Terms & Conditions

1. Definitions

1.1. Customer: The person or entity ordering services from Fidelis Group.
1.2. Customer Service: The relationship between Fidelis Group staff and the Customer, including technical support, billing inquiries, and project communications.
1.3. Ticket: A secure electronic message sent by the Customer via the portal for service-related issues.
1.4. Service(s): Any product(s) or service(s) provided by Fidelis Group, including but not limited to:

• Web Hosting & Domain Services
• IT Support & Consulting
• Website Development & Maintenance
• Graphic & Digital Design Services
• Software & API Integrations

1.5. Portal: The Fidelis Group online account, billing, and management system available at [insert URL].
1.6. We/Our/Us: Refers to Fidelis Group.
1.7. You/Your: Refers to the Customer.

2. Acceptance of Terms

2.1. By ordering, paying for, or using any Service(s), the Customer agrees to these Terms of Service, the Privacy Policy, and all related agreements.
2.2. The Customer is responsible for ensuring that all content, files, applications, and software comply with applicable laws.
2.3. If the Customer does not agree to these Terms, they must immediately stop using the Services and request cancellation under Section 10.
2.4. Implied Acceptance: By placing an order, making payment, or using any services provided by Fidelis Group, the Customer acknowledges and agrees to these Terms of Service in full, regardless of whether a separate contract has been signed.

3. Communication & Notices

3.1. Fidelis Group may send service-related notices via email, SMS, or the portal.
3.2. The Customer consents to receiving essential service notifications, including billing, security alerts, and project updates.
3.3. Fidelis Group is not responsible for undelivered notifications due to invalid contact information provided by the Customer.

4. Limitations of Web Hosting Provider & Service Availability

4.1. Fidelis Group is NOT responsible for:

• Customer website content.
• Security of passwords, API keys, or login credentials.
• Data loss due to Customer actions, third-party software, or malware.
• Ensuring compatibility of third-party applications, software, or custom code.
• Website security, unless a separate security service agreement has been signed.
• Email deliverability issues caused by third-party spam filters or blacklists.
• Downtime caused by cyberattacks, third-party software, or upstream providers.

4.2. Unless a Service Level Agreement (SLA) is signed, Fidelis Group does NOT guarantee:

• Uninterrupted uptime.
• Performance of third-party software.
• Protection against cyberattacks, malware, or hacking incidents.

4.3. Customer Responsibility for cPanel & Server Access:
Customers must secure their own cPanel access and are liable for any unauthorized access, hacking, or data loss resulting from their access credentials.

4.4. Third-Party cPanel Access:
If the Customer provides cPanel or server credentials to a third party, Fidelis Group is not liable for any changes, security breaches, or data loss resulting from unauthorized access.

4.5. Client Security Responsibility:
Clients are responsible for securing their accounts, including passwords and server access. Fidelis Group is not liable for security breaches due to weak passwords, outdated software, or customer negligence. If a client’s website is compromised and poses a security risk, Fidelis Group reserves the right to suspend hosting services until the issue is resolved.

5. Billing & Payments

5.1. Invoices are issued 7 days before the due date.

5.2. No Refund Policy (Strictly Enforced)

• Payments are non-refundable. If a project is canceled after commencement, Fidelis Group reserves the right to invoice for all completed work up to that point. No refunds will be issued for partially completed services, including but not limited to work-in-progress, consultation time, or deposits for reserved service slots
• All payments are final, including prepaid services and deposits.

5.3. Unpaid Accounts:

• Accounts unpaid beyond 7 days may be suspended.
• Unpaid accounts beyond 14 days may be permanently deleted.

5.4. Chargeback Policy:
The Customer agrees that initiating a chargeback or payment dispute for services rendered is a violation of these Terms. Any chargeback will result in immediate suspension of services, and Fidelis Group reserves the right to pursue legal action or engage a debt collection agency.

5.5. Service Expiration:
Prepaid services, including but not limited to hosting, maintenance, and support hours, must be used within 12 months from the purchase date unless otherwise specified. Unused prepaid services are non-refundable and do not roll over.

