Welcome to the Site Digital website, owned and operated by Rainbow Sites Pty Ltd (ABN: 84 668 074 459). These terms of use constitute a legal agreement (“this Agreement” or “these terms”) that governs your use of the Site Digital website (“the Site”) and the products and services (“Services”) offered on the Site.

By accessing or using the Site and its Services, you agree to be bound by these terms. If you do not agree to these terms, please refrain from indicating your acknowledgement and agreement, and do not use the Site or its Services. Your acknowledgement and agreement to these terms will be demonstrated by applying for or using the Services, making a purchase, an affiliate or becoming a customer, whichever occurs first. Throughout these terms, “we,” “us,” and “our” refer to Rainbow Sites Pty Ltd and its trading names, including Site Digital, unless explicitly stated otherwise. In these terms, references to “you,” “customer,” “user,” “your,” etc., pertain to any person who utilizes the Site or any Services provided by us. The term “Services” includes any product, license, package, or account offered by us. The term “Days” refers to calendar days unless otherwise specified. The term “Spam” denotes the distribution of unsolicited bulk and/or commercial electronic messages over the Internet. The term “Supplier” or “Registry Operator” refers to any third party whose product or service we resell or offer to you.

1.1 Representations you make about yourself:

The Site and the Services provided on it are available only to users who can enter into legally binding contracts under applicable law. By accessing this Site, applying for Services, renewing, transferring, taking ownership, or using any Services offered on this Site, you irrevocably undertake, represent, warrant, and agree to the following:

• You are at least 18 years of age, and if we discover that you are under 18 at the time of entering into this Agreement, we may terminate it immediately without providing a refund.
• As a Registered Name Holder, you will provide accurate and reliable contact details to the company registrar (“Registrar”) and promptly update them throughout the duration of your Registered Name registration. This includes providing the full name, postal address, email address, voice telephone number, and fax number (if available) of the Registered Name Holder. If the Registered Name Holder is an organization, association, or corporation, you will provide the name of an authorized person for contact purposes.
• If you act on behalf of a corporate entity, you have the legal authority to bind that entity to these terms. In such cases, the terms “you,” “your,” “User,” or “customer” in this Agreement refer to the corporate entity. If it is discovered that you lacked the legal authority to bind the corporate entity, you will be personally responsible for the obligations outlined in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication that we reasonably believe to be genuine and from an authorized representative of your corporate entity. If there is doubt about the authenticity of such information, we reserve the right to require additional authentication from you.
• You will not permit any other person to use your username to access the Services, nor will you disclose your password to anyone. If your password becomes known to others, you will inform us immediately. We may require you to change your password if necessary.
• You agree to indemnify us for any expenses, costs, damages, penalties, imposts, and other liabilities we may incur as a result of your transmission, receipt, or use of any information facilitated by or connected with the provision of Services to you. This includes liabilityfor any breach of copyright or other intellectual property rights.

1.2 Terms governing your account:

To access certain features of the Site or use specific Services, you must create an account (“Account”). By creating an Account, you represent and warrant that all information you provide is accurate, current, and complete. You also agree to keep your Account information accurate, current, and complete. If we have reason to believe that your Account information is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your Account.

You are solely responsible for all activities that occur on your Account, whether authorized by you or not. It is your responsibility to ensure the security of your Account information, including your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend changing your password and shopper PIN at least once every three (3) months for each Account you have with us. You must immediately notify us of any security breach or unauthorized use of your Account. We will not be liable for any loss you incur due to unauthorized use of your Account. However, you may be liable for any loss incurred by us or others caused by your Account, whether by your own actions, actions of an authorized person, or actions of an unauthorized person.

Regarding domain name services provided by us, the wilful provision of inaccurate or unreliable information by a Registered Name Holder, failure to promptly update information provided to the Registrar, or failure to respond to inquiries from the Registrar about the accuracy of contact details associated with the Registered Name Holder’s registration for over fifteen (15) calendar days shall be considered a material breach of the Registered Name Holder-registrar contract and may lead to cancellation of the Registered Name registration

If a Registered Name Holder intends to license the use of a domain name to a third party, the Registered Name Holder remains responsible for providing accurate contact information and maintaining updated technical and administrative contact information to resolve any issues related to the Registered Name. The Registered Name Holder accepting this provision accepts liability for any harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the current contact information provided by the licensee and the licensee’s identity to a party providing reasonable evidence of actionable harm.

1.2.1 Registrar’s notice to Registered Name Holders

Registrar shall provide notice to each new or renewed Registered Name Holder regarding the following:

1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended.

1.2.1.2 The intended recipients or categories of recipients of the data, including the Registry Operator and others who will receive the data from the Registry Operator.

1.2.1.3 Which data are obligatory and which data, if any, are voluntary

1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1.

1.2.1.6 The Registered Name Holder shall represent that notice equivalent to that described in Subsection 1.2.1 has been provided to any third-party individuals whose Personal Data are supplied to the Registrar by the Registered Name Holder. The Registered Name Holder shall also represent that consent equivalent to that referred to in Subsection 1.2.1.5 has been obtained from any such third-party individuals.

1.2.1.7 Registrar shall agree not to process Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and limitations provided in the notice to the Registered Name Holder, as mentioned in Subsection 1.2.1

1.2.1.8 Registrar shall take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction

1.2.1.9 The Registered Name Holder shall represent that, to the best of their knowledge and belief, the registration of the Registered Name and its use do not infringe the legal rights of any third party.

1.2.1.10 For the resolution of disputes related to the use of the Registered Name, the Registered Name Holder shall submit to the jurisdiction of the courts in their domicile and the jurisdiction where the Registrar is located, without prejudice to other potentially applicable jurisdictions

1.2.1.11 The Registered Name Holder agrees that the registration of the Registered Name may be suspended, canceled, or transferred according to ICANN adopted specifications or policies, or based on procedures established by the Registrar or registry. This may occur to correct registration mistakes or to resolve disputes related to the Registered Name

1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator, its directors, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising from the Registered Name Holder’s domain name registration.

If you access this Site from a country different from where our servers are located, please be aware that your communications with us may involve the transfer of information, including your Account information, across international borders. By visiting this Site and engaging in electronic communication with us, you expressly consent to such transfers.

1.3 Structure of Terms

These terms are structured to include clauses that apply to all Services (referred to as “general clauses”) and clauses that specifically apply to particular Services. Unless otherwise specified, references to any clause include the subsection within that clause. For example, a reference to clause 1 includes subsection 1.3, while a reference to clause 1.2 excludes subsection 1.3.

In these terms, the general clauses encompass clauses 1 to 15, while the remaining clauses indicate their applicability to specific Services. Please note that some of the remaining clauses may not apply to you if you have not purchased or used those particular Services. However, if you have acquired a specific Service and there is an inconsistency between a general clause and the clause that applies to that Service, the clause applicable to the particular Service shall take precedence.

2 Acceptable Use & General Conduct:

By using our service and Services, you irrevocably agree that it is your responsibility to:

• Utilize our service and Services in compliance with all applicable laws and regulations.
• Respect the rules and conventions of the newsgroups, lists, and networks you participate in.
• Adhere to the legal protections granted to materials accessible through our Services, including copyright, trademarks, and license rights.
• Respect the privacy of others.
• Avoid actions that interfere with or disrupt other network users, services, or equipment.
• Refrain from engaging in activities that waste resources or prevent other users from benefiting fully from our Services.
• Ensure that your use of our Services is ethical and aligns with accepted community standards.

It is strictly prohibited to use our Service(s) for the following activities, and you irrevocably agree not to use our Service(s) for:

• Violating copyright or other intellectual property rights by publishing material that infringes on any third party’s rights.
• Illegally storing, using, or distributing software.
• Transmitting threatening, obscene, or offensive materials.
• Engaging in electronic stalking, harassment, or using abusive or aggressive language.
• Misrepresenting or defaming others.
• Committing fraud.
• Gaining unauthorized access to computing, information, or communication devices or resources, including those accessible via the Internet.
• Damaging, modifying, or destroying files, data, passwords, devices, or resources belonging to us, other users, or third parties.
• Engaging in misleading or deceptive online marketing practices.
• Conducting any business or activity that is prohibited by law.
• Making unauthorized transmissions of confidential information or trade secrets.
• Sending spam or engaging in spamming activities, such as unsolicited commercial activities.
• Engaging in the dissemination of obscene speech or materials, including child pornography or offensive sexual content.
• Posting or transmitting defamatory, harassing, or threatening language.
• Creating, distributing, or providing information/data related to internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial-of-service attacks.
• Facilitating a violation of this clause and the applicable Acceptable Use Policy.
• Undertaking any action through the utilization of our Services that we consider unsatisfactory.
• Running proxy services or any related proxy activities.
• Exceeding 100,000 inodes (each file on your hosting account uses 1 inode) or causing file system damage through the rapid creation of a large volume of files.

Furthermore, you agree not to attempt the following:

• Using 25% or more of system resources for more than 90 seconds. This includes activities such as CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
• Utilizing more than 512MB of RAM.
• Establishing or generating more than 100 website connections or active processes.
• Consuming more than 1MB/s ofdisk IO.
• Running any interactive real-time chat applications that require excessive server resources. Remote-hosted services are permitted.
• Running standalone, unattended/automated server-side processes on the server, including daemons like IRC (Internet Relay Chat).
• Running gaming servers or related services.
• Using hosting services for storage unrelated to the displayed website. Online file repositories are expressly prohibited.
• Storing more than one full backup of your web space at any given time. Backups created using the hosting manager are acceptable, while other backup files will be automatically deleted after one month.
• Executing any script for longer than 180 seconds.
• Executing any database query that takes longer than 30 seconds to complete.
• Creating or maintaining over 1,000 tables per database.
• Creating or maintaining over 1GB of storage per database.
• Engaging in any activity that causes the server to crash or restart.
• Checking email more frequently than every 3 minutes.
• Enabling error logging/debugging for more than 15 minutes at a time, creating over 500 debug/log files per day, or using over 1GB of disk space for debug/log files.

You agree that we may, at our discretion and upon order of any law enforcement agency, disclose information related to your account and use of our services. We also reserve the right to report any action that violates this agreement or any local, state, federal, or international laws. We cannot be held liable for any consequences resulting from our actions.

You must comply with all applicable laws at all times. You also irrevocably agree that a violation of state, federal, or international laws constitutes a breach of this Agreement.

In the event of a breach of this clause, we may suspend or terminate your services immediately, resulting in the loss of all data stored on our provided services. By accepting these terms, you release us, our staff, and our suppliers from any liability arising from such instances.

3 Liability & Indemnity:

You expressly and irrevocably agree to indemnify, defend, and hold us harmless from any claim brought against us by a third party resulting from the provision or use of our Services. You agree to indemnify us for all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), and liabilities incurred as a consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THIS AGREEMENT. EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS AGREEMENT, WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES, OR EMPLOYEES SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HERE.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages, and claims arising from the provision or use of our Services or this Agreement shall be limited to the charges paid by you to us for the specific Services that are the subject of such claim. You agree to defend, indemnify, and hold us harmless from the following, non-exhaustive examples:

• Loss of business, contracts, profits, or anticipated savings.
• Indirect, consequential, or economic losses of any kind.
• Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, or any service interruption not caused by us.
• Injury to a person or property allegedly caused by any products sold or distributed in connection with our services.
• Negligence, misconduct, or breach of this agreement by you.
• Incomplete, inadequate, or problematic use of any services by you.
• Omission or failure by you to obtain appropriate advice, including legal advice, regarding any services or this agreement before making a purchase.
• Incomplete, inadequate, or lack of knowledge and experience necessary for the use of any services.
• Allegations that your account infringes on a third party’s copyright, trademark, or intellectual property rights or misappropriates a third party’s trade secrets based on the information you have provided us.
• Damages, including but not limited to indirect, special, incidental, consequential, or exemplary damages allegedly arising from or in connection with this agreement or our services.

You understand that if we are notified of pending legal action, we may request written confirmation from you regarding your obligation to indemnify us under this agreement, as per these terms. Failure to provide such confirmation may be considered a further breach of this agreement.

To the extent that any legislative provision (“Act”) falling under the governing law of this agreement deems it unlawful to exclude, restrict, or modify any condition, warranty, or other obligation in relation to this agreement and our services, nothing in this agreement shall exclude, restrict, or modify such non-excludable condition, warranty, or obligation. To the fullest extent permitted by law, where a non-excludable condition, warranty, or obligation benefits you under an Act falling under the governing law of this agreement, our sole liability for any breach of such condition, warranty, or obligation, including any consequential loss you may incur, shall be limited (except as otherwise provided by law) to the maximum extent permitted by law.

4 Fees:

The fees for our services can be found on our website. We reserve the right to change the fees at any time, but such changes will not apply retroactively.

The charges for a service are those published at the time you request the service. Special, promotional, or bundled pricing may have limitations based on a per year/member/email address basis. The prices displayed after logging into your account and prior to payment will indicate your eligibility for such pricing. By using our services, you agree to pay for all the services you request and/or use. The charges you pay are non-refundable, unless we have expressly stated otherwise.

If you fail to pay or if your payment is not honoured, your application will be voided, and we will no longer be responsible for providing the applied-for services. You are solely responsible for renewing any services you have with us. While we may choose to send notification of expiry at our discretion, it is ultimately your responsibility to ensure that your electronic contact address is valid, active, and correct. You acknowledge and agree that we cannot and will not be held responsible for any loss, suspension, or termination of services due to your failure to renew.

