Terms and Conditions
By signing-up to our service, you are legally bound by these terms. If you do not agree with these terms and conditions you may not use the service.
Digital One Media Monthly Websites terms and conditions
You the client (“Client”)
Digital One Media Pty Ltd, the company (“Company”).
- The Client has a need for services; and
- The Company has an interest in performing such services for the Client; and
- The parties wish to set forth the terms and conditions upon which such services will be provided to the Client.
Both parties agree as follows:
Description of the Services
The Company will provide services available in the chosen plan the Client has signed up for.
The person signing up for the website plan will automatically be assigned as the sign off person and is the only person authorised to request changes or cancel the contract. If the Client wishes to give another person this authority too, the Client will need to contact the Company with their name and email address and the Company will add them to the approved list.
If the Client no longer wishes for this additional person(s) to have this authority it is the Client’s responsibility to inform the Company.
The Client agrees to provide the Company with a direct debit mandate and authorises the Company to deduct payments of the current monthly and/or annual costs as published on the Company’s website. The bank account must be registered in the Client’s name or business.
There will be no refund or credit for partial months or years of service. Costs are chargeable and shall be payable until an account is terminated or cancelled by either the Client or the Company.
The Company may increase the prices at any time by giving the Client not less than 1 months’ notice provided that the increase does not exceed 25% of the prices in effect immediately prior to the increase. The company will not increase pay monthly prices more than 25% within a 12 month period.
- Upfront costs to be paid immediately via Bank, Paypal or Payfast.
- The monthly payment will be taken on the same date each month.
- The first monthly payment to be paid no-later than 7 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).
Suspension of service
The Company has the right to stop providing services or suspend services if payment is not received within 7 working days from the day the invoice was generated. If the missed payment has still not been received within 30 days the Company has the right to delete the website from their servers to a point that it can not be restored.
What is classed as a content update?
A content update is a change to existing content and pages only, with the exception of news and blog articles which will be added as new pages. Any additional page requests after the website has launched will be chargeable (unless specified otherwise by the Company).
Any content provided must be owned by the Client and not infringe on any copyright laws.
The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright trademark or design.
Intellectual Property Rights
All website files hosted by the Company will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is cancelled.
Any website design or template created by the Company will remain the property of the Company before, during and after the contract. In effect, the Client will be leasing the website from the Company.
If the Client wishes to purchase the rights to a website created by the Company, this will be at the discretion of the Company.
Custom Web Design Add-on
If the Client has purchased the ‘Custom Web Design’ add-on during the original purchase, the Client will own the rights to the associated website design and template.
Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.
Any domain names purchased by the Company for the Client will be the property of the Company and will remain so even if the contract is cancelled. The transfer of ownership to another supplier of the Clients choosing will be at the discretion of the Company.
Any email service provided by the Company will cease to exist if the contract is cancelled by either party. Access to any data related to email accounts such as emails, contacts and appointments will be erased. The Client is responsible for taking their own backups and archives of email. The Company can not he held responsible of any loss of data.
Existing Domain Names & Email Addresses
In the event that the Client already has a Domain Name and/or Email Address setup, which are then transferred to the Company to manage, the Company can not be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. It is the Clients responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.
Domain name renewals
If the client has registered their own domain(s) using their own account (domain control panel), it is the clients responsibility to manage their domain(s), and not the company. This includes any payments and renewals via the relevant domain registrar.
Domains that have been registered by the company, or domains that have been transferred to the company’s account, will be managed by the company.
The Client must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If the Client does, the website will be taken down with immediate effect and all associated files will be deleted without warning.
Termination and notice
- Upfront costs are non-refundable
- The Client may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The Client must give 30 days’ written notice to the Company.
- The Company can terminate this agreement at any time and must give 30 days’ written notice to the Client.
- The Client will be charged a reasonable admin fee for a domain name transfer to a third party. Any external costs will be payable by the Client.
- No export or transfer service is available to another third party provider or to the Client directly. In effect, the Client will be leasing the website from the Company (if the Client wishes to purchase the rights and ownership to a website created by the Company, this will be at the discretion of the Company).
Limitation of Liability
In no event will the Company be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.
- In this relationship the Company is the Data Processor and the Client is the Data Controller. The Client has GDPR related responsibilities and is responsible for putting processes in place where necessary. For more information read the ICO Guide to General Data Protection Regulation
- The Company – the data processors will only act on the documented instructions of a controller (The Client)
The parties are independent and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
The Company shall not be liable for any failure to perform under this Contract when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary for both Company and Client. If the delay remains in effect for a period in excess of 60 days, the Client may terminate this Contract immediately upon written notice to the Company.
The Company will keep all original artwork and digital files prepared in connection with the project and are allowed to use them for promotional purposes without prior permission from the Client. For example, but not limited to, on their portfolio site and or related social media accounts.