5.6. Debt Collection & Third-Party Agencies:
If the Customer fails to pay outstanding invoices within 30 days of the due date, Fidelis Group reserves the right to engage a third-party collection agency to recover the unpaid amount. The Customer will be responsible for all additional costs incurred, including but not limited to:

• Debt collection agency fees
• Legal costs and court filing fees
• Administrative fees related to debt recovery

5.7. Credit Reporting:
Fidelis Group may report unpaid debts to credit reporting agencies, which may impact the Customer’s credit rating.

5.8. Suspension & Termination for Non-Payment:
Services may be suspended after 7 days of non-payment and permanently terminated after 14 days. Once an account is referred to a collection agency, reinstatement of services will require full payment of all outstanding amounts, including collection costs.

5.9. Reinstatement Fees:
If services are suspended due to non-payment, a reinstatement fee of $50 AUD applies before service restoration. If an account is permanently terminated, a reactivation fee of up to $150 AUD may be required to re-establish services, subject to availability and discretion of Fidelis Group.

5.10. Late Fees & Interest Charges

• A late payment fee of $20 AUD may be applied to overdue invoices.
• Interest on overdue balances may accrue at a rate of 10% per week, calculated from the original due date until payment is received in full.
• Fidelis Group reserves the right to deny future services or require prepayment if the Customer has a history of late payments.

5.11. Late Cancellation Fee
If a Customer requests to cancel a service after an invoice for the upcoming billing cycle has been issued, Fidelis Group reserves the right to charge a Late Cancellation Fee of $100 AUD. This fee covers administrative processing, server resource allocation, and any disruption caused by the late request.

• Cancellations must be formally submitted in writing at least 7 days before the next invoice date to avoid this fee.
• Failure to provide adequate notice will result in the Late Cancellation Fee being applied, regardless of whether the service is actively in use.
• If an account has already been provisioned and remains active, the full invoice remains payable, including any overdue fees accrued.

5.12. Early Termination Fee for Hosting Services

If a Customer cancels their hosting account within the required 30-day notice period, an Early Termination Fee of $50 AUD will apply.
This fee covers administrative processing and resource reallocation due to premature service cancellation.
The fee is enforceable regardless of whether the hosting service is actively used during the notice period. Customers must provide at least 30 days’ written notice before the end of their current billing cycle to avoid this charge.

6. Scope Creep, Project Abandonment, & Completion Verification

6.1. Scope Creep Protection:
Any additional requests outside the agreed project scope will be automatically billable at Fidelis Group’s standard rate of $75 per hour, unless declined by the Customer in writing prior to commencement of additional work.

6.2. Project Abandonment:
If the Customer ceases communication, fails to provide required materials, or otherwise delays a project beyond 30 days without prior agreement, Fidelis Group reserves the right to invoice for all work completed up to that point. A restart fee may also apply.

6.3. Completion Verification:
The Customer agrees to review and verify the completion of any service before final delivery. Any concerns must be raised within 5 business days, after which the service will be considered fully accepted, and no refund or revision requests will be entertained.

9. Force Majeure (Events Beyond Our Control)

9.1. Fidelis Group is NOT liable for service disruptions due to:

Natural disasters, fires, floods, or pandemics.
Cyberattacks, ransomware, malware, or security breaches beyond our control.
Government regulations, ISP failures, or third-party outages.
Acts of war, strikes, or economic disruptions affecting suppliers.

9.2. If a Force Majeure event affects service delivery for more than 30 consecutive days, either party may terminate the affected services without penalty.

10. Acceptable Use Policy (AUP)

10.1. Customers may NOT:

• Host illegal content.
• Send spam or phishing emails.
• Use excessive server resources.

10.2. Violation of the AUP will result in immediate service termination without refund.

11. Governing Law & Legal Compliance

11.1. These Terms are governed by Australian law (Victoria, Australia).
11.2. Fidelis Group complies with Australian Consumer Law (ACL), but liability is strictly limited as permitted under the ACL.
11.3. Customers must ensure their online activities comply with applicable laws.

12. Right to Refuse or Terminate Service

12.1. Fidelis Group reserves the right to refuse service to anyone for any reason, including:

• Abusive behavior towards staff.
• Non-payment.
• Breach of acceptable use policy.