5 Payment:

By using our services, you irrevocably agree and authorize us to directly debit any outstanding payment from the credit card account details you provided during registration, in case the payment is not received by the due date.

If you fail to make a payment owed to us, we are entitled to recover all costs, fees, and charges (including legal costs) incurred in collecting the amounts owed, and we may charge an administration fee for any dishonored checks.

If we do not receive the renewal payment prior to the expiry date, we reserve the right to suspend services immediately without notice. We may offer a 30-day grace period during which we will retain your information and data on our servers. If the payment is not received by the end of this grace period, we reserve the right to permanently delete all data associated with your account without any liability.

5.1 Merchant Facilities:

Our merchant facilities are provided and serviced by Rainbow Sites Pty Ltd.

5.2 Pricing:

All pricing displayed is exclusive of applicable taxes and surcharges. It does not include phone and internet access charges, as well as other data transmission charges. Any applicable amounts will be included in the total amount shown on the final screen before completing the order. By proceeding with the order completion, you irrevocably agree and authorize the displayed amount to be either charged to the selected payment method or processed by you as a manual payment (e.g., bank transfer).

5.5 Applicable Taxes:

As mentioned earlier, taxes may be applied to your order if they are deemed applicable. This can be based on factors such as your geographical location, the nature of your order (business or personal), and the specific product or service you are ordering. Applicable taxes can be imposed regardless of the selected currency. Depending on the circumstances mentioned above, you may be required to provide additional information regarding your account and the associated details of the account and the products or services being provided.

If you indicate or it is determined that you are operating as a business, company, or corporation, you will be responsible for self-assessing and paying the applicable taxes at the standard regional rates, as required by local legislation. Upon request, you may be required to provide information such as your entity name, applicable tax ID, and the nature of your business, either during or after the account application process.

If you indicate or it is determined that you are using the account for personal use, your account and orders may be subject to applicable taxes at the current local rate mandated by your local legislation. If you indicate that your account is personal, we reserve the right to review and assess your account, and if necessary, change your account status to business at our discretion. We may contact you to inform you of this change and request additional information about the nature of your account, although we are not obligated to do so.

In accordance with applicable legislation, it is your responsibility to ensure that you meet all tax requirements. We cannot provide advice regarding applicable taxes, and if you have any doubts or inquiries, you should consult your tax advisor or the relevant revenue commissioner.

You can contact us at any time to discuss the nature of your account or make changes through your Account Manager. We reserve the right to review the information provided or request additional information if necessary. By changing the status of your account, you may be eligible for an account credit if taxes were incorrectly applied, but we are not obligated to provide such credits. Any applicable taxes will be clearly indicated before the payment process and will be included in completed invoices.

5.6 Automatic Renewal Service Agreement:

Your purchase includes enrolment in our automatic renewal service. This service ensures that your products and services remain active by automatically charging the current renewal fees to your designated payment method shortly before they are set to expire. No further action is required on your part. We may choose to notify you about the upcoming auto-renewal through the contact details on file, but we are not obligated to do so. You can cancel this service at any time by disabling the auto-renewal feature in your Account Manager. Simply click on ‘Setup Auto Renewal’ and remove the domain name, product, or service from the list. You may also receive a notice via email before the auto-renewal process. Any cancellations of auto-renewal must be made at least one calendar day before the auto-renewal date. By opting in or not opting out of the auto-renewal service, you agree to be bound by all applicable terms, conditions, policies, and procedures regarding the renewed product or service as published in this document.

5.7 Term:

The initial term of the Services you purchase will be based on the time period specified in the registration form presented to you during the ordering process (the “Initial Term”). Unless you cancel prior to the end of the Initial Term as outlined in clause 5.6, the Services will automatically renew for successive periods of the same length as the Initial Term (each referred to as a “Renewal Period”). Please note that certain Services, as described in clause 5.8, may require a minimum term commitment specified in a separate quotation signed by you (the “Minimum Term”). If you purchase a Servicewith a Minimum Term, you agree to maintain the services for the entire duration of the Minimum Term.

The “Term” of this Agreement includes the Initial Term, any applicable Minimum Term, and any subsequent Renewal Periods.

5.8 Early Termination Fee (Applicable to Web Hosting, Websites, Server Products, and SEO):

If you purchase a Service with a Minimum Term and you terminate the Agreement before completing the Minimum Term, unless otherwise permitted under this Agreement, we may charge you an early termination fee equal to the Fees due for the remaining whole months in the Minimum Term at the time of termination (the “Early Termination Fee”). Please review your quotation for further details.

5.9 Termination:

If your Service is not subject to a Minimum Term, you may terminate or cancel the Services you have purchased by providing us with written notice. The cancellation request will be subject to verification of ownership of the account and/or domain, as determined at our sole discretion. In the event of cancellation, you will be obligated to pay all fees and charges accrued prior to the effective date of cancellation, subject to the terms of the applicable sixty (60) day money-back guarantee, if applicable.

6. Payment Chargebacks:

You irrevocably agree that:

• You are not entitled to initiate a payment reversal (chargeback) in your favor.
• We may hold you responsible for the transaction, contest the chargeback, and charge you reasonable costs for doing so.
• We have the right to suspend and/or cancel your service and deny you any further services until all applicable costs have been paid.
• If the above costs are not paid, we reserve the right to engage the services of a debt collection agency, and
• You will be responsible for collection costs in addition to the applicable costs if we exercise the right to engage a debt collection agency and the above costs are not paid.

7. General Privacy Policy:

This policy governs the use and disclosure of personal information of our users and outlines how users can access that information. It applies under the assumption that:

• You provide us with all the information marked as compulsory on the relevant application forms.
• You warrant that all information provided to us is complete, accurate, and up-to-date at all times.

Please visit our privacy policy here.

8. Notification

You irrevocably agree that we may provide notification or communication to you through the following methods:

• Sending an email containing the notice or hyperlink to a webpage with the notice to the most recent electronic contact address you provided.
• Faxing or calling the most recent number you supplied.
• Sending the notice via ordinary mail or hand delivery to the most recent postal address you provided.
• Using any other method permitted by law.

That you will be deemed to have received any notification or communication as follows:

• If it is emailed (or a hyperlink is provided): one hour after it leaves our mail server.
• If it is faxed: upon successful delivery as indicated by the delivery record from the machine.
• If it is mailed: at 10 AM on the second business day after it is posted.
• If it is hand-delivered: at the time of delivery.
• If any other method is used: at the time it would have been delivered in the normal course of that method.

9. Right to Deny:

In addition to other options available to us, we may, at our discretion and without notice, refuse to supply, cancel, suspend, or transfer any service if we believe it is necessary to protect the integrity, stability, and security of our company, the Site, or our affiliates/agents. We may also do so at the request of any law enforcement agency or to comply with any applicable dispute resolution process. Furthermore, we may take such action to avoid potential civil or criminal liability on our part.

10. Amendments to Agreement:

We, at our sole and absolute discretion, may change or modify this Agreement, as well as any further agreements incorporated herein, at any time. We will make reasonable efforts to notify you of any amendments that affect this Agreement by sending an email to the most recent electronic contact address you provided or by any other effective means we determine. Such amendments will be effective at the time specified in the notice or, if no specific time is indicated, immediately upon posting on this Site. Changes to this Agreement will be indicated by a “Last Revised” date at the bottom of this page. Your continued use of the Site and its Services will indicate your acceptance of these revised conditions. If you do not agree to be bound by any changes or amendments, or the last revised version of this Agreement, you should discontinue using the Site and its Services.

Please refer to the latest revised version of this Agreement posted on our Site before renewing any services or purchasing, registering, applying for, or subscribing to any new Services offered by us. The latest revised version will apply to any Services upon renewal or when applying, registering, purchasing, or transferring new services, whichever occurs first. If you do not agree to be bound by the last revised version of this Agreement, you should discontinue using the Site and its Services, refrain from renewing existing Services, and/or avoid acquiring new Services, as applicable.

11. Waiver:

A waiver by us of a provision or right under this agreement is binding on us only if it is provided in writing and signed by our authorized officer. Such waiver is effective only for the specific instance and purpose for which it was given. The failure to exercise or delay in exercising a right under this agreement does not prevent us from exercising the same right at a later time or operate as a waiver of our rights in that matter.

12. Further Assurance:

At our request, you must promptly execute and deliver any further documents and perform any additional acts that are reasonably necessary to fulfill your obligations under this agreement.

13. Reasonable Control:

We are not responsible for any delay in performing or failure to perform any obligation to you resulting from any matter beyond our reasonable control.

14. Applicable Law and Entirety of Agreement:

You expressly and irrevocably agree that:

• This Agreement is governed by the laws of Australia, and it represents the entire understanding and agreement between the parties, superseding all prior agreements (written and oral), understandings, and representations, unless otherwise stated in this Agreement.
• We may amend these terms at any time in accordance with clause 10, and such amendments will become effective in accordance with that clause. If you continue to use the services after the amendments take effect, you are deemed to have agreed to be bound by those amendments. It is your responsibility to periodically review our website to determine whether these terms have been changed.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Domain Name Terms

Clause 21: Definitions

The following terms in this clause are related to the Domain Name Product and are defined as follows:

1. Registrant: The current licensee of a domain name.
2. auDA: .au Domain Administration Limited ACN 079009340.
3. auDA policy: Any policy listed by auDA. Visit https://www.auda.org.au for more information.
4. Domain name license: A license for the use of a specific domain name.
5. Domain name license terms: The terms and conditions that apply to a domain license.
6. gTLD: Generic Top Level Domain. Refers to domains that end in .com, .net, .org, .info, or .biz.
7. New gTLD: New generic Top Level Domain. Refers to any recently introduced domain available for sale by the Registrar.
8. ICANN: Internet Corporation for Assigned Names and Numbers.
9. Member: A person who registers as a member and receives a member ID.
10. Published Policies: The specifications and policies established and published by auDA. Find them at https://www.auda.org.au/policies/
11. Registrar: An entity responsible for providing domain name licenses.
12. Registrar of record: The entity through which a specific domain name is licensed.
13. Registration fee: The current charge for a domain name license.
14. Registration period: The duration for which a domain name license remains valid.
15. Registry operator or Registry: The entity that issues domain name licenses and maintains their records.
16. Renewal fee: The current charge for renewing a domain name license.
17. Registrant Transfer: The transfer of a domain name license from one registrant/member to another, also known as a transfer of ownership.
18. Registrar Transfer: The transfer of a domain name license from one registrar to another.
19. Nominet: The domain name administration body for .uk domain names (Nominet UK – Company Number 3203859).
20. Nominet: The domain name administration body for .uk domain names (Nominet UK – Company Number 3203859).
21. NZRS: New Zealand Domain Name Registry Limited.

21.1 Representations by us:

We do not manage any aspect of the domain name systems or grant domain name licenses. These functions are maintained by the relevant registries, which operate independently and beyond our control.

We act as a reseller of domain name Registrars, providing End Users with access to Registrar services.

The obligations of the domain name Registrar include:

• Arranging domain name licenses on behalf of the relevant registry operators, according to their rules, license terms, policies, and other requirements specified by them and their governing bodies.
• Carrying out limited functions on behalf of the registry operators.
• Serving as a registrar of record.
• Providing online facilities for domain name management.
• Offering related services.

This document contains the terms and conditions that govern the relationship between you, us, and the services provided by the Registrar.

By submitting an application for a domain name license, or by renewing or transferring a domain name license to us, you acknowledge and represent that you have read this agreement, including Clause 21, and that you have identified the relevant registry and its applicable policies for the TLD (Top Level Domain) you are requesting. Please note that registry policies may change over time, and we cannot guarantee the accuracy, completeness, or timeliness of the list we provide.

As long as we remain the registrar of record for a domain name, a service agreement exists between us and the registrant, subject to the terms of this agreement and those imposed by the registry operators and their governing bodies.

21.1.1 Application of these Terms in respect of representations:

You acknowledge and agree that:

• Any representations made on other pages of the Site are subject to the terms and clarifications specified in this Agreement.
• You can only expect services in accordance with the terms of this Agreement.
• In case of any inconsistency between the representations on other pages of the Site and this Agreement, the terms of this Agreement shall prevail, and your expectations of the service should be limited to the representations in this Agreement.
• You must ensure that the product is appropriate and compatible with your needs, and provide a valid and accurate domain name.

21.2 Refunds:

21.2.1 Agreement

You expressly and irrevocably agree that:

• It is your responsibility to maximize the utilization of services.
• You must ensure that the services you are purchasing are appropriate and compatible with your needs before making the purchase.
• We are not obligated to provide refunds or account credits for functional services that meet the provided description and acceptable quality. However, we reserve the right, at our discretion and subject to these terms, to offer an account credit or a refund in certain circumstances. This request must be filed within 72 hours, which is considered a reasonable “rejection period” from the date of the purchase application.
• Account credits can only be redeemed through the purchase of any available service(s) on our website.
• Refunds or indemnification for the cost of domain name services cannot be provided. These services are often sold at cost price.
• Downgrading an account upon request will not result in a refund or account credit if it is outside the 72-hour rejection period and the provided service is functional, as described, and of acceptable quality.
• Deposit/cheque order cancellations will either result in a credit applied to your account or a surcharge deducted from the refunded amount.
• Overpayments made through direct deposit will be returned either as a full account credit or via transaction reversal minus a surcharge.
• We take no responsibility for any application mistakes made based on our staff’s advice or your sole decision.
• If you make any claims related to services and have breached your agreement with Clause 21.1 of these Terms, you are liable for the costs we incur, including legal costs on a full indemnity basis.

