1. About these Terms
1.1. These Hosting and Development Terms and Conditions ("Terms") govern website hosting, managed hosting, cloud infrastructure, development supplied directly by Lucid Solutions, and associated services supplied by Lucid Solutions Pty Ltd (ACN 646 525 242) as trustee for The Lucid Group Trust (ABN 74 429 387 826), referred to as "Lucid Solutions", "we", "us" or "our".
1.2. These Terms apply to customers who purchase or subscribe to hosting, development or related services directly from Lucid Solutions, including customers introduced through third-party agencies, business partners or referral arrangements.
1.3. The services supplied are those described in the applicable quotation, order, service schedule, subscription or other agreement ("Service Agreement").
1.4. These Terms form part of a customer's Service Agreement where they have been properly incorporated and accepted. For hosting quotations, acceptance requires both the customer agreeing to the quotation and making the payment required by that quotation. The applicable Terms must be linked or supplied before acceptance. Neither agreement to the quotation nor payment alone completes this acceptance process. Where a signed Service Agreement expressly conflicts with these Terms, the signed agreement prevails to the extent of that conflict.
1.5. These Terms apply to hosting and associated services supplied by Lucid Solutions and, as set out in section 24, development services supplied directly by Lucid Solutions. They do not automatically govern separate website design, development, marketing or content creation services supplied by another business.
1.6. Nothing in these Terms excludes any responsibility or liability imposed on Lucid Solutions by applicable law.
2. Services Provided
2.1. Depending on the customer's selected service, Lucid Solutions may provide:
- Shared or managed website hosting.
- WordPress and content management system hosting.
- Cloud server and infrastructure management.
- Domain name and DNS management.
- SSL certificate provisioning and management.
- Website backups and restoration services.
- Content delivery network and caching services.
- Website maintenance and technical support.
- Email-related services where expressly included.
- Security monitoring and related technical services.
2.2. The features, storage allowances, bandwidth, resource limits, backup arrangements and support entitlements of each service are specified in the relevant Service Agreement.
2.3. Services not expressly included in the Service Agreement may incur additional fees.
2.4. Unless expressly agreed, hosting services do not include website content creation, copyright clearance, legal compliance audits, accessibility certification, search engine optimisation or continuous editorial monitoring.
3. Customer Accounts and Responsibilities
3.1. Customers must provide accurate account, billing and contact information and keep that information reasonably current.
3.2. Customers are responsible for maintaining appropriate security over their accounts, passwords, website administrator credentials and authorised users.
3.3. Customers must promptly notify Lucid Solutions of suspected unauthorised access, security breaches or misuse of their hosted services.
3.4. Customers must use their services lawfully and comply with the applicable Acceptable Use Policy and any relevant third-party requirements communicated to them.
3.5. Customers are responsible for their website's business operations, content and applicable regulatory obligations, except to the extent that Lucid Solutions has expressly undertaken those responsibilities or is otherwise responsible under law.
4. Website Content and Intellectual Property
4.1. Customers retain ownership of intellectual property rights in content they own and provide for hosting.
4.2. Customers must ensure that content they supply, upload, direct others to publish or independently publish is lawful and that they possess the necessary rights, permissions and licences for its intended use.
4.3. This includes website text, images, videos, graphics, product descriptions, trade marks, software, documents and other digital materials.
4.4. Customers must not knowingly use the hosting services to infringe another person's copyright, trade mark or other intellectual property rights.
4.5. Lucid Solutions does not routinely inspect, verify or approve the intellectual property ownership of every item hosted on its infrastructure.
4.6. Providing hosting infrastructure does not, by itself, constitute authorship, endorsement, approval or verification of customer content.
4.7. Where Lucid Solutions creates, selects, modifies, supplies or publishes content itself, its responsibilities are determined by its actual involvement, the applicable Service Agreement and Australian law.
4.8. Nothing in this section removes responsibility from a website developer, agency, customer or other party for its own acts or omissions.