13. Free vs. Paid Support Policy

13.1. Free Support Includes:

• Assistance with account login & billing inquiries.
• Basic troubleshooting for server-related outages.
• Guidance on how to use the portal & cPanel.
• General web hosting knowledge base inquiries.

13.2. Paid Support ($75 per hour) Includes:

• Debugging website errors, database issues, or email problems not caused by Fidelis Group.
• Third-party software support (WordPress, Magento, Joomla, etc.).
• Website migrations outside of Fidelis Group’s standard migration policy.
• Restoring data from backups (if available).
• Custom coding, script modifications, or website development.
• IT support services, including computer repairs, system troubleshooting, or network configurations.

14. Portfolio Rights & Copyright Text Credit

14.1. Fidelis Group reserves the right to display completed projects in its portfolio, case studies, and marketing materials unless otherwise agreed in writing.

14.2. For website design and development projects, a small credit link may be placed in the footer stating “Designed by Fidelis Group,” which cannot be removed without prior agreement.

14.3. Clients may request project removal from our portfolio for a fee of $250 AUD to cover administrative costs and lost visibility. Requests must be made in writing.

15. Mutual Respect

15.1. Fidelis Group expects professionalism and respectful communication in all interactions.
15.2. Abusive, threatening, or disrespectful behavior towards Fidelis Group staff may result in immediate termination of services without refund.

16. Business Hours

16.1. Fidelis Group operates during the following business hours:

• Monday to Friday: 9:00 AM to 5:00 PM (AEST).
• Technical support outside of these hours is available for urgent issues via the designated support portal.

17. Limitation of Liability

17.1. Fidelis Group’s liability is limited to the amount paid by the Customer in the last 6 months for the specific service that caused the claim.

17.2. Fidelis Group shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.
• Third-party damages or claims.
• Service interruptions, failures, or errors beyond Fidelis Group’s reasonable control.

17.3. Compliance with Consumer Law:
Nothing in these Terms limits a Customer’s rights under Australian Consumer Law (ACL) where applicable. If any part of these Terms contradicts consumer rights provided by ACL, those rights shall take precedence.

18. Service Suspension Without Liability

18.1. Fidelis Group reserves the right to suspend, restrict, or terminate services immediately, without liability, under the following circumstances:

• Breach of these Terms of Service.
• Non-payment beyond the stated period.
• Illegal, unethical, or abusive behavior.
• Excessive use of server resources that negatively impacts other customers.
• Cybersecurity concerns, including unauthorized access, malware, or hacking attempts.

19. Modification of Terms

19.1. Fidelis Group may modify these Terms at any time.
19.2. Continued use of services after modifications constitutes acceptance of the new Terms.
19.3. If a Customer does not agree to any modifications, they must stop using the services and request cancellation.

19.4. Customers will be notified via email at least 30 days before significant policy changes that materially affect their rights or obligations.

20. Severability Clause

20.1. If any provision in this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. Entire Agreement

21.1. These Terms of Service constitute the entire agreement between Fidelis Group and the Customer, superseding all prior agreements, discussions, or communications.

22. Data Backup & Loss Disclaimer

22.1. Customers are solely responsible for backing up their data.
22.2. Fidelis Group does NOT guarantee backups and is NOT responsible for data loss due to:

• Accidental deletion by the Customer.
• Server failures or corruption.
• Cyberattacks, malware, or hacking attempts.
• Third-party software malfunctions.

22.3. Paid Data Recovery: If available, data recovery services may be provided at $150 per attempt, but success is NOT guaranteed.

23. Compliance with Laws & Customer Liability

23.1. The Customer is solely responsible for ensuring that their content, website, emails, and data comply with all applicable laws, including:

• Australian Consumer Law (ACL).
• Privacy regulations (e.g., GDPR, Australian Privacy Act 1988).
• Copyright, trademark, and intellectual property laws.

23.2. Fidelis Group will cooperate with legal authorities if required and reserves the right to suspend or terminate accounts engaged in illegal activities.