21.2.2 Process of claiming a refund:

To claim a refund or account credit, you must clearly request it (providing reasons) via email within 72 hours from the date the service was provisioned as indicated in the invoice creation date or within 72 hours of the dispute occurrence. It is your responsibility to ensure that we receive your email within this timeframe. We will respond to your request within a fortnight, but it may be sooner. Please note that your eligibility for a refund or account credit is subject to the terms specified in Clause 21.2.1 of this Agreement.

Account credits cannot be refunded or converted into cash credits under any circumstances. They can only be redeemed by purchasing any available service(s) on our website.

21.3 Suspension & cancellation:

You expressly and irrevocably agree that we reserve the right to suspend or cancel any or all services if:

• You have any outstanding invoices or accounts.
• Your account is in dispute, undergoing a dispute resolution procedure, court order, judgment, findings, or determination.
• You fail to comply with any provision in this agreement or those referenced within it.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity that breaches a third party’s rights.
• We believe that your use of our services may jeopardize the operation of the service, us, or our suppliers.
• We have any other satisfactory reason to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to Clause 21.2 of this Agreement.

If your account is cancelled under this agreement:

• You must immediately settle all outstanding charges.
• Any licenses issued to or by you in relation to the services will be revoked or terminated as of the cancellation date.
• All data held prior to cancellation may be deleted immediately.
• We may take any necessary actions without providing prior notice.

21.4 Registry requirements:

Most registry operators have terms and conditions, policies, and requirements governing the registration, renewal, dispute resolution, and transfer of domain name licenses. As stated in Clause 21.1 of this Agreement, by applying for a domain name, transferring, or renewing it, you acknowledge and agree that your application is subject to the separate registry policies related to your requested domain name. Please note that registry policies may change, and we cannot guarantee the accuracy, completeness, or timeliness of the list provided.

Each registry operator may introduce new or amended terms and conditions, policies, or requirements that take effect immediately. You acknowledge and agree that we are unable to guarantee the accuracy, completeness, or timeliness of the registry policies provided in the above paragraph.

Some registry requirements are outlined in this service agreement, while others can be found online or through the provided link. Registry operators may have additional requirements or introduce new ones. It is your responsibility to familiarize yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

By applying for and accepting registration of a domain name, you agree to comply with all applicable nexus and other registry requirements that may be in effect from time to time.

Your application implies that you have understood and will adhere to all ICANN standards, policies, procedures, and practices, which can be found at https://www.icann.org.

You acknowledge and agree to release us from any claims arising from registry requirements or any actions taken by us in accordance with those requirements.

Please note that we are unable to enforce registry requirements against third parties.

21.4.1 Indemnity and Liability

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the relevant Registry, its parent company, subsidiaries, service providers, shareholders, subcontractors, and their directors, officers, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising from your domain name registration for any reason whatsoever.

You acknowledge and agree that the Registry, Registrar, its subcontractors, affiliates, agents, and/or service providers shall not be liable for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder’s Program, Premium domain, or Auction processes, including, but not limited to:

• Our ability or inability to reserve a name in the Registry TLD through these processes.
• Any disputes between parties arising from these processes.

You agree that your obligations under this clause shall continue even after the termination or expiration of this Agreement.

21.4.2 Registration Information

You agree to provide accurate registration information for the domain name, including a confirmed email address by return email or other suitable method.

You also agree to promptly correct and update the registration information for the domain name, including associated Personal Data, during the registration term.

21.4.3 Personal Data

The Registry will handle, collect, and use Personal Data submitted to the Registrar in accordance with its published privacy policy and for the purpose of providing Registry Services as defined in ICANN’s Registry Agreement. This includes the publication of registration data in the directory services (also known as “WHOIS” or “RDDS”).

The Registry will take reasonable measures to protect the Personal Data submitted by the Registrant from loss, misuse, unauthorized disclosure, alteration, or destruction. The Registry may use the collected demographic data for statistical analysis or other business purposes, provided that individual personal data is not disclosed. This paragraph does not apply to publicly available information.

You acknowledge and agree to the use, copying, distribution, publication, modification, and other processing of your Personal Data by the Registry, its designees, and agents, in a manner consistent with the purposes specified above, current ICANN policies, and relevant local data protection laws and privacy requirements.

21.4.4 Right to Deny

You acknowledge and agree that the Registrar and the Registry reserve the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, as they deem necessary in their discretion, including, but not limited to:

• Protecting the integrity and stability of the Internet or Registry.
• Complying with specifications adopted by authoritative industry groups with respect to the Internet (e.g., RFCs).
• Complying with applicable laws, government rules or requirements, law enforcement requests, or dispute resolution processes.
• Avoiding liability, civil or criminal, for the Registry and its affiliates, subsidiaries, officers, directors, and employees.
• Non-payment of fees.
• Terms of this Agreement or Registry policies.
• Compliance with applicable ICANN rules or regulations, including the Registry Agreement.
• Correcting mistakes made by the Registry or any Registrar regarding the domain name registration.
• Protecting the rights and property of the Registry and avoiding potential or actual liability, civil or criminal, for the Registry and its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders.
• Placing a domain name on registry lock, hold, or similar status during the resolution of a dispute.

21.4.5 Dispute Resolution

You agree to submit to proceedings commenced under the following dispute resolution policies:

• ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).
• ICANN’s Uniform Rapid Suspension (URS) policy.
• The Transfer Dispute Resolution Policy.
• The Post-Delegation Dispute Resolution Procedure.

You also agree to comply with any other dispute policies set forth by the Registry from time to time in its relevant Policies, including but not limited to processes for the suspension of a domain name demanded by intellectual property rights holders, Internet engineering and security experts, or other competent claimants for the purpose of upholding the security, stability, and integrity of the Registry.

You must comply with the published policy of ICANN regarding any dispute and release us from any claim that may arise from our actions or the actions of the registry operator in accordance with the published policy.

21.4.6 Prohibited Use

You acknowledge that you are prohibited from engaging in activities such as distributing malware, operating botnets abusively, engaging in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting, or any activity contrary to applicable law. Such activities may result in the suspension of your domain name.

21.4.7 Launch Periods

If applicable, you agree to be bound by the Registry’s terms and conditions for the initial launch of the relevant TLD, including but not limited to the Sunrise period, Landrush period, Sunrise Dispute Resolution Policy, or any other Launch policies.

21.5 Domain Name Application

To apply for a domain name license, you must:

• Complete our application form in full.
• Read and agree to our service agreement.
• Submit the appropriate registration fee.
• Fulfill any requirements specific to the domain name license being applied for, as well as any other requirements communicated by us.

Submission of an application does not guarantee the issuance of a domain name license, even if a preliminary check indicates domain availability.

Successful application requires:

• Full payment of the registration fee and clearance of all cheques by your bank, as confirmed by our accounts department.
• Compliance with the association requirements and policies of the relevant registry operator.
• Approval of your application by the relevant registry operator, permitting the issuance of the domain name license.
• Written notification from us confirming the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application or take any further steps or incur any additional expenses based on the assumption that your application was successful. In any event, we shall not be responsible for any losses or damages resulting from your belief that your application would be successful.

21.6 Domain Name Licensing

The issuance of a domain name license grants you the status of licensee for the domain name. A domain name is not considered a property item and does not have an “owner.” It is classified as an entry on the database of the registry operator.

Terms such as application, registration, activation, transfer, and others related to a domain name merely reflect the application, registration, activation, transfer, and so on of a domain name license.

A domain name license is subject to its specific license terms. It must not be used in violation of those license terms, many of which are requirements imposed by the registry operator and its relevant bodies, beyond our control.

Ownership of all copyright and database rights is retained by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of the granting or renewal of permission to use the same. It is your responsibility to ensure that a domain name license complies with the requirements imposed by the registry operator and its relevant bodies. You are fully responsible for renewing domain name licenses.

21.7 Domain Name Registration Period

A domain name license has a fixed period onceactivated.

Some domain name licenses offer a choice of periods, while others have fixed durations. Our application form will indicate the available periods for application. The domain name license period (subject to approval) will be the one applied for.

21.8 Registration Renewal

You have the responsibility to renew your domain name license in accordance with the terms of this Agreement and those of the relevant registry operator.

You are solely responsible for ensuring the timely renewal of your domain name license. Failure to do so before the expiration of the previous license term may result in the domain becoming available for registration by third parties.

By releasing us, you acknowledge that we are not liable for any claims arising from your failure to renew a domain name license.

While we may send notifications of pending renewal as a courtesy, please note the following:

• You agree that we have no obligation or liability if we do not provide such notifications or if notifications do not reach you. It is your sole responsibility to ensure that your electronic contact information is correct, active, and fully functional.
• We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to the expiry date, through methods such as sending an email to the registrant’s email address and/or sending a notice to the registrant’s postal address as recorded in the WHOIS information for the domain name.
• You are not obligated to renew your domain name license or pay any associated fees unless you choose to do so.

If you decide to renew your domain name license, you must:

• Agree to any applicable fees as directed.
• Agree to the latest service agreement and any related policies or requirements specified by us and the relevant registry operator.
• Select the desired renewal period from the available options as specified by us.

A renewal is considered successful only if:

• The renewal fee has been paid and processed.
• Your renewal complies with the service agreement, policies, and requirements of us and the relevant registry operator.
• The relevant registry operator approves the renewal request.
• We have provided written notification confirming the successful renewal.

21.9 Registration Transfer

You have the option to request a change of your domain name license at specific times mentioned in this document, which include the policies and requirements of the relevant domain registry(ies).

21.10 Registrant Transfer

A registrant transfer involves transferring the ownership of a domain name license from one registrant to another. It consists of a transferor (old registrant) and a transferee (new registrant).

To successfully complete a registrant transfer, you must:

• Provide us with a complete Domain Transfer of Ownership form, available on our website, with correct and valid information that satisfies the requirements set out by the relevant registry operator.
• Ensure that the transferor pays any outstanding fees owed to us.
• Pay any specified fees related to the registrant transfer process.
• Supply satisfactory documentation identifying both the transferor and transferee.
• Ensure that the transferee acknowledges the entry of this service agreement, our policies, and any requirements/policies of the relevant registry operator as stated in the Domain Transfer of Ownership form.

Once the transfer is completed, the transferor releases us from any claims arising under or in relation to this agreement, their domain name license, or its transfer.

21.11 Registrar Transfer In

You have the option (subject to the policy of the relevant registry operator) to apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration, and all clauses in this document are equally applicable. By applying for a registrar transfer, you agree to this service agreement and any policies listed by us or the relevant registry operator.

21.12 Registrar Transfer Out

Just as you can transfer a domain name license to us, you also have the ability to apply for a registrar transfer to another company. The transfer out process follows the clauses in this document, specifically those related to the domain name you are transferring (e.g., .com, .au, etc.).

21.13 Privacy & WHOIS Service

When you register a domain name license, certain information is collected for use on the WHOIS service, which allows internet users to query a domain name and find the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems worldwide and is subject to the policies and requirements of the relevant registry operator.

For .au domain registrations, please refer to auDA’s WHOIS policy.

All Private Registration applications are subject to the relevant policies and requirements of the Private Registry Authority. By applying and utilizing Services provided by the Private Registry Authority, you agree to all the policies listed at [insert link], both those provided and referred by the Private Registry Authority.

Reports regarding abuse, trademark infringement, or third-party rights related to domain name registration can be reported to [email protected]. Such reports are reviewed by our staff, registrar staff (where applicable), and other third parties such as the Private Registry Authority. Private Registration services may be removed when required by law or the relevant registry.

Correspondence or documentation sent to listed Private Registration addresses may be received by us, Registrar staff, and/or other third parties. Such correspondence or documentation may be forwarded at our discretion or as required by law.

Registrant contact information may be provided to registries (including ICANN) as required by us, the Registrar, and/or other third parties. While domain registration data is regularly escrowed by all registrars as part of the agreement with ICANN, the information immediately available through private registration services is unlikely to be affected unless required by law or unless we or the Registrar cease business or terminate Private Registration services.

Customer support may be provided by us in respect to Private Registration services.

21.14 Domain Parking

Upon registration, your domain will be automatically parked on name servers provided by us. When users enter your domain, they will be redirected to a “coming soon” page. There is no charge for parking a domain. By registering the domain, you give consent for us to place the “coming soon” page and its associated content on your parked domain. After registration is complete, you have the option to change the name server configuration and “un-park” the domain. If your domain registration expires, the registration becomes invalid. If you choose to renew the domain, you can restore it to its original settings. However, if you fail to renew the domain, we may place an “expired” page on the parked domain. The “coming soon” and “expired” pages may contain advertisements and other materials selected by us. We retain the revenue obtained from such advertising. If you utilize our DNS management services and fail to configure a wildcard DNS for your domain, we may insert wildcard DNS records to resolve subdomains of your domain. These subdomains will be directed to a web page that may contain advertisements and other materials selected by us.

21.15 Domain Name Cancellation

If your domain name license is cancelled for any reason under these terms or registry operator requirements, a third party may register the domain name instead of you. By cancelling the domain, you release us from any claim arising from the cancellation.

21.16 Domain Expiration Protection Service

The Domain Expiration Protection (DEP) service prevents your registered domain name from becoming available for purchase by other parties if it is not successfully renewed before the expiration of its current term. With the DEP service, the domain name does not expire, and you have one year from the expiration date to renew the domain during the Expiration Period. During this period, we may lock the domain name and/or direct it to an IP address designated by us, which may host a parking, under-construction, or other page containing promotions, advertisements, and links. Only the registrant can renew the domain name by phone. If you do not renew during the Expiration Period, the domain name will be made available for purchase by other parties.