5. Third-Party Developers and Agencies
5.1. Customers may engage independent designers, developers, consultants or digital agencies to create or maintain websites hosted by Lucid Solutions.
5.2. Where development or content services are supplied under a separate agreement with another provider, that agreement governs those services, subject to applicable law.
5.3. Lucid Solutions is not automatically responsible for independent development or content services merely because the resulting website is hosted on infrastructure it manages.
5.4. Lucid Solutions may provide technical assistance, server access, deployment support or hosting configuration to facilitate third-party development.
5.5. The allocation of responsibility between Lucid Solutions and another provider depends on the actual contractual relationship, authority, conduct and applicable law.
5.6. Customers must ensure that third parties granted access to their hosting environment are appropriately authorised and comply with reasonable security requirements.
6. Copyright and Unlawful Content Complaints
6.1. Lucid Solutions takes credible complaints about copyright infringement, unlawful content and misuse of its infrastructure seriously.
6.2. Copyright and abuse complaints should be submitted in writing to abuse@getlucid.solutions and should, where reasonably possible, identify:
- The allegedly infringing material.
- The relevant website address or URL.
- The rights claimed by the complainant.
- The basis of the allegation.
- Supporting evidence and contact information.
- The action requested.
6.3. Upon receiving a complaint, Lucid Solutions may investigate the matter, preserve relevant records, seek further information and notify the affected customer.
6.4. Receipt of a complaint does not automatically establish infringement or unlawful conduct.
6.5. We may request that the customer investigate the complaint and provide evidence of ownership, licensing, permission or other relevant circumstances.
6.6. Where reasonably necessary and proportionate, Lucid Solutions may temporarily restrict access to disputed material or suspend an affected service while a complaint is assessed.
6.7. In determining appropriate action, we may consider the evidence available, the seriousness of the alleged infringement, applicable legal obligations, the customer's response and the risks to other customers or infrastructure.
6.8. Where practicable, we will notify the customer and provide a reasonable opportunity to respond before restricting services.
6.9. We may act without advance notice where reasonably necessary to comply with a legal requirement or address an urgent security, operational or legal risk.
6.10. Lucid Solutions may preserve relevant evidence, including logs, communications and backups, where lawful and reasonably necessary for investigations, legal proceedings or dispute resolution.
6.11. We are not required to permanently destroy evidence merely because a third party demands its deletion. Any preservation, restriction or deletion will be subject to applicable law.
7. Acceptable Use
7.1. Customers must not use hosting services for unlawful, fraudulent, malicious or abusive purposes.
7.2. Prohibited activities include:
- Copyright or trade mark infringement.
- Distribution of malware or malicious software.
- Phishing, fraud or identity theft.
- Unauthorised access to systems or information.
- Unlawful unsolicited commercial messaging.
- Hosting material prohibited by applicable law.
- Activities that materially compromise network security or stability.
- Deliberate misuse of infrastructure or shared resources.
7.3. We may investigate suspected violations and take reasonable action in accordance with these Terms and applicable law.
7.4. Customers must cooperate with reasonable requests to address security threats, abuse complaints or identified misuse.
8. Hosting Infrastructure and Third-Party Providers
8.1. Lucid Solutions may use third-party infrastructure, hosting platforms, cloud services, registrars, content delivery networks and other technology providers to deliver services.
8.2. These providers may include DigitalOcean, Cloudways, Cloudflare and other providers selected according to operational requirements.
8.3. Infrastructure providers may impose their own acceptable-use requirements, technical limitations and operational restrictions.
8.4. Customers acknowledge that third-party outages, maintenance, network failures and provider decisions may affect service availability.
8.5. Lucid Solutions will use reasonable care and skill in managing the services it contracts to provide.
8.6. We may make reasonable changes to underlying infrastructure, hosting locations or technology platforms to maintain security, reliability, performance or operational efficiency, subject to applicable contractual and privacy obligations.
8.7. Where a material change adversely affects a customer's contracted service, we will provide reasonable notice and applicable remedies.
