Website Maintenance Terms & Conditions

Electronic Network Systems Pty Ltd
WordPress Maintenance Services Agreement

Effective Date: 1st Jan 2026


1. Introduction

These Terms & Conditions (“Agreement”) govern the provision of website maintenance services by Electronic Network Systems Pty Ltd (“ENS”, “we”, “our”, or “us”) to the client (“Client”, “you”, or “your”).

By engaging ENS for website maintenance services, the Client agrees to these Terms & Conditions.


2. Scope of Services

ENS may provide some or all of the following services:

  • WordPress core updates
  • WordPress plugin updates
  • WordPress theme updates
  • Website backups
  • Basic uptime monitoring
  • Basic security monitoring
  • Malware scans
  • Performance checks
  • Minor maintenance tasks

Services provided are limited strictly to the maintenance package agreed upon in writing.


3. No Guarantee of Security

The Client acknowledges and agrees that:

  • No website, server, software platform, or online service can be guaranteed to be completely secure.
  • ENS does not warrant or guarantee that the Client’s website will be free from:
    • hacking,
    • malware,
    • denial-of-service (DoS/DDoS) attacks,
    • ransomware,
    • phishing,
    • brute-force attacks,
    • data breaches,
    • third-party vulnerabilities,
    • hosting failures,
    • zero-day exploits,
    • or any other cybersecurity incident.

ENS provides maintenance services on a best-effort basis only.

The Client understands that website security depends on numerous factors outside ENS’s control, including but not limited to:

  • web hosting infrastructure,
  • third-party plugins/themes,
  • domain registrars,
  • user passwords,
  • administrator behaviour,
  • external integrations,
  • internet infrastructure,
  • and actions of malicious third parties.

4. Third-Party Software

ENS is not responsible for vulnerabilities, defects, outages, incompatibilities, or failures arising from:

  • WordPress core software,
  • third-party plugins,
  • third-party themes,
  • hosting providers,
  • payment gateways,
  • APIs,
  • CDN providers,
  • email systems,
  • or any external software/service not developed directly by ENS.

The Client acknowledges that plugin and theme developers may discontinue support, introduce bugs, or release unstable updates beyond ENS’s control.


5. Backups

ENS may perform backups as part of the maintenance service. However:

  • ENS does not guarantee that backups will always be successful, complete, recoverable, or corruption-free.
  • The Client remains solely responsible for maintaining independent backups of all website data and content.
  • ENS is not liable for data loss, corruption, incomplete restorations, or backup failures.

Where restoration services are required, additional charges may apply.


6. Limitation of Liability

To the maximum extent permitted by law, ENS shall not be liable for:

  • indirect loss,
  • consequential loss,
  • loss of profits,
  • loss of revenue,
  • business interruption,
  • reputational damage,
  • loss of data,
  • cybersecurity incidents,
  • search engine ranking loss,
  • or any special damages arising from or related to the services provided.

ENS’s total aggregate liability for any claim relating to the services shall be limited to the total fees paid by the Client to ENS for the preceding three (3) months of services.


7. Indemnity

The Client agrees to indemnify and hold harmless ENS, its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or legal expenses arising from:

  • operation of the Client’s website,
  • website content,
  • third-party software,
  • cybersecurity incidents,
  • data breaches,
  • unlawful content,
  • spam,
  • misuse of the website,
  • or any act or omission by the Client or third parties.

8. Emergency Support & Security Incidents

In the event of:

  • hacking,
  • malware infection,
  • blacklisting,
  • service outages,
  • denial-of-service attacks,
  • or website compromise,

ENS may provide remediation services at its discretion and subject to additional fees unless otherwise included in a written support agreement.

ENS does not guarantee successful recovery or restoration following a security incident.


9. Client Responsibilities

The Client is responsible for:

  • maintaining secure passwords,
  • protecting login credentials,
  • using reputable hosting providers,
  • ensuring lawful website content,
  • maintaining appropriate licences,
  • reviewing website functionality after updates,
  • and promptly reporting issues.

Failure by the Client to follow security best practices may increase risk and reduce ENS’s ability to provide effective maintenance services.


10. Compatibility Risks

The Client acknowledges that:

  • software updates can occasionally create incompatibilities,
  • plugin/theme conflicts may occur,
  • layouts or functionality may change unexpectedly,
  • and third-party developers may release defective updates.

ENS will take reasonable care when performing updates but cannot guarantee uninterrupted functionality following updates.


11. Suspension of Services

ENS reserves the right to suspend or terminate services where:

  • invoices remain unpaid,
  • abusive behaviour occurs,
  • unlawful content is identified,
  • excessive risk exists,
  • or continued service would expose ENS to unreasonable liability or security risk.

12. Force Majeure

ENS shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including:

  • cyberattacks,
  • infrastructure outages,
  • hosting failures,
  • internet disruptions,
  • natural disasters,
  • government actions,
  • labour disputes,
  • or acts of God.

13. Australian Consumer Law

Nothing in this Agreement excludes rights that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.

Where liability cannot be excluded, ENS’s liability is limited, at ENS’s option, to:

  • resupplying the services; or
  • refunding the relevant portion of fees paid.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales.


15. Acceptance

By engaging ENS for website maintenance services, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.