24. Domain Name Registrations & Renewals

24.1. Fidelis Group is NOT responsible for expired domains due to non-payment.

24.2. The Customer must renew their domains on time; failure to do so may result in:

• Loss of ownership of the domain.
• Increased redemption fees charged by the domain registry.
• Permanently losing access to the domain.

25. Intellectual Property Rights

25.1. All design work, development, and branding materials created by Fidelis Group remain the intellectual property of Fidelis Group until full payment is received.

25.2. Upon full payment, the Customer receives a non-exclusive, non-transferable license to use the deliverables.

25.3. Unauthorized reproduction, resale, or distribution of Fidelis Group’s proprietary work is strictly prohibited.

26. Dispute Resolution & Governing Jurisdiction

26.1. All disputes must first be resolved through direct communication with Fidelis Group’s support team.

26.2. If a resolution cannot be reached, disputes must be settled through mediation in Victoria, Australia, before any legal action is taken.

26.3. Legal disputes will be governed under the laws of Victoria, Australia.

26.4. Legal Fees & Costs: If Fidelis Group prevails in a legal dispute, the Customer agrees to reimburse all reasonable legal fees, court costs, and administrative expenses incurred in enforcing these Terms.

26.5. Customers outside of Australia acknowledge that any legal claims must be filed in a Victoria, Australia jurisdiction unless otherwise required by applicable local laws.

27.Non-Disparagement

27.1. The Customer agrees not to make, publish, or distribute false, misleading, or defamatory statements about Fidelis Group, its employees, or its services in any public or private forum, including but not limited to:

• Online reviews (Google, Trustpilot, social media, forums).
• Blogs, websites, or news articles.
• Public complaints without first seeking resolution through Fidelis Group’s internal dispute process.

27.2. Fair and honest reviews based on genuine experiences are permitted, but any attempt to use negative reviews as leverage for refunds, discounts, or special treatment will be considered a breach of contract.

27.3. Violation of this clause may result in:

• Immediate termination of services without refund.
• Legal action for defamation or reputational harm.
• Financial damages and recovery of legal costs if disparaging statements cause material harm to Fidelis Group.

27.4. If the Customer has a service concern, they agree to first contact Fidelis Group directly for resolution before making public complaints.

28.Feedback and Testimonials

28.1. By providing feedback, reviews, or testimonials, the Customer grants Fidelis Group permission to use them for marketing, promotional materials, and website content.

28.2. Fidelis Group may edit testimonials for clarity, length, or formatting but will not change the original meaning.

28.3. Privacy Protection: Fidelis Group will not disclose personal details (such as full names or contact information) without the Customer’s consent.

28.4. Fair Use Policy:

• Testimonials must be honest and accurate.
• Posting false, misleading, or defamatory reviews to harm Fidelis Group’s reputation is prohibited and may result in legal action.

28.5. Customers may request removal of their testimonial by submitting a written request, though Fidelis Group may retain previously published testimonials in archived materials.

29.Confidentiality

29.1. Fidelis Group and the Customer agree to keep all confidential information private and not disclose it to third parties without prior written consent. Confidential information includes but is not limited to:

• Business strategies, pricing, and internal processes.
• Technical support details and project discussions.
• Customer data, login credentials, and sensitive account information.

29.2. Exceptions apply if disclosure is required by law, government authorities, or court orders.

29.3. Fidelis Group may access and store necessary information only for service provision, security, and compliance with legal obligations.

29.4. Customers are responsible for maintaining the confidentiality of their own account details, passwords, and server credentials. Any unauthorized access due to customer negligence is not the responsibility of Fidelis Group.

29.5. Violation of this clause may result in legal action and financial damages for any unauthorized sharing or misuse of confidential information.

30. Termination of Services

By Fidelis Group

30.1. Fidelis Group reserves the right to suspend or terminate services immediately, without refund, if the Customer:

• Fails to make payments for hosting, support, or project services within the required timeframe.
• Violates the Acceptable Use Policy (AUP), including misuse of hosting resources, spam, or illegal activity.
• Engages in abusive, fraudulent, illegal, or unethical behavior towards staff or other customers.
• Compromises system security, including unauthorized access, hacking, or distributing malware.
• Misuses hosting or IT services, causing harm to the server environment or impacting other clients.