9. Service Availability and Maintenance
9.1. Lucid Solutions aims to provide reliable hosting services using reasonable operational and technical practices.
9.2. Unless expressly stated in a Service Level Agreement, no specific percentage of uptime or guaranteed restoration period applies.
9.3. Services may be interrupted by scheduled maintenance, emergency repairs, software faults, security incidents, network outages or circumstances beyond our reasonable control.
9.4. Where practicable, we will provide advance notice of planned maintenance likely to materially affect service availability.
9.5. Emergency maintenance may be performed without advance notice where reasonably necessary to protect systems, information or service continuity.
9.6. Any service credits, uptime commitments or specific remedies will be governed by the applicable Service Level Agreement.
10. Backups and Disaster Recovery
10.1. Backup services are provided according to the customer's selected hosting plan or Service Agreement.
10.2. Backup frequency, retention periods, storage locations and restoration arrangements may vary between services.
10.3. Although reasonable care is taken, backups cannot be guaranteed to be available, complete or free from corruption in every circumstance.
10.4. Customers should maintain independent copies of critical website data, business records and other important information.
10.5. Restoration work outside the included service scope may incur additional charges, which will be disclosed before the work is undertaken.
10.6. Where available, restoration may be performed from the most suitable recoverable backup, subject to the applicable service arrangements.
10.7. Backup retention following termination is governed by the applicable Service Agreement, our Privacy Policy and relevant legal obligations.
11. Security and Software Maintenance
11.1. Lucid Solutions implements reasonable technical and organisational security measures appropriate to the hosting services provided.
11.2. Customers remain responsible for the security of website applications, plugins, themes, passwords and software they independently install or manage, except where those responsibilities are expressly included in a managed service.
11.3. Where website maintenance is included, Lucid Solutions will perform the maintenance activities described in the Service Agreement.
11.4. No internet-connected system can be guaranteed completely secure.
11.5. We may temporarily restrict services where reasonably necessary to contain malware, prevent unauthorised access or protect shared infrastructure.
11.6. Customers must promptly cooperate with reasonable security remediation requests.
12. Resource Usage and Fair Use
12.1. Hosting services are subject to the resource allowances and limitations specified in the relevant hosting plan.
12.2. Customers must not use resources in a manner that materially and unreasonably disrupts services supplied to other customers.
12.3. If resource consumption exceeds the agreed allowance or creates a material operational risk, we may contact the customer to discuss corrective action, optimisation or a suitable service upgrade.
12.4. Where reasonably necessary to protect infrastructure, we may apply proportionate temporary restrictions.
12.5. Additional charges or upgrades will not be imposed without an appropriate contractual basis and notice.
13. Fees, Billing and Payment
13.1. Hosting fees are charged according to the applicable quotation, subscription or Service Agreement.
13.2. Unless otherwise stated, prices are expressed in Australian dollars and include GST where applicable.
13.3. Recurring services are billed according to the agreed billing cycle, which may be monthly, annually or another specified period.
13.4. Invoices are payable by the due date shown unless otherwise agreed.
13.5. Customers must notify us promptly of any disputed invoice and provide reasonable details of the dispute.
13.6. Where an invoice remains overdue, Lucid Solutions may issue a reminder and provide a reasonable opportunity for payment before suspending affected services.
13.7. Suspension or termination for non-payment will be proportionate and subject to applicable law.
13.8. Any additional fees, late payment charges or recovery costs must be expressly agreed and comply with applicable law.
14. Renewal and Cancellation
14.1. Recurring hosting services continue for the agreed subscription period and renew according to the applicable Service Agreement.
14.2. Customers may request cancellation by contacting Lucid Solutions through the nominated support or billing channel.
14.3. Any applicable notice period, minimum commitment or cancellation charges must be disclosed in the Service Agreement.
14.4. Unless otherwise agreed or required by law, cancellation takes effect at the end of the paid service period.
14.5. Refunds, where applicable, will be determined by the Service Agreement and the customer's rights under Australian law.