21.17 Back Order Service

The Back Order service is designed to monitor your requested domain name and register it on your behalf if it becomes available through the respective registry. The domain will only become available if it is no longer registered, either due to the previous registration expiring without renewal or the domain name being deleted. All Back Order applications are subject to the terms and conditions outlined in this document.

You acknowledge that the Back Order service cannot be provided for domain names identified as unsuitable by any applicable Registry or Registrar, such as Premium Domain names exempt from the Back Order service. If a Back Order application is processed for a domain name subsequently identified as unsuitable by any applicable Registry or Registrar, you agree that such processed application may be deleted and refunded.

Placing a Back Order does not guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to the terms contained within this document. However, it is possible that the specified domain name may never become available for registration. Therefore, your Back Order may not be successful, regardless of how long you retain the Back Order.

When you apply for a Back Order, the specified domain name will enter our Back Order system. Back Orders will be processed on a first-come, first-served basis. Other clients may also place Back Orders for the same domain name. The first application will receive 100% priority. We may or may not disclose the existence of an existing Back Order for the specified domain name.

Cancellation: You can cancel a Back Order at any time. However, no refund or account credit will be issued for funds paid, whether in full or pro rata, as long as the service is functioning.

By placing a Back Order application, you agree to:

Indemnify and hold us harmless if we are unable to register your Back Order application and the specified domain name.

Abide by all the terms, conditions, processes, and policies described in our full Service Agreement.

Your Back Order is valid from the date your Back Order request is accepted by us until the expiration date of your Back Order service. It is your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service before the expiration date may forfeit any priority for a domain name Back Order if multiple Back Order applications have been made for the same domain name.

21.18 Domain Pre-Registration

The Domain Pre-Registration service allows you to express your intent to register a domain name once the TLD becomes available from Crazy Domains. We do not guarantee the registration of your domain name at any stage of the pre-registration process. When the TLD becomes available from Crazy Domains, we will contact you via email regarding pricing and registration terms.

Registrations for available domains will be processed on a first-come, first-served basis. Other clients may also place pre-registrations for the same domain name. The first application will receive 100% priority. We may or may not disclose the existence of an existing pre-registration for the specified domain name.

You understand that other companies may also have the same domain name on backorder, which means the domain may be taken by them. While we will try to secure the domain name, there is no guarantee that it will be available.

We cannot guarantee if and when your domain will become available. Once the TLD becomes available in the future, we will notify you via email.

By pre-registering a domain name, you agree to comply with all associated registry rules and conditions once your domain is purchased.

Cancellation: You can cancel a pre-registration at any time. Since pre-registration is a free service, no refunds or account credits will be issued.

21.19 Releases and Indemnities

This clause supplements any other release or indemnity provisions stated in this agreement or any relevant registry operators’ policies and agreements.

You agree to indemnify us against any disputes between you and any third party relating to any service offered by us.

You must indemnify, defend, and hold all of our directors, officers, employees, agents, and affiliates harmless from any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or in relation to the provision and use of our services.

Each indemnity and release given to us or any other party under this agreement will remain valid even after the termination or expiration of any service agreement.

21.19.1 Limitation on Liabilities

This agreement does not exclude certain laws that provide rights and remedies that cannot be changed or excluded by this agreement.

We exclude all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”).

Our liability to you for the breach of any express provision of this Agreement or any Non-excludable Condition is limited, at our option, to providing account credit, refunding the price of the services associated with the breach, or providing those services again (except for services acquired for personal domestic or household use or consumption, for which our liability is not limited under this Agreement).

We are not liable for any failure or delay in performing our obligations under this Agreement if it is due to circumstances beyond our reasonable control. If such failure or delay exceeds 48 hours, you may terminate this Agreement immediately by providing written notice to us.

You agree not to hold us liable for any loss of privacy, provision of inaccurate information or advice, or damage to your computer systems or files that may result from your use of the Services. You understand that email communication can be read during transit.

You accept sole legal responsibility for any messages, files, data, or other forms of communication that you add to or transmit via the Services, and you release us from any such legal responsibility.

You understand and agree that opinions, advice, services, and all other information expressed on the Internet are the responsibility of the provider, not us. We have no control over the content of the information passing through the Services.

21.19.2 Registrant Authority

We may act on instructions or requests from a person who appears to be the registrant or a person acting under the authority of the registrant, without being obligated to do so or without the need for notice of dispute regarding the authority of that person.

You release us from any claim arising from actions taken in accordance with this clause.

21.20 Domain Redemption

When a domain name expires, the registrant has 30 days to renew the domain and prevent the deletion of DNS records. If the domain is not renewed within 30 days, it may enter a Redemption period determined by the domain name registry, typically lasting 30 days. To recover a domain during the Redemption period, registrants must apply to Site Digital at least 7 days before the end of the period. After the Redemption period, the domain enters a PENDINGDELETE phase for 5 days, during which it cannot be recovered. Following this, the domain is deleted and made available for re-registration. Renewing a domain during the Redemption period incurs a fee, which includes the first-year renewal of the domain name. Some registries may not have a Redemption period, so it’s advisable to contact Site Digital to inquire about specific cases.

For more information about the lifecycle of a domain name, you can refer to https://www.icann.org/resources/pages/gtld-lifecycle-2012-02-25-en.

Search Engine Optimisation

You acknowledge that we do not have direct control over search engine placement. While we make our best efforts to maintain a high position for your website, we do not provide an ongoing guarantee of placement position.

We guarantee a Google listing within 8 weeks of application to our Search Booster product. However, this guarantee is subject to the following conditions:

The provision of valid, correct, and up-to-date information.

The satisfactory completion of the required forms, steps, and recommendations.

We reserve the right to deny refund or account credit if we deem the completion of the above requirements to be unsatisfactory.

This section pertains to the Web Hosting Product provided by Site Digital.

18.1 Representations by Site Digital

18.1.1 Application of Terms to Representations

You acknowledge and agree that:

• Any representations made on other pages of the Site are subject to the terms and clarifications specified in this Agreement, particularly in clause 18.1.2.
• Services will be provided in accordance with the terms of this Agreement.
• In case of any inconsistency between the representations on other pages of the Site and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail, and your expectations of the Service shall be limited to the representations in this Agreement.

18.1.2 Setup

It is your responsibility to ensure the completion and activation of any applied hosting package for full use. The quoted times for account activation are estimates, and Site Digital does not guarantee or imply activation within the quoted time frame. Site Digital may delay or refuse activation if:

• Payment is not cleared or received in full.
• Site Digital believes the order, information, or payment to be fraudulent.
• You have any outstanding funds related to any other account.
• The quoted domain name does not exist, is in a non-usable state (e.g., pending renewal), or is deemed to be proposed for use that violates Site Digital’s Acceptable Use policy.
• Site Digital deems any other reason to be satisfactory.

Site Digital may send a notification of hosting activation; however:

• Your contact details must be correct and up to date.
• The notification does not indicate that your hosting is fully active and ready for use. You must ensure that the hosting is fully functional.
• You release Site Digital from any claim arising from failed hosting activation, whether due to the system, staff, or any other factor beyond Site Digital’s reasonable control.

18.1.3 Service Levels

Site Digital will strive to maintain network stability and satisfactory service levels; however, you agree that:

• Site Digital may perform routine maintenance, service, and upgrades as needed. Site Digital will try to schedule such instances at the most convenient times and provide reasonable notice through means it deems satisfactory.
• Site Digital may experience outages beyond its control caused by force majeure events or other factors. These may include acts of God, war, invasion, civil war, rebellion, terrorist activities, governmental sanctions, utility failures, hardware or software failures, or any other failure caused by Site Digital, its suppliers, or third parties.
• Site Digital may, at its discretion, provide notification of planned or unplanned outages.
• You release Site Digital from any claim or potential claim related to outages and any loss of business or service suffered by you or any third party.

18.1.4 Third Party Services

Site Digital may provide services directly or through third-party providers. Third-party services may be subject to specific agreements supplied by those providers. By applying for or using any service offered by Site Digital, you agree to the terms of this Agreement and any agreement of the third-party providers.

18.1.5 Terms/Representations

Site Digital offers the Web Hosting Service at budget prices based on delivering a budget-level service. For a premium level of service, a higher price would need to be paid. If you require a premium level service, please contact Site Digital before making a purchase to ensure its availability.

Site Digital’s Web Hosting Service is not an archival service. You are solely responsible for maintaining independent backup copies of your data. Site Digital disclaims any liability or responsibility for any loss, damage, or destruction of your data, distribution lists, or any other content.

18.2 IP Addresses

18.2.1 IP Address Upgrade

The IP Address upgrade option allows you to obtain a unique IP address for your hosting account. This upgrade is useful for custom DNS control or for separating your account from others on shared hosting services that share a single IP address.

18.2.2 Resumption of IP Addresses

You agree that if you have purchased IP addresses and they have been assigned to you, you must use at least 90% of these IP addresses within 30 days of the assignment date. Failure to utilize 90% of the assigned IP addresses within the specified timeframe may result in Site Digital reclaiming the unused IP addresses. In such cases, you release all rights to the reclaimed IP addresses.

18.3 Refunds

18.3.1 Money-Back Guarantee Period

For clause 18, the ‘Money-Back Guarantee Period’ refers to the first sixty (60) calendar days from the date of purchasing the applicable Services under clause 18, as indicated on the invoice.

18.3.2 Agreement

You agree that:

• It is your responsibility to ensure that Services are fully utilized.
• You are responsible for ensuring the appropriateness and compatibility of the Services you purchase.
• Site Digital is not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality if your cancellation request is not received within the ‘Money-Back Guarantee Period’. Site Digital reserves the right, at its discretion and subject to these terms, to offer account credit or a refund.
• Site Digital may offer account credit as a gesture of goodwill. This credit can only be redeemed for the purchase of any Service(s) available on Site Digital’s website and cannot be refunded or redeemed as cash credits.
• Site Digital may offer account credit as a gesture of goodwill. This credit can only be redeemed for the purchase of any Service(s) available on Site Digital’s website and cannot be refunded or redeemed as cash credits.
• You are liable to pay any administrative costs incurred by Site Digital for refunding any Service outside the ‘Money-Back Guarantee Period’.
• Cancellation of deposit/cheque orders will result in a credit applied to your account or a surcharge deducted from the refunded amount.
• Direct deposit overpayments will be returned either via full account credit or transaction reversal minus a surcharge.
• Site Digital may deny your refund request if it determines that you have not complied with the requirements specified in clause 18.3.3, if the Service on the claim has been used illegally or outside the terms of service, if you have breached your agreement with the terms of this Agreement, if Site Digital has sent communication to you and received no response within 1 week, or if Site Digital believes the request is fraudulent.
• Site Digital is not responsible for any mistakes in the application made on the advice of its staff or your sole decision.
• You are liable for the costs incurred by Site Digital, including legal costs on a full indemnity basis, if you make any claim in connection with or arising from Services and have breached your agreement with clause 18.1 of these Terms.

18.3.3 Process of Claiming a Refund

To claim a refund or account credit, you must clearly request the cancellation of your Services via email to Site Digital and specify whether you seek a refund or account credit, providing reasons for your request. To be eligible for a refund under the Money-Back Guarantee, Site Digital must receive your email within the ‘Money-Back Guarantee Period’. It is your responsibility to ensure that Site Digital receives your email within this timeframe.

Site Digital will generally respond within two weeks of receiving your request, but it may respond earlier. Your eligibility for any refund or account credit is subject to your compliance with the terms of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under anycircumstances. Account credits, whether purchased or provided as a gesture of goodwill, can only be redeemed for the purchase of any Service(s) available on Site Digital’s website.

18.4 Suspension & Cancellation

You expressly agree that Site Digital reserves the right to suspend or cancel any or all Services if:

• You have any outstanding invoice or account.
• Your account is in dispute, undergoing a dispute resolution procedure, subject to a court order, judgment, findings, or determination.
• You fail to comply with any provision in this agreement or the referenced agreements.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity that breaches a third party’s rights.
• Site Digital believes your use of its services may jeopardize the operation of the service, Site Digital itself, or its suppliers.

18.5 Web Hosting Cancellation

If your contract for the Web Hosting Product includes a Minimum Term and you terminate the Web Hosting Product before the Minimum Term ends, an Early Termination Fee may be charged as specified in clause 5.8.

We reserve the right to suspend, cancel, or terminate any hosting service for the following reasons:

• Non-payment or failure to renew the service.
• Chargeback or reversal of payment.
• Reasonable belief that you are not using the services in accordance with this service agreement.
• Requirement by a competent regulatory authority.
• At our sole discretion.

Service provision may also be suspended, cancelled, or terminated if:

• You breach this agreement or the registry operator policy. We will provide notice of the breach and a specified timeframe for remedy.
• You fail to comply with our breach notice.

You release us from any claim arising from the suspension, cancellation, or termination of any service.

18.6 Web Hosting Transfer

The Web Hosting Transfer service is available as an optional addon to a Web Hosting plan purchase and is designed to assist with transferring hosted email and websites from another provider to Site Digital. You can apply for and process only one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites, you must process a new Web Hosting Transfer with a new Web Hosting package.

We do not guarantee the following aspects of email and web hosting transfer:

• Success of the transfer: We may only be able to migrate a portion of your account, and some elements may require your partial or complete management.
• Transfer speed: While we strive to complete the migration within 48 business hours, there may be instances where it takes longer.
• Compatibility: Due to software complexity, we cannot ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan that supports your email and website and to perform a complete test of your services post-transfer.
• Completion: You are responsible for ensuring that all necessary files and settings have been fully migrated.

