Terms and Conditions

xweb (ABN 89 299 677 458) • Effective 29 June 2026

By ordering services from xweb you agree to our terms. Services are provided subject to fair use, payment on time, and compliance with Australian law.

We reserve the right to suspend accounts that violate these terms or exceed resource limits. Full details available on request.

1. Agreement and Acceptance

These Terms and Conditions ("Terms") form a binding agreement between xweb (ABN 89 299 677 458) ("xweb", "we", "us" or "our") and the customer ("you" or "Customer") for the supply of our services.

By placing an Order, accessing or using our services, or accepting these Terms, you agree to be bound by them. If you do not agree, do not use the services.

2. Services

xweb provides Drupal development, web hosting, cloud hosting, email services, domain registration, SSL certificates and related services ("Services") as described on our website and in any Order or quotation.

We will use reasonable care and skill in providing the Services. We do not guarantee that the Services will be uninterrupted, error-free or completely secure.

3. Customer Obligations

You must:

• provide accurate information and keep it up to date;
• pay all fees on time in accordance with the applicable payment terms;
• use the Services only for lawful purposes and in compliance with all applicable Australian laws;
• comply with our Fair Use policy and any resource limits for your package;
• not use the Services to transmit, store or distribute illegal, harmful, defamatory or infringing content;
• maintain the security of your account credentials; and
• ensure you have all necessary rights to any content you upload or use with the Services.

4. Payment and Billing

Fees are as published on our website or as agreed in your Order. All fees are in Australian dollars and exclusive of GST unless stated otherwise.

Hosting packages include 12 months of hosting from activation. After the initial term, services continue month-to-month at the then-current rate unless cancelled or upgraded.

You must pay by the due date. Late payment may result in suspension or termination of Services and may incur interest or collection costs.

5. Term, Renewal and Cancellation

Recurring Services commence on activation and renew automatically on a month-to-month basis unless terminated.

You may cancel recurring Services by providing written notice via our contact form at least 14 days before the end of the current billing period. No refunds are provided for partial periods except where required by the Australian Consumer Law.

We may terminate or suspend Services immediately if you breach these Terms, fail to pay fees when due, or if required by law.

6. Fair Use and Suspension

Services are provided subject to fair use, payment on time, and compliance with Australian law. We may suspend or limit your account if you exceed resource limits, violate our Fair Use policy, or breach these Terms. Details of resource limits and overuse charges are published on our website.

7. Intellectual Property

We retain all intellectual property rights in our software, tools, methodologies and materials. You retain ownership of your content. You grant us a licence to use your content solely as necessary to provide the Services.

Custom development work created under a specific Order will be assigned to you upon full payment, subject to any third-party or open-source components.

8. Australian Consumer Law and Warranties

Nothing in these Terms excludes, restricts or modifies any right or remedy conferred by the Australian Consumer Law or any other Australian law that cannot be excluded.

To the extent permitted by law, our liability for breach of a non-excludable guarantee is limited to re-supply of the Services or payment of the cost of re-supply.

9. Limitation of Liability

Subject to clause 8, to the maximum extent permitted by Australian law, xweb will not be liable for indirect, incidental, special or consequential damages, or any loss of profits, revenue, data or business opportunity, arising out of or in connection with these Terms or the Services.

Our total liability to you under or in connection with these Terms is limited to the total fees paid by you for the Services in the 12 months preceding the claim.

10. Indemnity

You agree to indemnify xweb and its officers, employees and agents against any claims, losses or costs (including reasonable legal costs) arising from your use of the Services, your content, or your breach of these Terms.

11. Confidentiality

Each party must keep confidential all non-public information received from the other in connection with the Services, except where disclosure is required by law or to professional advisers under an obligation of confidentiality.

12. Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Services you consent to our handling of personal information in accordance with that policy.

13. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.

Before commencing legal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation. If unresolved within 30 days, either party may refer the matter to mediation in Sydney.

14. Changes to These Terms

We may update these Terms from time to time. The current version will be published on our website. Continued use of the Services after changes constitutes acceptance of the updated Terms.

15. General

These Terms, together with any Order and our Privacy Policy, constitute the entire agreement between the parties. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force. You may not assign your rights without our prior written consent. No failure to exercise a right under these Terms constitutes a waiver.

16. Contact

If you have questions about these Terms, please contact us via the contact form on our website.