14.6. Customers should arrange the migration or export of required website data before service termination.
15. Suspension and Termination
15.1. Lucid Solutions may suspend or terminate affected services where reasonably necessary due to:
- Serious or repeated breaches of these Terms.
- Unlawful activity or credible material security threats.
- Failure to remedy significant non-payment following appropriate notice.
- A binding court order or other applicable legal requirement.
- An urgent threat to infrastructure or other customers.
- A material breach of upstream provider requirements.
15.2. Where reasonably practicable, we will provide notice and an opportunity to remedy the issue.
15.3. Suspension will be limited to the affected service where reasonably possible.
15.4. We will not suspend unrelated customer services merely as a punitive response to a dispute involving another customer.
15.5. Nothing in these Terms prevents us from taking reasonable emergency action to protect infrastructure or comply with legal obligations.
16. Customer Data and Service Migration
16.1. Customers retain their rights in customer-owned website content and data.
16.2. Upon a valid request, we will provide reasonable assistance with access to or export of customer-owned data, subject to the Service Agreement, applicable fees, security requirements and legal obligations.
16.3. Migration assistance, database exports, DNS changes and technical handover services may incur reasonable charges where not included in the hosting plan.
16.4. After a hosting service ends, live website files, databases and associated bucket storage are retained for 72 hours and then deleted, subject to applicable legal retention and lawful preservation requirements. Backup copies follow the separate retention arrangements described in section 10 and our Privacy Policy.
16.5. Customers should ensure that they have obtained necessary exports and backups before the end of their service.
17. Privacy and Confidentiality
17.1. Lucid Solutions handles personal information in accordance with its Privacy Policy and applicable Australian privacy laws.
17.2. Customers are responsible for their own website privacy notices, collection practices and other legal obligations relating to information they collect.
17.3. Where Lucid Solutions processes personal information on a customer's behalf, additional data processing terms may apply.
17.4. Each party must take reasonable steps to protect confidential information received from the other party.
17.5. Confidential information may be disclosed where reasonably necessary to deliver contracted services, to professional advisers subject to appropriate obligations, or where required or permitted by law.
18. Intellectual Property in Hosting Technology
18.1. Lucid Solutions and its licensors retain ownership of their pre-existing software, tools, infrastructure configurations, systems, scripts, documentation and other intellectual property.
18.2. Customers receive only the rights necessary to use the contracted hosting services during the applicable service period.
18.3. Nothing in these Terms transfers ownership of third-party software or infrastructure to the customer.
18.4. Ownership of custom-developed software or other deliverables is governed by the relevant development agreement.
19. Liability and Australian Consumer Law
19.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
19.2. Lucid Solutions will provide services with the care and skill required by applicable law.
19.3. To the extent permitted by law, liability for losses arising from the services will be assessed according to the applicable agreement, the nature of the breach, causation and any legally enforceable limitations.
19.4. Where permitted by section 64A of the Australian Consumer Law, and where fair and reasonable, liability for a failure to comply with an applicable consumer guarantee for services not ordinarily acquired for personal, domestic or household use may be limited to supplying the services again or paying the cost of having the services supplied again.
19.5. Any additional limitation of liability must be expressly stated in the applicable Service Agreement and is subject to applicable law.
19.6. Nothing in these Terms excludes liability for fraud, deliberate misconduct or any other liability that cannot lawfully be excluded.
20. Customer Indemnity
20.1. To the extent permitted by law, the customer agrees to indemnify Lucid Solutions against reasonable third-party claims, losses and expenses caused by:
- Unlawful content supplied or independently published by the customer.
- The customer's infringement of third-party intellectual property rights.
- Material breaches of these Terms by the customer.
- Unlawful or unauthorised use of hosting services by the customer.
20.2. The indemnity applies only to the extent that the relevant loss was caused or contributed to by the customer's conduct.
20.3. The indemnity does not apply to the extent that loss was caused or contributed to by Lucid Solutions' negligence, breach of contract, unlawful conduct or other wrongful acts.
20.4. Lucid Solutions will take reasonable steps to mitigate losses and notify the customer of relevant claims where practicable.
