Terms of Service

1. Who we are

Nightshift Lane (ABN 45 280 632 686) is a sole trader business based in Margaret River, Western Australia. We are a digital operations partner for Australian small businesses, working with clients Australia-wide.

Throughout this document, "we" and "Nightshift Lane" mean the business above; "you" means the business engaging us. Contact: [email protected].

2. What we do for you

We deliver the managed service tier described in your proposal:

• Tier 1, Keep my site running: managed hosting and deployment of your site, DNS management, managed SSL with monitoring and automatic renewal, uptime monitoring and alerting, automated backups, a security baseline and ongoing maintenance, one named content editor for safe self-serve content updates, business-hours priority response, and a monthly health summary.
• Tier 2, Help customers find me and stop losing leads: everything in Tier 1, plus AI Visibility foundations and ongoing tracking, a standard AI website enquiry assistant, enquiry and lead capture with clearer calls to action, basic reporting, clearer business and service information for search and answer engines, and an optional Google Business Profile setup.
• Tier 3, Run the whole digital side for me: everything in Tier 2, plus a defined monthly allowance of small content updates, priority improvement access, a monthly digital operations review and roadmap, broader website, domain and DNS management, bounded coordination of Nightshift Lane managed email, and the 60-minute Priority 1 response acknowledgement described in the SLA.

We also offer Watchtower, a low-cost monitoring-only service that sits below the managed tiers. Watchtower alerts you when there is a problem; it does not include investigation, repairs, website updates, technical support, or a human response commitment.

The monthly tiers are ongoing management plans, not an unlimited work allowance. Bigger changes, new pages, new forms, integrations, and design work sit outside the monthly fee and are scoped, quoted, and agreed before we start.

Optional add-ons, such as AI Visibility, AI Receptionist, Google Business Profile setup, and Email Health and Deliverability, are available on the tiers where they apply and are set out in your proposal. Specific scope, deliverables, and any one-off setup work for your engagement are recorded in your proposal. The proposal and these terms together form our agreement.

3. Domains, email, hosting, and supply

• Supply and resale. Nightshift Lane may supply or resell domains, email, Microsoft 365, hosting, and SSL certificates as part of your managed service. Where we do, we manage the billing, provisioning, and first-line support for those services, and we act as your technical manager for DNS, nameservers, SSL, and website configuration. Where the law requires it, we will identify the sponsoring registrar or underlying provider on request.
• Domain ownership. Wherever possible, domains are registered to your business or your nominated legal entity. You remain the registrant and legal owner of your domain. Nightshift Lane manages the technical side, including DNS, nameservers, SSL, routing, and renewal, while your services with us are active.
• Email. Email mailboxes, licences, and any complex email setup or support are separate from the standard website tiers and are set out in your proposal. On Tier 3, our coordination of Nightshift Lane managed email is bounded, covering tasks such as mailbox creation, licence changes, and DNS coordination. It is not a general IT, device, or email helpdesk.

4. What we do not do

To keep what we do strong, we draw firm lines:

• We do not run email marketing or campaign work; we make sure your email reaches the inbox, we do not send it on your behalf.
• We do not guarantee specific search rankings, the output of any AI assistant, leads, or commercial outcomes. We make the technical and information foundation correct; search engines and AI providers reach their own decisions.
• We do not provide a general IT, device, or break-fix helpdesk (laptops, printers, Outlook, data recovery, and similar).
• We do not provide legal, tax, accounting, or financial advice.

5. Service levels

The detailed response-time commitments for P1 incidents (site down, customer money path broken, deliverability incident, security incident) live in the separate P1 Incident SLA attached to your proposal. That document is the authoritative source on response times, credit mechanics, and exclusions, and is kept separate so it can be tightened without re-issuing these terms.