30.2. If termination is due to a policy violation, services may be suspended without notice, and data may be permanently deleted.

30.3. If termination is for non-policy-related reasons, Fidelis Group will provide 7 days’ written notice to allow the Customer time to migrate services elsewhere.

By the Customer

30.4. The Customer may request cancellation of services by:

• Submitting a written cancellation request at least 7 days before renewal (for hosting, maintenance, or recurring IT services).
• Ensuring all outstanding invoices are paid before termination takes effect.
• Requesting website, email, or IT service migration (if applicable).
• If a hosting account is cancelled within the required 30-day notice period, an Early Termination Fee of $50 AUD will apply, as outlined in Clause 

30.5. Project-based work (e.g., web design, custom development) is non-refundable after commencement, even if canceled before completion.

30.6. Hosting accounts will remain active until the end of the paid billing cycle, unless otherwise requested.

Effect of Termination

30.7. Upon termination:

• Hosting services, IT support, and active development projects will be deactivated.
• Access to cPanel, email accounts, databases, and website files may be revoked immediately.
• Fidelis Group is not responsible for data retention after termination. Customers must back up data before canceling services.
• Any unpaid balances must be settled within 14 days. Failure to pay may result in debt collection actions (see Collection Fees clause).

Reinstatement of Services

30.8. If a Customer requests reinstatement after termination, the following conditions apply:

• A reconnection or reactivation fee may be charged.
• Website or server backups are not guaranteed, and restoration fees may apply.
• Reinstatement is subject to service availability and Fidelis Group’s discretion.

31. Service Availability & Uptime

31.1. Hosting & IT Support Availability

• Fidelis Group provides a 99.9% uptime commitment; however, this excludes downtime resulting from scheduled maintenance, force majeure events, customer misconfigurations, upstream provider outages, or cyberattacks beyond Fidelis Group’s reasonable control. No refunds or credits will be issued for service disruptions outside Fidelis Group’s responsibility.
• Emergency support outside of business hours may be available upon request but may incur additional fees.

31.2. Scheduled Maintenance & Service Interruptions

• Fidelis Group may perform scheduled maintenance to upgrade or improve services. Customers will receive at least 48 hours’ notice for non-emergency maintenance.
• During maintenance, services may be temporarily unavailable. Fidelis Group is not liable for losses resulting from scheduled downtime.
• Emergency maintenance may be conducted without prior notice if required for security, stability, or performance.

31.3. Third-Party Service Dependencies

• Some services rely on third-party providers (e.g., domain registrars, cloud hosting, payment processors). Fidelis Group is not responsible for disruptions caused by third-party outages.
• If a third-party provider experiences downtime, Fidelis Group will work to restore services as quickly as possible, but no refunds or credits will be issued for interruptions caused by external providers.

31.5. Compensation & Liability for Downtime

• Fidelis Group does not provide automatic refunds for service downtime unless otherwise stated in a Service Level Agreement (SLA).
• If service availability falls below 99.9% in a given month, affected Customers may request a credit proportional to the downtime experienced.
• Fidelis Group’s liability for downtime is strictly limited to service credits and does not cover lost revenue, data loss, or business interruptions.

32. Client Obligations

32.1. General Responsibilities

The Customer agrees to:

• Provide accurate and complete information when signing up for services.
• Keep contact details up to date to ensure timely communication regarding service status, invoices, and critical updates.
• Use Fidelis Group’s services legally and ethically, in compliance with all applicable laws and regulations.

32.2. Hosting & IT Security Responsibilities

• The Customer is solely responsible for maintaining the security of their hosting accounts, websites, and login credentials.
• Customers must use strong passwords and enable security features such as two-factor authentication where applicable.
• Customers must regularly update website plugins, software, and applications to prevent security vulnerabilities.
• If a Customer’s account or website is compromised due to their negligence, Fidelis Group may suspend or terminate the account until the security issue is resolved.
• The Customer must not engage in activities that could compromise server security, including:
  • Running outdated or vulnerable software.
  • Hosting malicious files, malware, or phishing content.
  • Engaging in unauthorized penetration testing or hacking attempts.