While we make every effort to ensure a successful transfer and have established a solid process and policy to govern migrations, we are not liable for any failure, damage, or loss of data during the transfer. It is your sole responsibility to maintain a full backup of your data and files.

18.6.1 Refunds:

In addition to the terms and policies outlined in this document, this clause specifically applies to refunds following an order for a Web Hosting Transfer.

As stated in clause 18.6, we strive for maximum success in completing the migration. However, we cannot guarantee 100% success. Therefore, we may offer a credit or refund for a purchased web hosting plan when combined with a web hosting transfer order. The decision to offer a refund or credit is at our full discretion.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

WordPress Hosting Terms

WordPress Hosting Product pertains to various aspects of the service. The following is a revised version of the clause:

35. WordPress Hosting

This entire section relates to the WordPress Hosting Product.

35.1 Representations by Us

35.1.1 Application of Terms to Representations

You acknowledge and agree that:

• Any representation(s) on other pages of the Site are subject to the terms and clarifications specified in this Agreement, particularly clause 35.1.2.
• Services can only be expected in accordance with the terms of this Agreement.
• In case of any inconsistency between the representation(s) on other pages of the Site and this Agreement, especially clause 35.1.2, the terms of this Agreement shall prevail, and your expectations of the Service shall be limited to the representations in this Agreement.

35.1.2 Setup

It is your responsibility to ensure the completion and activation of any applied hosting package for full use. Quoted times for account activation are estimates, and we do not guarantee activation within the quoted time frame. We may delay or refuse activation if:

• Payment is not cleared or received in full.
• We suspect fraudulent orders, information, or payments.
• You have outstanding funds related to any other account.
• The quoted domain name does not exist, is in a non-usable state (e.g., pending renew), or violates our Acceptable Use policy.
• There are other satisfactory reasons determined by us.

We may send notification of hosting activation; however:

• Your contact details must be correct and up to date.
• Notification does not indicate full activation and readiness for use; you must ensure the hosting is fully functional.
• We are not liable for any claims arising from failed hosting activation, whether due to our system, our staff, or factors beyond our reasonable control.

35.1.3 Service Levels

We will strive to maintain network stability and satisfactory service levels. However, you agree that:

• We may occasionally perform routine maintenance, service, and upgrades. We will try to schedule these instances at the most convenient times and provide reasonable notice using any means we deem suitable.
• We may experience outages beyond our control due to force majeure, war, civil unrest, terrorist activities, governmental actions, labor disputes, utility failures, hardware or software failures, or any other reasons caused by us, our suppliers, or third parties.
• We may, at our discretion, notify you of planned or unplanned outages.
• You release us from any claims or potential claims related to outages and any resulting loss of business or service suffered by you or any third party.

35.1.4 Third Party Services

We may provide services directly or through third parties. Third party services may have their own specific agreements. By applying for or using any service offered by us, you agree to this agreement and any agreements from our third party suppliers.

35.1.5 Terms/Representations

We offer this Service at budget prices with the understanding that we deliver a budget Service. For a premium level of Service, a premium price must be paid. If you desire a premium level of service, please contact us before making a purchase to ensure this option is available.

This is not an archival service. You are solely responsible for maintaining independent backup copies of your emails. We explicitly disclaim any liability or responsibility for the loss, damage, or destruction of your emails, distribution lists, or any other content.

35.2 Resumption of IP Addresses

You must utilize at least 90% of the purchased and assigned IP addresses within 30 days of assignment. Failure to do so may result in the reclamation of unused IP addresses by us. In such cases, you release all rights to the reclaimed IP addresses.

35.3 Refunds

35.3.1 Money-Back Guarantee Period

For the purpose of this clause, the ‘Money-Back Guarantee Period’ refers to the first sixty (60) calendar days from the date of purchasing the applicable Services under clause 35, as indicated on the invoice.

35.3.2 Agreement

You expressly agree that:

• It is your responsibility to make full use of the Services.
• You are responsible for ensuring the appropriateness and compatibility of the Services you purchase.
• You must assess the suitability and compatibility of the Services prior to making a purchase.
• We are not obligated to provide refunds or account credit for functional Services that meet the provided description and acceptable quality, unless a cancellation request is received within the ‘Money-Back Guarantee Period’. We reserve the right, at our absolute discretion and subject to these terms, to offer either:
  • An account credit, or
  • A refund, in cases where a cancellation request is received outside of the ‘Money-Back Guarantee Period’.

We may offer account credits as a gesture of goodwill. These credits can only be used for purchasing any Service(s) available on our website and cannot be refunded or exchanged for cash credits under any circumstances. By accepting, using, or receiving an account credit in your account, you waive any entitlement to cash credits under the Money-Back Guarantee.

We may consider downgrading an account upon request, but no refund or account credit will be provided if:

• The Service provided is functional, as described, and of acceptable quality.
• The downgrade request is made outside the ‘Money-Back Guarantee Period’.

You are responsible for any administrative costs we incur when refunding a Service outside the ‘Money-Back Guarantee Period’.

Cancellations of deposit/cheque orders will result in a credit applied to your account or a surcharge deducted from the refund amount.

Direct deposit overpayments will either be returned as a full account credit or partially reversed after deducting a surcharge.

We may deny your refund request if:

• You fail to comply strictly with clause 35.3.3 when claiming a refund.
• The Service in question has been used illegally or in violation of the terms of service (e.g., spam, trojan, resource abuse leading to suspension, or any other inappropriate behavior that compromises a website due to user-installed applications).
• You have breached your agreement with the terms of this Agreement.
• We have sent you communication and have not received a response within one week.
• We believe the request is fraudulent.

We are not responsible for any mistakes in application, whether advised by our staff or based on your decision alone.

If you make any claim related to Services and have breached your agreement with clause 35.1 of these Terms, you are liable for the costs we incur, including legal costs on a full indemnity basis.

35.3.3 Process for Claiming a Refund

To claim a refund or account credit, you must clearly request a cancellation of your Services via email and specify whether you seek a refund or account credit, providing reasons for your request.

To receive a refund under the Money-Back Guarantee, we must receive your email within the ‘Money-Back Guarantee Period’. You are responsible for ensuring that we receive your email within this timeframe.

We will generally respond to your request within two weeks of receiving it, but we may respond earlier. Your eligibility for a refund or account credit is subject to your compliance with the entirety of the terms of this Agreement.

Account credits cannot be refunded or exchanged for cash credits under any circumstances. Account credits, whether purchased or provided as goodwill, can only be redeemed by purchasing any Service(s) available on our website.

35.4 Suspension & Cancellation

You explicitly and irrevocably acknowledge that we retain the right to suspend or cancel any or all services in the following circumstances:

You have any outstanding invoices or unpaid accounts.

Your account is in dispute or undergoing dispute resolution procedures, court orders, judgments, findings, or determinations.

You fail to comply with any provision of this agreement or any provisions referenced within this agreement.

There is evidence of fraudulent, illegal, defamatory, offensive activities, or activities that infringe upon the rights of third parties.

We believe that your use of our services may jeopardize the operation of the service, us, or our suppliers.

We deem any other reason satisfactory to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to clause 35.2.

In the event that your account is cancelled under this agreement:

You must promptly settle all outstanding charges.

We may revoke or terminate any licenses issued to or by you pertaining to the services as of the date of cancellation.

We may immediately delete all data held prior to cancellation.

We may take any necessary action without prior notice.

35.5 WordPress Hosting Cancellation

We reserve the right to suspend, cancel, or terminate any hosting service under the following circumstances:

• Non-payment or failure to renew the service.
• Chargeback or reversal of payment.
• Reasonable belief that you are not using the services in accordance with this service agreement.
• Requirement by a competent regulatory authority or body.
• Sole discretion exercised by us.

Service provision may also be suspended, cancelled, or terminated in the following cases:

• Breach of this agreement or registry operator policy. We will provide notice specifying the breach and the required remedy within a specific timeframe.
• Failure to comply with our breach notice.
• You release us from any claims arising from the suspension, cancellation, or termination of any service.
  

Free Web Hosting Terms

By using our free Linux and WordPress web hosting services, you agree to the following terms and conditions:

36.1 Eligibility

To use our services, you must be at least 18 years old and legally able to enter into these terms.

36.2 Service Description

We offer two separate free hosting plans:

36.2.1 Linux Web Hosting: Provides a Linux-based server environment.

36.2.2 WordPress Web Hosting: Offers a dedicated environment for WordPress websites.

36.3 Account Setup

36.3.1 Automatic Creation: Accounts are automatically created upon order completion.

36.3.2 Verification: A valid credit card is required for verification purposes only; no charges will be made.

36.4 Usage Policies

36.4.1 Acceptable Use: Services must be used for lawful purposes only. Users are prohibited from engaging in any activity that violates any local, state, national, or international law or regulation.

36.4.2 Prohibited Activities: Users are strictly prohibited from using our services to:

36.4.2.1 Spam: Send unsolicited messages, including spam emails or advertisements.

36.4.2.2 Malware: Distribute or install malware, viruses, or any other malicious software.

36.4.2.3 Illegal Content: Host or distribute content that is illegal, including but not limited to child pornography, pirated software, and counterfeit goods.

36.4.2.4 Hate Speech: Promote violence, hate speech, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or any other legally protected status.

36.4.2.5 Fraud: Engage in fraudulent activities, including but not limited to phishing, identity theft, and credit card fraud.

36.4.2.6 Resource Abuse: Use excessive resources or engage in activities that disrupt or harm our infrastructure or other users, such as running scripts that overwhelm servers.

36.4.2.7 Intellectual Property Violation: Infringe on any intellectual property rights, including hosting pirated software or unlicensed content.

36.4.2.8 Pornography: Host or distribute adult content or pornography.

36.4.2.9 Gambling: Host or facilitate online gambling services.

36.4.2.10 Unlawful Activities: Engage in any activities that are unlawful or encourage illegal conduct.

36.4.2.11 Discretionary Unacceptable Use: Engage in any activity that we, at our sole discretion, deem unacceptable or harmful, even if not explicitly listed here.

36.5 Right to Terminate

We reserve the right to cancel or terminate any plan at our discretion under the following circumstances:

36.5.1 Violation of Terms: If we believe you are using the services for any activities that go against our terms and conditions.

36.5.2 Flagged Activity: If our systems flag your account for activities related to spam, fraud, or other illegal activities.

36.5.3 Prohibited Content: Hosting or distributing prohibited content such as pornography, violence, hate speech, or any content deemed inappropriate.

36.5.4 Harmful Activities: Engaging in activities that could harm our infrastructure, other users, or the public, such as hacking, distributing malware, or running phishing schemes.

36.5.5 Prolonged Inactivity: Accounts that remain inactive for a prolonged period may also be subject to termination.

36.5.6 Notification and Appeal: Users will be notified of the termination with an explanation of the reason. Users may appeal the decision by contacting us, but the final decision will be at our discretion.

36.6 Backup Services

36.6.1 Self-Managed Backups: We do not provide free backup services; users are responsible for managing their own backups.

36.6.2 Optional Backups: Optional backup services are available for an additional fee.

36.6.3 Liability: We are not liable for any data loss or damage resulting from a failure to backup your website. Users are solely responsible for maintaining their own backups.

36.7 Support

36.7.1 No Free Support: Free hosting does not include customer support.

36.7.2 Resources Available: Users have access to documentation and community forums for assistance.

36.7.3 Paid Support: Personalized support is available through our paid plans.

36.8 Email Services

36.8.1 No Free Email Accounts: Free hosting plans do not include email accounts due to potential misuse.

36.8.2 Optional Email Services: Email services can be added for an additional fee.

36.9 Service Duration

36.9.1 Indefinite Free Hosting: Users can host their websites indefinitely without charge, subject to our terms and conditions.

36.9.2 Changes and Modifications: The service remains free unless unforeseen changes and circumstances necessitate modifications, which may also lead to the complete termination of our free Linux and WordPress hosting plans.

36.10 Privacy and Data Protection

36.10.1 Data Collection: Minimal personal data is collected for account setup and verification.

36.10.2 Data Use: Personal data will not be sold or shared with third parties.

36.11 Service Availability

36.11.1 No Guarantee: While we strive for uninterrupted service, we do not guarantee 100% uptime.

36.11.2 Limitation of Liability: We are not liable for any damages resulting from the use or inability to use the service.

36.12 Modifications to Terms

We reserve the right to modify these terms at any time. Significant changes will be communicated via email or our website. Continued use of the service constitutes acceptance of the revised terms.

Servers Terms

Servers

This section pertains to the Servers Product.

20.1 Representations by Us

20.1.1 Application of Terms to Representations

You acknowledge and agree that:

• Any reliance on representations found on other pages of the Site is subject to the terms and clarifications specified in this Agreement, particularly clause 20.1.2.
• Services can only be expected in accordance with the terms of this Agreement.
• In the event of any inconsistency between the representations on other pages of the Site and this Agreement, especially clause 20.1.2, the terms of this Agreement shall prevail, and your expectations of the Service shall be limited to the representations in this Agreement.

20.1.2 Terms/Representations

We offer a range of server options with three service levels: Self-Managed, Managed, and Full Support.

Self-Managed: This option is suitable for IT professionals with server administration expertise. We provide the server, operating system, and chosen hosting software, allowing you to handle the server setup. No technical support is provided for this product. If you require assistance, you can upgrade to a managed service at an additional cost.

