- Not grant access to the website or hosting environment to other developers or agencies without notifying Kicking Pixels
- Maintain a current and valid payment method on the account
- Respond to reasonable requests for information or approvals in a timely manner
- Ensure website content complies with all applicable laws, including consumer law, copyright, and privacy legislation
10. Limitation of Liability
To the maximum extent permitted by law, Kicking Pixels’ total liability for any claim arising from these Terms or the services shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.
Kicking Pixels is not liable for:
- Loss or corruption of website data arising from circumstances outside our control, including server failures, third-party plugin conflicts, or security attacks where reasonable precautions were in place
- Loss of revenue or business opportunities resulting from website downtime
- Issues arising from changes made by the Client or unauthorised third parties
- Incompatibility or failure of third-party plugins, themes, or services not supplied by Kicking Pixels
- Actions or omissions of third-party providers, including WP Engine, Kinsta, AWS, Cloudflare, or plugin vendors
Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or warranty implied or imposed by the Australian Consumer Law that cannot lawfully be excluded.
11. Intellectual Property
All intellectual property in tools, processes, templates, and methodologies used by Kicking Pixels remains the property of Kicking Pixels.
Website content, images, and materials provided by the Client remain the property of the Client. The Client warrants that they have the rights to use all content published on their website and that such content does not infringe any third party’s intellectual property rights.
Upon cancellation and settlement of all outstanding amounts, the Client retains ownership of their website content and any custom code developed specifically for them under a paid engagement.
12. Privacy and Data Security
Kicking Pixels handles personal information in accordance with the Australian Privacy Act 1988 and our Privacy Policy.
In delivering services, Kicking Pixels may access the Client’s website hosting environment and associated data. This access is used solely for the purpose of delivering the contracted services.
Kicking Pixels holds ISO 27001 certification for its Information Security Management System, independently audited against this international standard.
The Client is responsible for ensuring that personal information collected via their website from their own customers or end users complies with applicable privacy laws, including the Australian Privacy Principles.
13. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from or related to these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.
14. Dispute Resolution
In the event of a dispute, the Client agrees to contact Kicking Pixels at support@kickingpixels.com.au in the first instance to seek informal resolution. Kicking Pixels will acknowledge the dispute within 3 business days and work in good faith to resolve it within 14 business days.
If the dispute cannot be resolved informally, either party may refer the matter to mediation before commencing legal proceedings, unless urgent injunctive relief is required.
15. Changes to These Terms
Kicking Pixels may update these Terms from time to time. Existing subscribers will be notified of material changes by email at least 14 days before the changes take effect. Continued use of the service after the effective date constitutes acceptance of the revised Terms.
The current version of these Terms will always be available at subscriptions.kickingpixels.com.au.
16. Contact Us
For questions about these Terms, please contact us:
| Entity | Kicking Pixels Pty Ltd |
| ABN | 13 136 066 496 |
| Address | Suite 4.39, The Element Building, 200 Central Coast Highway, Erina NSW 2250 |
| support@kickingpixels.com.au | |
| Phone | 0482 076 382 |
| Website | kickingpixels.com.au |