21. Changes to Services and Terms
21.1. Lucid Solutions may update these Terms to reflect changes in services, technology, operational requirements or applicable law.
21.2. Updated Terms will be published with a revised effective date.
21.3. Publication of updated Terms does not automatically amend existing contracts where agreement or another valid contractual mechanism is required.
21.4. We will give written notice of changes to these Terms affecting an ongoing service, including the changes and their effective date. The changes take effect 30 calendar days after we give that notice. Continued use of the affected service after that date constitutes acceptance of the changes, to the extent permitted by applicable law and the customer’s existing Service Agreement. Publication alone does not start this notice period or override any required consent or other contractual change process.
21.5. Where a material change substantially disadvantages a customer, the customer may have the right to terminate the affected recurring service before the change takes effect, subject to applicable law and the Service Agreement.
22. Complaints and Dispute Resolution
22.1. Customers may submit service complaints or disputes in writing to complaints@getlucid.solutions.
22.2. A business day means Monday to Friday, excluding Queensland public holidays. Business-day timeframes use Brisbane time (Australia/Brisbane). We acknowledge service complaints within one business day of receipt and provide an update within three business days of receipt. The update is not necessarily a final response or confirmation that the investigation is complete. We investigate complaints in good faith and provide a substantive response within a reasonable period, taking account of the circumstances and applicable requirements.
22.3. Both parties agree to make reasonable efforts to resolve contractual disputes through direct communication before commencing proceedings, where appropriate.
22.4. Nothing in this clause prevents either party from seeking urgent legal relief or exercising statutory rights.
23. Governing Law
23.1. These Terms are governed by the laws of Queensland, Australia.
23.2. The parties submit to the jurisdiction of courts competent to determine disputes arising under these Terms, subject to applicable statutory rights.
24. Development Services Supplied Directly by Lucid Solutions
24.1. For development services supplied directly by Lucid Solutions, the accepted quotation, project agreement or statement of work ("SOW") identifies the deliverables, scope, responsibilities, assumptions, exclusions, milestones and fees. Unless otherwise agreed in writing, the SOW is confirmed by email approval from the customer or its authorised representative. Work outside that agreed scope requires a documented variation setting out any effect on fees, deliverables and timing before it is undertaken, except where another valid agreed mechanism applies.
24.2. The customer must provide reasonably required instructions, access, content, decisions and approvals within the agreed timeframes. Lucid Solutions will notify the customer of material dependencies or delays it becomes aware of and discuss reasonable adjustments. Delivery estimates are subject to the agreed scope, dependencies and any express contractual commitments; nothing in this section displaces rights imposed by law.
24.3. Customers are responsible for the rights and permissions in content they supply or direct Lucid Solutions to use. Where Lucid Solutions creates, selects, sources, modifies or publishes content itself, its responsibilities are assessed according to its own involvement, the project agreement and applicable law. Customer approval does not automatically transfer responsibility for Lucid Solutions' own wrongful acts. Third-party assets and software remain subject to their applicable licences, which must be identified where relevant to the customer's intended use.
24.4. Unless otherwise agreed in writing, completed development work is made available for customer testing in a staging environment and reviewed against the approved SOW. The customer confirms acceptance by email approval from the customer or its authorised representative. The project agreement should specify any project-specific review and testing arrangements, acceptance criteria and how defects or requested changes are handled. The customer should identify material non-conformities against the agreed scope with reasonable detail. Lucid Solutions will assess and address matters for which it is responsible under the project agreement and applicable law. New features and changes outside the agreed scope are handled as variations. Silence or use alone does not establish acceptance or a waiver of statutory rights unless a valid, expressly agreed mechanism applies.
24.5. Ownership and permitted use of custom deliverables, source code and other project materials are determined by clauses 24.9 to 24.12 and the applicable project agreement. The project agreement must identify which ownership arrangement applies and the materials covered. No assignment of intellectual property is inferred solely from hosting a website or paying a hosting invoice. Lucid Solutions and its licensors retain their pre-existing tools, frameworks and materials, subject to any licences granted in the project agreement. The agreement should identify the customer rights needed to use the delivered work, any payment conditions on transfer or licensing, third-party restrictions and handover obligations.