Managed: This option is recommended for IT professionals with basic server administration knowledge. We provide the server, operating system, and hosting software, and you are responsible for the setup and configuration. No technical support is included, but you can purchase support at an hourly rate or upgrade to a managed service for comprehensive assistance. Third-party software support is not available.

Full Support: This option is suitable for customers requiring complete technical support and setup of all software and server configuration. No additional technical support needs to be purchased.

Please note that for all server products, we reserve the right to deny advanced support requests and may request additional payments for complex or time-consuming tasks that exceed a reasonable amount of support time, as determined by us.

We offer budget prices for our Services, providing a budget-level service. For a premium level of Service, a premium price must be paid. Contact us before making a purchase to inquire about premium service availability.

This is not an archival service. You are solely responsible for maintaining independent backup copies of your emails. We disclaim any liability or responsibility for the loss, damage, or destruction of your emails, distribution lists, or any other content.

20.2 IP Addresses

20.2.1 IP Address Upgrade

The IP Address upgrade allows you to obtain a unique IP address for your hosting account, useful for custom DNS control or isolating your account from others on shared hosting services.

20.2.2 Resumption of IP Addresses

You acknowledge and agree that you must utilize at least 90% of the purchased and assigned IP addresses within 30 days of assignment. Failure to do so may result in the reclamation of unused IP addresses by us, and you release all rights to such reclaimed IP addresses.

20.3 Refunds

20.3.1 Agreement

You expressly agree that:

• It is your responsibility to make full use of the Services.
• You are responsible for ensuring the appropriateness and compatibility of the Services you purchase.
• You must assess the suitability and compatibility of the Services prior to making a purchase.
• We are not obligated to provide refunds or account credit for Services that are functional, as described, and of acceptable quality. We reserve the right, subject to these terms and our discretion, to offer:
  • An account credit, or
  • A refund, only if a cancellation request is filed within 72 hours, which is the reasonable “rejection period” of the purchase application.

We may offer account credits as a gesture of goodwill, which can be applied to your account for purchasing Services on our website.

We may consider downgrading an account upon your request, but no refundor account credit will be provided if the request is made outside the 72-hour rejection period and if we determine that the provided Service is functional, as described, and of acceptable quality.

You are responsible for any administrative costs we incur when refunding a Service within the 72-hour rejection period.

Cancellations of deposit/cheque orders will result in a credit applied to your account or a surcharge deducted from the refunded amount.

Direct deposit overpayments will either be returned as a full account credit or partially reversed after deducting a surcharge.

We may deny your refund request if:

• The Service in question has been used illegally or in violation of the terms of service (such as spam, trojan, resource abuse leading to suspension, or inappropriate behavior resulting in a compromised website due to a user-installed application).
• We believe you have breached your agreement with clause 20.1.2 in any way.
• We have sent communication to you, and we do not receive a response within one week.
• We believe the request is fraudulent.

We are not responsible for any mistakes in application, whether advised by our staff or based on your sole decision.

You are liable for the costs we incur, including legal costs on a full indemnity basis, if you make any claim related to the Services and have breached your agreement with clause 20.1.2 of these Terms at any time after indicating your agreement to these Terms.

 

20.3.2 Requesting a Refund or Account Credit

To claim a refund or account credit, you must clearly request it via email within 72 hours of the Service being provisioned or within 72 hours of the dispute arising. It is your responsibility to ensure that we receive your email within this timeframe. We aim to respond to your request within two weeks, but it may be sooner. Please note that your eligibility for a refund or account credit is subject to clause 20.1.2 of this Agreement.

Account credits cannot be refunded or exchanged for cash under any circumstances. They can only be used for purchasing Services available on our website.

20.4 Service Uptime Guarantee

We provide a 99.9% Service Uptime Guarantee for our part-managed and full-managed servers. In the event of downtime caused by our error, verified by us, you can request a refund or account credit for the pro-rata value of the product from the purchase date until the determined failure date. Refunds will be issued to the credit card used for the purchase, while account credits can only be used for purchasing products or services from us.

Please note that we are not obligated to contact you regarding refunds or account credits for failures if you have not submitted a request. Only one refund or account credit can be awarded for a product during the same period. If multiple failures occur, a refund or account credit can only be granted from the date of the last failure until the date of the current failure. You cannot claim for a period if you have already received a refund or account credit for that same period. The Service Uptime Guarantee does not apply to interruptions caused by:

• Your actions that result in misuse of the product or changes to its configuration, including alterations that break the connection to the domain name.
• Actions or modifications made by third parties or related to third-party applications installed on the product.
• Outages that do not affect the functioning of your website but only impact internal features such as email or backup data.
• Outages beyond our control, including force majeure events, war, governmental sanctions, utility failures, hardware or software failures, and other failures caused by us, our suppliers, or third parties.
• Routine maintenance, service, and upgrades carried out periodically. We will make reasonable efforts to schedule such activities at convenient times and provide notice through suitable means.

20.5 Suspension & Cancellation

You explicitly and irrevocably agree that we retain the right to suspend or cancel any or all Services if:

• You have any outstanding invoices or unpaid accounts.
• Your account is in dispute, undergoing dispute resolution procedures, court orders, judgments, or findings.
• You fail to comply with any provision in this agreement or any referenced provisions.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or activities that infringe upon the rights of third parties.
• We believe that your use of our services may jeopardize the operation of the service, us, or our suppliers.
• We determine any other reason satisfactory to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to clause 20.3.

If your account is cancelled under this agreement:

• You must promptly settle all outstanding charges.
• We may revoke or terminate any licenses issued by or to you related to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may take any necessary action without prior notice.

DNS Terms

DNS Services Terms

Clause 16: DNS Services Agreement

This section pertains to the DNS Services Products offered on our site, which include:

1. Free DNS: This service provides standard DDoS protection and supports DNS Records A, AAAA, CNAME, and MX. It has a global connection to 2 countries.

2. Premium DNS: Our premium service offers advanced DDoS protection and supports DNS Records A, AAAA, CNAME, Squarespace, MX, SRV, and TXT. It provides quick setup for domain and email forwarding, instant connection to multiple advertising sites through functioning account icons, and has a global connection to 18 countries with the Anycast DNS Network.

16.1 Representations by Us

16.1.1 Application of Terms in Respect to Representations

You acknowledge and agree that:

1. Any representations made on other pages of the site are subject to the terms and clarifications specified in this Agreement, particularly in clause 16.1.2.
2. You can only expect services in accordance with the terms of this Agreement.
3. In case of any inconsistency between the representations on other pages of the site and this Agreement, especially in clause 16.1.2, the terms of this Agreement prevail. Your expectations of the service will be limited to the representations in this Agreement.

16.1.2 Terms/Representations

We offer this Service at budget prices based on delivering a budget Service. For a premium level of Service, a higher price will be required. If you desire a premium level service, please contact us before making a purchase to ensure this option is available.

Although no advanced technical knowledge or software is required, some level of computer, software, and internet experience is necessary to use the Service effectively. Knowledge or experience older than 3 years from the date of purchase may not be sufficient. Customers who have read the FAQs and instruction manuals find the Service easy to use.

We may provide services directly or through third parties. Third-party services may be subject to specific agreements provided by them. By applying or using any service offered by us, you must agree to this Agreement and any agreements from our third-party suppliers.

This is not an archival service. You are solely responsible for maintaining independent backup copies of your emails. We explicitly disclaim any liability or responsibility for any loss, damage, or destruction of your emails, distribution lists, or any other content.

16.2 Refunds

16.2.1 Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to utilize the Services to their full potential.
2. You must ensure the appropriateness and compatibility of the Services you are purchasing.
3. You have verified the appropriateness and compatibility of the Services you are purchasing before making the purchase.
4. The two DNS products are offered as advertised and cannot be altered or have features added or removed. Upon purchase, you acknowledge and agree to all of the product’s features as a whole.
5. We are not obligated to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality. We reserve the right, at our discretion, to offer either an account credit or a refund in circumstances where a cancellation request has been filed within 72 hours, which is the reasonable ‘rejection period’ of the purchase application.

We may offer account credit as a gesture of goodwill, which can only be redeemed by purchasing any available Service(s) on our website.

We may choose to downgrade an account upon your request, but no refund or account credit will be applied outside the 72-hour rejection period if we determine that the Service provided is functional, as described, or of acceptable quality.

You are responsible for paying any administrative costs incurred by us for refunding anyService within the 72-hour rejection period. Cancellations of Deposit/Cheque orders will result in a credit applied to your account or a surcharge taken from the refunded amount. Overpayments made through Direct Deposit will be returned either as a full account credit or a transaction reversal minus a surcharge.

Your refund request will be denied if:

1. The Service has been used illegally or outside the terms of service, such as spamming, engaging in trojan activities, or resource abuse leading to suspension, or if a website has been compromised due to a vulnerability of an application installed by the user.
2. We believe you have breached your agreement with clause 16.1.2 in any way.
3. We have sent communication to you, and we do not receive a response within 1 week.
4. We suspect fraudulent activity.

We are not responsible for any mistakes in application, whether advised by our staff or made solely by your decision. If you make any claim related to the Services and have breached your agreement with clause 16.1.2, you are liable for the costs we incur, including legal costs on a full indemnity basis.

16.2.2 Process of Claiming Refund

To claim a refund or account credit, you must clearly request it (providing reasons) via email to us within 72 hours from the date the Service was provisioned, as defined by the invoice creation date or within 72 hours of the dispute occurring. You are responsible for ensuring that we receive your email within this timeframe. We will generally respond within two weeks of receiving your request, but we may respond earlier. Please note that your eligibility for a refund or account credit is subject to clause 16.2.1 of this Agreement.

 

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Whether purchased or provided as a gesture of goodwill, account credits can only be redeemed by purchasing any available Service(s) on our website.

 

16.3 Suspension & Cancellation

You expressly and irrevocably agree that we reserve the right to suspend or cancel any or all Services if:

1. You have any outstanding invoices or accounts.
2. Your account is in dispute, undergoing dispute resolutions procedures, subject to a court order, judgment, findings, or determination.
3. You fail to comply with any provision in this agreement or referenced agreements.
4. There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity that breaches a third party’s rights.
5. We believe your use of our services may jeopardize the operation of the service, us, or our suppliers.
6. We have any other reason deemed satisfactory to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to clause 16.2.

If your account is cancelled under this agreement:

1. You must immediately pay all outstanding charges.
2. We may revoke or terminate any licenses issued to or by you regarding the services from the date of cancellation.
3. We may delete all data held prior to cancellation.
4. We may perform any action without notice.

We are committed to providing a reliable service, and therefore offer a Service uptime guarantee of 100% for our Premium DNS product (“Service Uptime Guarantee”). In the unlikely event that the Service Uptime Guarantee is not met due to an error on our part (to be investigated and determined by us), you have the option to request a refund or account credit for the pro-rata value of the product from the date of purchase until the determined failure. Refunds will be issued to the original credit card used for the purchase, while account credit can only be used to purchase products or services from us.

Please note that we are not obligated to contact you regarding a refund or account credit for a failure if you haven’t submitted a request. Furthermore, only one refund or account credit can be awarded for a product within the same time period. If multiple failures of the Service Uptime Agreement occur, a refund or account credit will be granted starting from the date of the last failure up until the current failure. It is not possible to claim a refund or credit for the same period if you have already received compensation for it.

Please be aware that the Service Uptime Guarantee does not cover service interruptions caused by:

1. Actions on your part that misuse the product or alter its configuration in a way that breaks the connection to the domain name.
2. Actions or alterations made by third parties, including installations or actions associated with third-party applications.
3. Outages that do not affect the visual appearance of your website but only limit access to internal features such as email or backup data.
4. Outages beyond our control, including force majeure events (such as acts of nature or negative human activities), war, invasion, civil unrest, terrorism, governmental actions, labour disputes, utility failures, hardware or software failures (including upgrades), or any other failures caused by us, our suppliers, or third parties.
5. Routine maintenance, service, and upgrades that we perform periodically. We will strive to schedule such activities at convenient times and provide reasonable notice through suitable communication channels.

Design Services Terms

Web Design, Performing Arts, Graphic Designs and Logo Design Agreement

This entire clause 15 relates to the Web Design and/or Logo Design services provided by Site Digital.

15.1 Representations by us

15.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

• Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this agreement, particularly clause 15.0.
• You can only expect services in accordance with the terms of this agreement.
• In the event of any inconsistency between the representation(s) on other pages of the site and this agreement, especially clause 15.0, the terms of this agreement shall prevail over the representations – and your expectations of the service shall be limited to the representations in this agreement.

15.1.2 Services:

Logo and Web Design services are provided as an economy/premium service. We may provide such services directly or via a third party. Third-party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us, you must agree to this agreement and any agreement of our third-party suppliers. The Logo and Web Design services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

15.1.3 Creative Brief and Responses for Logo & Web Design:

You are solely responsible for preparing and posting detailed descriptions of each of your creative briefs to the website, including providing samples illustrating your creative brief and any relevant deadlines.

We are under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality, or clarity. We may decide, at our sole discretion, to deny a creative or revision brief.

When you are provided with a revision, you are responsible for reviewing the revision. If you fail to promptly advise that the revision is not reasonably responsive to the creative brief, you will be deemed to have accepted the revision.

If you notify us that you think a revision is not reasonably responsive to the related creative brief, you shall then submit to us a revision brief containing information regarding amendments or modifications to be made to the initial Response.