32.3. Website & Design Projects

For web design and development services, the Customer must:

• Provide all required content, images, branding materials, and project details before work commences.
• Respond to communication and feedback requests in a timely manner to avoid delays.
• Understand that delays in providing materials may result in extended deadlines or additional fees.

33. Subcontractors

33.1. Fidelis Group reserves the right to use subcontractors, third-party providers, or independent contractors to deliver services, including but not limited to web hosting, IT support, cybersecurity, and software development.

33.2. Fidelis Group remains responsible for the quality of work performed by subcontractors, but is not liable for delays or disruptions caused by third-party vendors beyond its control.

33.3. The Customer agrees that subcontractors may access Customer data strictly for service-related purposes and in compliance with Fidelis Group’s Privacy Policy and Security Standards.

34. Security Compliance

34.1. The Customer agrees to comply with all security protocols, best practices, and guidelines provided by Fidelis Group to ensure system integrity and data protection.

34.2. The Customer is responsible for keeping their software, accounts, and passwords secure to prevent unauthorized access.

34.3. If a Customer’s account or website is compromised due to weak security practices or outdated software, Fidelis Group may:

• Require the Customer to implement security updates.
• Suspend services until security risks are mitigated.
• Apply security remediation fees if extensive work is required to resolve security breaches.

34.4. Fidelis Group reserves the right to audit customer accounts, hosting environments, or IT systems for security compliance and may take necessary action to protect its infrastructure from threats.

35. Record-Keeping and Audit Rights

35.1. Fidelis Group maintains records of transactions, support requests, invoices, and service logs for a period of at least 12 months, unless required by law to retain records longer.

35.2. Fidelis Group reserves the right to audit Customer accounts, server usage, or compliance with terms if misuse, fraudulent activity, or unauthorized access is suspected.

35.3. Customers may request service logs or account records upon written request, subject to administrative processing fees.

36. No Guarantee of Results

36.1. While Fidelis Group aims to provide high-quality hosting, IT solutions, and web development services, it does not guarantee:

• That hosting or IT services will always be free from downtime or technical issues.
• That SEO, web design, or digital marketing services will result in specific rankings, conversions, or revenue increases.
• That security services will provide 100% protection against cyberattacks, hacks, or data breaches.

36.2. Customers acknowledge that technical performance may be affected by factors beyond Fidelis Group’s control, including third-party software, network conditions, and server limitations.

37. Survival of Terms

37.1. Any sections of these Terms that by their nature should survive termination will remain in effect, including but not limited to:

• Confidentiality obligations
• Indemnification clauses
• Liability limitations
• Outstanding payment obligations
• Dispute resolution procedures

38. Waiver of Subrogation

38.1. The Customer agrees to waive any rights of subrogation against Fidelis Group, meaning they cannot transfer claims or damages to third-party insurers, legal representatives, or other entities seeking compensation from Fidelis Group.

38.2. This applies to losses, damages, or liabilities resulting from hosting outages, security breaches, or service interruptions, except where gross negligence by Fidelis Group has been legally established.

39. Change of Ownership or Control

39.1. If Fidelis Group undergoes a merger, acquisition, sale of assets, or change of control, these Terms of Service will continue to apply under the new entity, unless otherwise notified in writing.

39.2. Customers will be given at least 30 days’ notice if a transfer of ownership affects their service agreements.

39.3. If the Customer undergoes a business ownership change, they must notify Fidelis Group in writing within 7 days to update account ownership and access rights.

40. Agreement to Terms

40.1. By using Fidelis Group Services, the Customer acknowledges and agrees to these Terms.

40.2. Fidelis Group may modify these Terms at any time, with updates effective upon publication.

40.3. Continued use of Fidelis Group services after modifications constitutes acceptance of the updated Terms.

41. Contact Information

For any questions, concerns, or disputes, please contact Fidelis Group using the details below:

📧 Email: admin@fidelisgroup.au
📞 Phone: 0475 704 825
🕒 Business Hours: Monday – Friday, 9 AM – 5 PM AEST

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