24.6. The project agreement specifies deposits, milestone payments, invoicing, due dates, recurring third-party costs and any agreed cancellation or handover arrangements. Additional charges require an appropriate contractual basis and disclosure. If a project is paused or cancelled, fees, work in progress, materials supplied, refunds and handover must be dealt with under the project agreement and applicable law; no blanket forfeiture or additional cancellation charge is created by this section.
24.7. Delivery of a development project does not by itself include indefinite hosting, updates, monitoring, backups, content changes or support. Included maintenance, defect support and ongoing services must be described in the relevant agreement. Lucid Solutions remains responsible for obligations it has undertaken and any non-excludable legal obligations. Responsibility for third-party updates and customer-installed software should be expressly allocated without suggesting any system is guaranteed completely secure.
24.8. Any suspension or termination of development services must have a contractual or legal basis and be reasonable and proportionate. Where practicable, Lucid Solutions will provide notice and a reasonable opportunity to address remediable issues. Lawful access to customer-owned materials, evidence preservation, applicable fees and agreed handover must be considered. The Australian Consumer Law protections and limits on exclusions in these Terms continue to apply.
24.9. Except where expressly agreed otherwise in the applicable project agreement, Lucid Solutions retains intellectual property rights in custom code, forms, workflows and other solutions that it designs, devises or creates to implement a customer's business rules or achieve an agreed result. Providing business requirements or business rules alone does not transfer ownership of a Lucid-designed solution to the customer.
24.10. Where the customer supplies the design and detailed scope of the work, and Lucid Solutions' role is limited to implementing and maintaining that work, the agreed custom project deliverables are customer-owned. The project agreement must identify those deliverables, and Lucid Solutions will document any assignment needed to give effect to that arrangement in the project agreement or a separate written instrument. This does not transfer Lucid Solutions' pre-existing tools, frameworks or components, or third-party intellectual property.
24.11. Lucid-owned code may be transferred to, hosted by or used with another provider only under an ongoing paid subscription licence agreed with Lucid Solutions. Continued use outside Lucid-managed services is conditional on that subscription licence remaining in effect. The licence agreement must specify the fees, permitted use, maintenance or modification rights, and termination arrangements.
24.12. Without the subscription licence described in clause 24.11, Lucid-owned code remains with Lucid Solutions and is excluded from migration or handover to another provider. This restriction does not apply to customer-owned code, customer-supplied designs, or customer-owned website content and data. Their handover is not conditional on purchasing a licence to Lucid-owned code and remains subject to the applicable arrangements in section 16 and the project agreement. Customer-owned materials may be handed over separately from Lucid-owned components.
24.13. Unless otherwise agreed in writing, included post-delivery defect support covers defects against the approved SOW reported within seven calendar days after the work goes live in production. Fixing qualifying defects reported within that period is included in the project price at no additional charge, even if the fix is completed after the reporting period. The seven-day period is a reporting window, not a guaranteed resolution deadline. New features and changed requirements remain variations under clause 24.4. This period does not limit statutory rights or remedies that cannot lawfully be excluded, or other defect-remediation obligations expressly undertaken in the project agreement.
25. Contact Information
Lucid Solutions Pty Ltd
As trustee for The Lucid Group Trust
ABN: 74 429 387 826
ACN: 646 525 242
Registered office: 2 Boree Street, Ashmore QLD 4214, Australia
Postal address: PO Box 3118, Helensvale Town Centre QLD 4212, Australia
Website: https://getlucid.solutions
Email: hello@getlucid.solutions
Related policies
- Privacy Policy
- Acceptable Use Policy
- Copyright and Abuse Complaints Procedure
- Applicable Service Level Agreement, where offered
These documents should be read together with the customer's accepted quotation, subscription or Service Agreement.