15.1.4 Revisions for Logo & Web Design:

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the responses generated might be quite different in nature from the original composition you selected. We can only apply requested revisions that are within the limitations of the product and platform to which the product is built. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

The included revisions are applicable to the initial design only, and further revisions after the design completion will be charged at our discretion.

15.1.5 Design and Content Changes for Web Design

A design change request is changing the entire or part of the website’s template or design, including but not limited to, theme colors, text or image relocation, and/or any custom design. A content change request is updating any non-design-related content on the website, including but not limited to, any text, logos, images, links, buttons, map locations, page background image, and/or form details.

You are solely responsible for providing detailed descriptions of the content you would like on your website, including providing all text, images, and any other content, and any relevant deadlines.

We are under no obligation to review the text or images sent to us for any purpose, including accuracy, completeness of information, quality, or clarity.

When you are provided with a design or content change to your website, you are responsible for reviewing the change. If you fail to promptly advise that the change is not reasonably responsive to the original request, you will be deemed to have accepted the change.

If you notify us that you think a change is not reasonably responsive to the related change request, you shall then submit to us a change request containing information regarding amendments or modifications to be made to the initial change.

All requested changes are within the limitations of the product and the platform to which the product is built. The number of change requests is limited to the number advertised on the purchased product, and any further changes will be charged at our discretion. Any renewal of these products will provide the same amount of change requests as advertised, with any existing change requests forfeited. The renewal does not include any complete redesigns or rebuilds of the website but can be offered at a premium rate at our discretion.

15.1.6 Maintenance:

We will provide monthly or annual maintenance in accordance with the service package purchased, ordered, or maintained. If allocated maintenance time is not utilized during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation, you may purchase additional time allocation in 30-minute blocks. Unused additional time allocation is not carried over, and no refund will be issued for any unused allocation.

We require creative material to be of sufficient quality and in the correct format. We reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavor to advise if required maintenance appears to be not possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Unfinished maintenance will not be published or distributed until further allocation has been purchased.

15.1.7 Content

Web Design content is to be 100% supplied and installed by you. We will not, under any circumstances, install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content.

It is your responsibility to ensure that the content installed and held on your website is your own and does not belong to a third party, obtained without authorization, or in breach of trademark or copyright. You agree to hold us harmless from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.

Due to the software required to run the Websites, the Web Design products must always be hosted on our servers and cannot be hosted elsewhere. This means you will also not be able to retrieve a backup or local copy of the website.

15.1.8 Technical Information

Colours: The default color model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF, and PDF. Additional formats can be required upon request.

Web Design File Format: The source files will be held on our Hosting Services in a format that is in line with recent design and format technologies.

15.1.9 Rights to Use

Upon submission of creative or response briefs or any other information or media provided by you in connection with your use of the service, we and our agents shall have all rights and licenses necessary to use such client information for the purpose of obtaining responses and for archival purposes.

By submitting client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such client information for the full term of any intellectual property rights that may exist in such client information to the extent necessary to provide you with the service and responses.

Logo Design: Subject to your compliance with these terms, you shall own the final revised composition provided to you by us. However, you shall not own any materials, media, or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserve all right, title, and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use creative and revision briefs, individual responses provided to you, and the final revision for internal and archival purposes and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. Your ownership rights under these terms are limited to the final revision, and no trademarks or service marks in or to any final revision are being conveyed under these terms. We shall have no obligation or duty to perform trademark, service mark, or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final product. It is recommended that you perform your own independent searches with regard to the final revision. Furthermore, we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (e.g., trademark or copyright registration) for the final revision, nor shall we be responsible for assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design and Do It For You: Ongoing service is solely dependent on your active subscription to the Web Design and Do It For You service. Failure to maintain your active subscription will result in the suspension or termination of the services included with your normal subscription. This may result in your website being displayed to the public. Cancellation of the service will result in the suspension or termination of the included services. Cancellation mid-term of the applied service period will not entitle you to any refund. All material developed by us or our third-party partners belongs to and is copyrighted to us in accordance with copyright law. Payment for ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. We do not grant any express or implied right to you. We reserve the right to utilize materials created through your services for any purpose, including promoting our services via any medium.

15.1.10 Third Party

We may provide services directly or via a third party. Third-party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us, you must agree to this agreement and any agreement of our third-party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold us and the third party separately.

15.1.11 Terms/Representations

We offer this service at budgetprices on the basis that we deliver a budget service. For a premium level of service, a premium price would need to be paid. If you wish for a premium level of service, please contact us prior to making a purchase to ensure that this option is available.

Please note that this is not an archival service. It is your sole responsibility to maintain independent backup copies of your data. We expressly disclaim any liability or responsibility for any loss, damage, or destruction of designs, distribution lists, or any other content.

15.2 Refunds

15.2.1 Agreement

You expressly and irrevocably agree that:

• It is your responsibility to ensure that services are utilized to their full potential.

• It is your responsibility to ensure the appropriateness and compatibility of services that you are purchasing.

• You have ensured that the services you are purchasing are appropriate and compatible with your needs prior to making the purchase.

• We are not obliged to provide refunds or account credit for any service that is functional, as described, or of acceptable quality for the purpose for which it is provided by us. We reserve the right, subject to these terms, to offer you:

  • An account credit, or
  • A refund, only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable “rejection period” of the purchase application being made.

• We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via the purchase of any service(s) available on our website.

• We may choose, upon your request, to downgrade an account; however, no refund or account credit will be applied if it is outside the 72-hour rejection period and we have determined that the service provided is functional, as described, or of acceptable quality for the purpose for which it is provided.

• You are liable to pay any administrative costs incurred by us as a result of refunding any service within the 72-hour rejection period.

• Deposit/Cheque order cancellations will result in a credit being applied to your account or a surcharge being deducted from the refunded amount.

• Direct Deposit overpayments will either be returned via full account credit or through transaction reversal minus a surcharge.

• Your request for a refund will be denied where:

  • The service on the claim has been used illegally or outside the terms of service (e.g., spam, trojan, resource abuse resulting in a suspension, or any other way deemed inappropriate, including a website being compromised due to a vulnerability of an application installed by the user).
  • We believe you have breached your agreement with clauses 15.2.1(a), (b), and (c) in any way.
  • We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication.
  • We believe the request is fraudulent.

• We take no responsibility for any mistakes in application, whether on the advice of our staff, a third party, or your sole decision. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from services, and you have breached your agreement with clause 15.2 of these terms in any way whatsoever at any time after indicating your agreement to these terms.

15.2.2 Process of Claiming Refund

In order to claim a refund or account credit, you must clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the service was provisioned, as defined by the invoice creation date, or within 72 hours of the dispute occurring. It is your responsibility to ensure that we have receivedyour email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. Your eligibility for a refund or account credit is subject to clause 15.2.1 of this agreement.

Please note that account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via the purchase of any service(s) available on our website.

15.3 Suspension & Cancellation

You expressly and irrevocably agree that we reserve the right to suspend or cancel any/all services if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolution procedure, court order, judgment, findings, or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
• We deem your use of our services may jeopardize the operation of the service, us, or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to clause 15.2.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relation to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice.

Business Directory Terms

This entire clause 32 pertains to the Business Directory product.

32.1 Representations by us

32.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

• Any reliance you place on any representation(s) on other pages of the Site is subject to the terms and clarification specified in this Agreement, especially clause 32.1.2.
• You can only expect services in accordance with the terms of this Agreement.
• In the event of any inconsistency between the representation(s) on other pages of the Site and this Agreement, especially clause 32.1.2, the terms of this Agreement shall prevail over the representations, and your expectations of the service shall be limited to the representations in this Agreement.

32.1.2 Terms/Representations

During the term of this Agreement, you have the opportunity to create an entry for yourself, or for a third party, and publish this entry in various online business directories and online company directories on the Internet (referred to as “Media Presenters”). We, Rainbow Sites Pty Ltd, will provide each Media Presenter with the profile data saved by you that is in the data fields supported for publication by the relevant Media Presenter. The specific data fields supported for publication may vary among the Media Presenters, and we do not guarantee that the Media Presenters will always immediately apply this data in its entirety or in the exact form provided by you. The number and assortment of Media Presenters depend on the selected package and may change without affecting the validity and terms of this Agreement. The Media Presenters may collaborate with other partners operating online services to enhance the distribution of your content. These additional entries on partner sites are a voluntary additional service over which we have no control and may change or be discontinued at any time. If you create an entry for a third party, you represent that you have obtained all necessary consents from that third party for the use and publication of their data. You must ensure that you possess all necessary intellectual property rights, related rights, and other permissions, consents, and rights for all data and content included in your entry. You must ensure that all content and data included in your entry do not violate the rights of any third parties and can be published by us and the Media Presenters for the purposes of this service. Entries containing violent, insulting, defamatory, discriminatory, racist, erotic, or political content, or content related to tobacco, alcohol, drugs, weapons, and/or gambling, may not be provided to or published by the Media Presenters and are excluded from this service. When using this service, you will need to provide information for a number of data fields including data fields for your Business Name, Categories, Address, City, State, Zip, and Phone. In the event that those data fields are not populated, we, Rainbow Sites Pty Ltd, shall have the right to populate such data field(s) with relevant data, using reasonable discretion. In packages that include Facebook as an included publisher, we will create and administer a Facebook page for each location if you provide the administrative access to the account. You agree to comply with Facebook’s “Statement of Rights and Responsibilities” and any other applicable terms, conditions, and policies of Facebook. You indemnify, defend, and hold harmless Rainbow Sites Pty Ltd and its third-party providers for any failure to comply with the Facebook Terms. If you or your data or content fails to comply with the Facebook Terms, we have the right to suspend the provision of Facebook services until such failure is rectified and/or, if directed by Facebook, to terminate such services provided to you. We are not obligated to check your entries for possible legal violations. Rainbow Sites Pty Ltd and Media Presenters are entitled to edit your entry toadapt it to the content structure of the Media Presenter’s entries. You grant Rainbow Sites Pty Ltd a non-exclusive, worldwide, irrevocable, fully sublicensable license, at no charge and for an unlimited period of time, to save, duplicate, distribute, modify, display, and publish the entry in connection with the services provided by us. This license can be sublicensed and/or transferred for the purpose of publishing the entry.

32.2 Refunds

32.2.1 Agreement

You expressly and irrevocably agree that:

• It is your responsibility to ensure that services are utilized to their full potential.

• It is your responsibility to ensure the appropriateness and compatibility of services that you are purchasing.

• You have ensured that services that you are purchasing are appropriate and compatible with your needs prior to making the purchase.

• We are not obliged to provide refunds or account credit for any service that is functional, as described, or of acceptable quality for the purpose for which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:

  • An account credit; or
  • A refund; only in circumstances where a cancellation request has been filed within 72 hours, which is the reasonable “rejection period” of the purchase application.

• We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via the purchase of any service(s) available on our website.

• We may choose, upon your request, to downgrade an account; however, no refund or account credit will be applied if it is outside the 72-hour rejection period and we have determined that the service provided is functional, as described, or of acceptable quality for the intended purpose.

• You are liable to pay any administrative costs incurred by us as a result of refunding any service within the 72-hour rejection period.

• Deposit/Cheque order cancellations will result in a credit being applied to your account or a surcharge being deducted from the refunded amount offered.

• Direct Deposit overpayments will be returned via full account credit or transaction reversal minus surcharge.

• Your request for a refund will be denied where:

  • Service on the claim has been used illegally or outside the terms of service, including spamming, trojan usage, resource abuse resulting in suspension, or any other inappropriate actions, including compromising a website due to user-installed application vulnerabilities.
  • We believe you have breached your agreement with clause 32.1.1 in any way.
  • We have sent communication to you, and we do not receive a response within 1 week of sending such communication.
  • We believe the request is fraudulent.

• We take no responsibility for any mistakes made in the application, whether on the advice of our staff or your sole decision.

• You are liable for the costs we incur, including legal costs on a full indemnity basis, if you make any claim in connection with or arising from services, and you have breached your agreement with clause 32.2 of these Terms at any time after indicating your agreement to these Terms.

32.2.2 Process of Claiming Refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account creditis subject to clause 32.2.1 of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via the purchase of any Service(s) available at our website.

32.3 Suspension & Cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings, or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
• We deem your use of our services may jeopardize the operation of the service, us, or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff, and/or our suppliers.

Any suspension or cancellation is subject to clause 32.2.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relation to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice.
• Any amounts paid by you in advance are forfeited upon the termination of your account.

 

Reserves the right to suspend or terminate your access to this Service, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, to safeguard the integrity of the Service, us, and the terms of this Agreement. Such suspension, termination, or discretionary decision is made without any liability to you, and may occur under the following circumstances, including but not limited to:

• Breach of these terms;
• Misuse of the Service by you or any person using your account, with or without consent;
• Provision of incorrect information by you to us; or
• Reasonable grounds for us to suspect any of the above.

SEO Terms

This entire clause pertains to the Managed SEO services offered by Site Digital. We provide three different plans (small, professional, and premium) to cater to your specific requirements.

39.1: Minimum Term

Our SEO services come with a Minimum Term as specified in the order confirmation email you receive.

39.2: Activation

Once you have paid the applicable fees, work on your SEO campaign will commence.

39.3: Instalment Plans

If you have opted for an instalment plan, it is essential to make timely payments according to the monthly due dates mentioned in your quotation form. Failure to do so may result in temporary suspension of services.

39.4: Refund Policy

Please note that no refunds will be provided once work has commenced on your SEO campaign.

39.7: Blogs

Customers with a gold or platinum plan will receive one blog per month. For all other plans, our SEO team will evaluate the need for a blog and allocate billable hours accordingly.