In summary, and not as a substitute for the SLA:

• Site monitoring: continuous, with alerts to our ops channel and back to you on incidents.
• P1 incident response: the 60-minute any-time Priority 1 response acknowledgement applies to Tier 3. It is a response acknowledgement target only, not a guaranteed fix time, a resolution time, an uptime guarantee, or unlimited or 24/7 support. Tiers 1 and 2 have business-hours priority response only. See the SLA for the full detail.
• Routine change requests: within 5 business days for in-scope work.
• Monthly report: delivered by the 7th of the following month for the tiers that include it, summarising performance, uptime, security, and (where the add-on applies) AI-visibility and email-deliverability posture.

If a sustained issue is on our side, we will tell you what happened, what we did, and what we are changing so it does not recur. We will not pretend the issue was elsewhere.

6. Your responsibilities

For the service to work, we need:

• Owner-level access to the systems we are engaged to manage (domain registrar, DNS, hosting, mail provider, CMS) at intake, and continued access for the duration.
• A nominated contact who can answer questions and approve material changes within 2 business days.
• Notice of any new tool you add that sends email from your domain, or that publishes content on your behalf, so we can keep authentication and visibility correct.

If we cannot get the access we need, we cannot deliver the service; we will pause work, tell you what is blocking us, and not bill for the period we are blocked.

7. Fees, billing, and term

• Fees are as set out in your proposal. Monthly tiers are billed monthly in advance. One-off work, including Foundation Setup (see section 8), is invoiced on completion or per the proposal's agreed milestones.
• Invoices are payable within 14 days. Late payment may pause delivery after a written reminder; we will not switch off your site without telling you first.
• The monthly agreement is month-to-month. There is no lock-in on the monthly tier.

8. Foundation Setup

Your monthly plan covers the level of ongoing support you choose. Your website transfer, refresh, or new build is a separate one-off component, called Foundation Setup. It is priced separately, scoped, and agreed before work begins, and is not included in the monthly tier fee.

• Foundation Setup and your monthly tier are two separate commercial components. Choosing or changing a monthly tier does not change an agreed Foundation Setup price.
• Where we agree a Foundation Setup price, including where you and we agree to stage that payment over time, the agreed balance remains payable in full if you downgrade your monthly tier or cancel before that balance is paid. Downgrading or cancelling a monthly tier does not reduce, waive, or cancel an outstanding agreed Foundation Setup balance.

9. Cancellation

Either side may cancel the monthly service for any reason on 30 days written notice. On cancellation:

• We complete the current month's work.
• We hand back full access and credentials, plus a written handover covering the live configuration and what to maintain.
• No further monthly fees apply beyond the notice period. Any outstanding agreed Foundation Setup balance remains payable, as set out in section 8.

We do not retain a hold on your domain, DNS, content, or any other asset you own.

10. Confidentiality and data

• We treat your business information as confidential and only use it to deliver the service.
• We hold only the technical metadata our tools need to monitor and operate your site. We do not collect or store your customers' personal information unless that is explicitly part of an engagement and disclosed in the proposal.
• Where we use third-party providers (managed hosting, DNS, transactional email, and our own operational database, among others) on your behalf, those providers process data according to their own terms; we will name the providers used in writing on request.

See our Privacy Policy for the full data-handling detail.

11. Intellectual property

• You own your content, brand, and any deliverables you have paid us to produce for you.
• We retain ownership of our internal tooling (monitoring scripts, audit engine, generators, dashboards) and any general-purpose code we create. You receive a perpetual non-exclusive licence to use the deliverable in your business.

12. Limitations and consumer law

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law that cannot be excluded. Subject to those rights:

• Our liability for any claim arising out of the agreement is limited, at our option, to re-supplying the service or refunding the fees paid for the affected month.
• We are not liable for indirect or consequential loss, including loss of revenue, loss of opportunity, or loss arising from a third-party provider's outage or change.

13. Changes to these terms

We may update these terms from time to time. Material changes will be notified to you in writing at least 30 days in advance; you may cancel within that window without notice if you do not accept the change.

14. Disputes and governing law

If anything goes wrong, the first step is a conversation. If we cannot resolve it that way, the agreement is governed by the law of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.