39.8: Reporting

We will regularly provide you with reports on the progress of your SEO campaign.

39.9: Customer Acknowledgements and Responsibilities

39.9.1: Backlinks and Search Engine Ranking

By engaging our services, you authorize us to build backlinks through article writing and social bookmarking to improve the ranking of your website on specific search engines. Our focus is primarily on achieving favourable placement in Google searches (unless otherwise agreed), although other search engines and directories often derive results from Google.

39.9.2: Search Engine and Directory Policies

It’s important to understand that we have no control over the policies of search engines or directories regarding the types of websites or content they accept, both now and in the future. At any time, your website may be excluded from any search engine or directory at the sole discretion of the respective entity. We will resubmit web pages that have been dropped from the index, but we cannot guarantee acceptance by the search engine.

39.9.3: Submission Timelines

Please acknowledge that it may take three (3) to six (6) months or longer for certain search engines and directories to list your website after submission. Some search engines and directories may temporarily stop accepting submissions, and listings may be dropped without apparent or predictable reasons. In many cases, a listing may “reappear” without additional submissions. If a listing does not reappear, we will resubmit your website based on the current policies of the search engine or directory. Expedited listing services may be available from certain search engines and directories for a fee. You will be responsible for any expedited service fees unless otherwise stated and with your prior approval.

39.9.4: Website Changes and Maintenance

Please note that we are not responsible for any changes made to your website by parties other than our SEO team that may adversely affect the search engine or directory rankings of your site. We are not liable for errors made by third parties or your failure to maintain a backup of your website.

39.9.5: Access and Authorization

You must provide our SEO team with the necessary username and password to make changes to your website. Additionally, you should inform any relevant parties responsible for maintaining your website (such as a webmaster) that you have engaged our services for SEO work.

39.9.6: Submission Authorization

You are required to provide us with explicit authorization to submit your website to search engines and directories.

39.9.7: Website Changes Notification

Please inform us promptly of any changes made to your website.

Ecommerce Shopify and WooCommerce Terms

Ecommerce Shopify and WooCommerce Website Design and Development Agreement

This entire clause 15 pertains to the Ecommerce Shopify and WooCommerce website design and development services provided by our company.

15.1 Representations by Us

15.1.1 Application of Terms for Representations

By engaging in our services, you acknowledge and agree that:

• Any representations made on other pages of our website are subject to the terms and clarifications specified in this agreement, specifically clause 15.0.
• Our services will be provided strictly in accordance with the terms outlined in this agreement.
• In the event of any inconsistency between the representations on our website and this agreement, particularly clause 15.0, the terms of this agreement shall prevail over the representations. Your expectations of the service shall be limited to the representations in this agreement.

15.1.2 Services:

Our Ecommerce Shopify and WooCommerce website design and development services are offered as comprehensive solutions, combining the design and technical aspects required to create a fully functional online store. These services may be provided directly by us or through third-party suppliers. If third-party services are involved, they may be subject to specific agreements provided by them. By utilizing any service offered by us, you are required to agree to both this agreement and any agreements from our third-party suppliers. Our Ecommerce Shopify and WooCommerce website design and development services are provided online, allowing clients to establish and customize their online stores using the Shopify or WooCommerce platforms.

15.1.3 Creative Brief and Responses for Ecommerce Website Design and Development:

You are solely responsible for providing detailed descriptions of your creative briefs for the ecommerce website design and development, including any specific requirements, branding guidelines, desired features, and relevant deadlines.

We are not obligated to review or approve the creative or revision briefs for any purpose, including accuracy, completeness of information, quality, or clarity. We reserve the right, at our sole discretion, to deny a creative or revision brief.

Upon receiving a revision, it is your responsibility to review and provide feedback promptly. If you fail to notify us promptly that the revision does not meet the requirements outlined in the creative brief, it will be deemed as accepted.

If you notify us that a revision does not meet the requirements, you must submit a revision brief outlining the necessary amendments or modifications to the initial response.

15.1.4 Revisions for Ecommerce Website Design and Development:

The purpose of the revision process is to refine the design and functionality of your ecommerce website according to your specifications. You may request significant changes in the first and second revision cycles, and the responses generated may be quite different from the original design. However, requested revisions must be within the limitations of the Shopify or WooCommerce platform.

The included revisions are applicable to the initial design and development stages only, and any further revisions after the completion of design and development will be subject to additional charges at our discretion.

15.1.5 Design and Content Changes for Ecommerce Website Design and Development:

A design change request involves modifying the template or design elements of your ecommerce website, including theme colors, layout, typography, and visual elements. A content change request involves updating non-design-related content on the website, such as text, images, product descriptions, pricing, and promotional banners.

You are solely responsible for providing detailed descriptions of the design and content changes you would like on your ecommerce website, including all text, images, product information, and any other content, as well as any relevant deadlines.

We are not obligated to review or verify the accuracy, completeness, or quality of the text or images you provide.

Upon receiving a design or content change, it is your responsibility to review and provide feedback promptly. If you fail to notify us promptly that the change does not align with the original request, it will be deemedas accepted.

If you notify us that a change does not align with the original request, you must submit a change request outlining the necessary amendments or modifications to the initial change.

All requested changes for the Ecommerce website design and development are subject to the limitations of the Shopify or WooCommerce platform. The number of change requests allowed is determined by the purchased product, and any additional changes beyond that will be charged at our discretion. Upon renewal of the product, the same number of change requests as advertised will be provided, and any existing change requests will be forfeited. Please note that complete redesigns or rebuilds of the website may be offered at a premium rate at our discretion.

15.1.6 Maintenance and Support:

We offer ongoing maintenance and support services for your Ecommerce website, which may include regular updates, bug fixes, security enhancements, and technical assistance. The extent of maintenance and support provided will depend on the service package purchased, ordered, or maintained.

If allocated maintenance and support time is not fully utilized during the respective maintenance schedule, it will not be carried over to the next schedule. Should the required maintenance and support exceed the allocated time, you may purchase additional time allocation in 30-minute blocks. Unused additional time allocation is not carried over, and no refund will be issued for any unused allocation.

We require your cooperation and timely provision of necessary materials and information to perform maintenance and support tasks effectively. Failure to provide required materials or information may result in delayed or incomplete maintenance and support.

15.1.7 Content and Intellectual Property Rights:

For the Ecommerce website design and development, you are responsible for providing all content to be installed on the website, including text, images, product information, and any other media. You retain full ownership of the content you provide and are responsible for ensuring that you have the necessary rights and permissions to use and display the content on your website.

By providing the content, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content solely for the purpose of providing the design and development services to you.

We respect intellectual property rights, and it is your responsibility to ensure that the content you provide does not infringe upon any third-party rights, including copyright, trademarks, or other proprietary rights. You agree to hold us harmless from any claims or damages arising from the use of infringing content on your website.

15.1.8 Technical Information

We will provide technical information regarding the Ecommerce website design and development, including the recommended hosting environment, compatibility requirements, and integration options. It is your responsibility to ensure that you meet the technical requirements and provide necessary access to facilitate the design and development process.

Please note that the availability and compatibility of third-party plugins, themes, or extensions may be subject to their respective terms and conditions. We are not responsible for the functionality, performance, or support of third-party plugins, themes, or extensions. We attempt to use only third-party plugins/scripts & applications that we know are regularly maintained by their respective authors & of high quality. While we do our best to ensure these plugins are updated, we do not take any responsibility for any third-party software/apps, scripts or plugins or how they may impact your site.

15.1.9 Project Timeline and Deliverables:

We will provide an estimated project timeline and deliverables based on the scope of work agreed upon. While we make reasonable efforts to adhere to the timeline, unforeseen circumstances or factors beyond our control may impact the project schedule. We will communicate any significant delays or changes to the timeline promptly.

You agree to provide timely feedback and approvals during the design and development process to ensure the project progresses smoothly. Delays in providing feedback or approvals may result in a revised project timeline and additional charges, if applicable.

Upon completion of the Ecommerce website design and development, we will deliver the agreed-upon deliverables, which may include website files, database, documentation, and other related assets. Ownership of the deliverables will be transferred to you upon receipt of full payment for the services rendered.

15.1.10 Termination and Refunds:

Either party may terminate the Ecommerce website design and development agreement by providing written notice in case of a material breach by the other party. In the event of termination, any fees paid for services not yet rendered will be refunded to you, excluding any costs incurred for third-party services or materials.

If you decide to cancel the project before completion for reasons other than a material breach by us, you may be entitled to a partial refund based on the work completed and expenses incurred up to the cancellation date. Any refund will be determined at our discretion.

Please note that once the project is completed and delivered, no refunds will be provided, except as required by applicable law.

15.2 Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption arising out of or in connection with the Ecommerce website design and development services, even if we have been advised of the possibility of such damages. Our liability, if any, shall be limited to the fees paid by you for the specific services that gave rise to the claim.

 

These terms constitute the entire agreement between you and us regarding the Ecommerce Shopify and WooCommerce website design and development services and supersede any prior agreements or understandings, whether written or oral. Any amendments or modifications to this agreement must be in writing and signed by both parties.

By proceeding with the Ecommerce website design and development services, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.

Website Security

Your website will be kept secure using our complimentary SSL (Secure Sockets Layer) certificate with any plans you currently have with us. While we endeavour to keep your site secure, it is impossible to guarantee your site is immune to breaches or hacking. If you currently have a service with us and you are hacked, we will investigate the cause of the hack and attempt to repair the site of any malicious leftovers. Please note that it is your responsibility to choose a strong username and password for your credentials. We recommend you avoid any common names or passwords and do not share them with anyone. Site Digital accepts no liability or blame for this.

Moving Your Website Somewhere Else

If you would like to move your website somewhere else, we ask that you kindly give us 30-day notice. If needed, we will happily provide you with any website files and deactivate any plugins or development that is licensed to us unless otherwise agreed on. Please note this only applies to services that have been paid in full. Site Digital accepts no blame, liability or responsibility for websites that malfunction after they have been migrated from our servers.

Information Regarding Our Pricing, Packages & Services

Our monthly plans are charged a month after your first payment.

• 30 days’ notice is required to cancel your website plan.
• There are no lock-in contracts. However, upon cancellation, your website will also be terminated.
• You accept that if you choose any of our monthly plans, Site Digital cannot release the website or service unless you pay in full. This is in case you choose to move to another provider. You understand that Site Digital will be the Administrator of your website unless agreed otherwise.

Payment via credit, debit card, bank transfer or direct debit is only accepted.
• Included domain/s must be new through us. If you’re needing to transfer an existing domain from another register, a $75 transfer fee applies.
• All our pricing packages, terms and conditions may be subject to change at any time.
• Design revisions are for simple requests and are not for major design changes, new pages or integrations.
• We have the right to suspend your service for non-payment. After 90 days of non-payment, your website will be taken offline.
• All content is to be provided by you. However, DFY (done for you) content creation is an extra $500 which includes writing and images.

Affiliate Program Terms and Conditions

These terms and conditions ("Agreement") govern your participation in the Site Digital Affiliate Program ("Affiliate Program"). By enrolling in the Affiliate Program, you agree to comply with these terms.

1. Enrollment:

   - To become an affiliate, you must submit a complete application through our designated sign-up process. We reserve the right to accept or reject any application at our discretion.

2. Commissions:

   - Commissions are earned on qualifying purchases made by customers who follow your affiliate link. The commission structure and rates are outlined in the Affiliate Program documentation.

3. Payouts:

   - Commissions are paid out in accordance with the designated payout schedule. Payouts are processed after the referred customer's payment is confirmed and the project is successfully completed.

   - Payments will be made via bank transfer or PayPal, as selected by the affiliate. It is the responsibility of the affiliate to provide accurate and up-to-date payment information. Site Digital will not be held liable for any payment delays or issues arising from incorrect payment details provided by the affiliate.

4. Refunds and Chargebacks:

   - If a referred customer requests a refund or initiates a chargeback, the corresponding commission may be adjusted or forfeited. Affiliates will be notified of any adjustments.

5. Promotional Methods:

   - Affiliates are encouraged to use ethical and responsible promotional methods. Misleading claims, negative marketing, and unethical practices are strictly prohibited.

6. Branding Guidelines:

   - Affiliates must use Site Digital's trademarks and branding materials in compliance with our brand guidelines. Unauthorized modification or misuse of brand assets is not allowed.

7. Compliance with Laws:

   - Affiliates must comply with all applicable laws and regulations in their promotional activities. Any unlawful or deceptive practices will result in immediate termination from the Affiliate Program.

8. Termination:

   - Either party may terminate this Agreement at any time for any reason. Termination will result in the forfeiture of any outstanding commissions not yet paid.

9. Modifications:

   - Site Digital reserves the right to modify these terms and conditions at any time. Affiliates will be notified of any changes, and continued participation implies acceptance of the modified terms.

10. Confidentiality:

   - Affiliates agree to keep confidential any information provided by Site Digital, including but not limited to commission rates, customer data, and marketing strategies.

11. Indemnification:

   - Affiliates agree to indemnify and hold Site Digital harmless from any liabilities, damages, or expenses arising from the affiliate's marketing activities or breach of this Agreement.

By participating in the Site Digital Affiliate Program, you acknowledge that you have read, understood, and agreed to these terms and conditions.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see  PRIVACY POLICY

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Site Digital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rainbow Sites Pty Ltd or Site Digital and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

Our contact information is posted below:
Site Digital Pty Ltd
[email protected]
Level 6/488 Oxford St, Bondi Junction, 2022, NSW, Australia