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Terms and Conditions

General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Divine Digital (“Divine Digital”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Divine Digital and the individual or entity who purchases and subscribes to our service (“Purchaser”, “Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and purchase and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Divine Digital may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Divine Digital believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Divine Digital may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://divinedigital.com.au/terms-and-conditions. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Services

Divine Digital offers Subscribers website hosting, email hosting, and general website maintenance services for the duration of the service term purchased from Divine Digital. Domain name registration is also offered to Subscribers who requested it as part of their Subscription.

Services are provided on the basis of facility, equipment and third party domain and hosting availability. Divine Digital reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the website and email account is terminated upon expiry of the Service. Domain name ownership can be handed over to the business owner for a $55 transfer fee.

Website and Email Hosting

Email hosting is included or optional as part of your web hosting. Therefore, if you wish to discontinue the website Services from us, your email account will also be cancelled and your email account will no longer be accessible immediately upon cancellation of your Subscription.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the yearly renewal date set out from the beginning of your Subscription.

Divine Digital’s email service provides Subscribers with the capability to send and receive email via Webmail. Your email account has a limit of 250mb and email will no longer be able to be sent and received if your email hosting limit is exceeded, unless another agreement of mailbox size and additional fees have been agreed. Divine Digital retains the right to limit of the mailbox capacity in order for it to not exceed the stated hosting space offered as part of the yearly Subscription cost.

Website and email hosting is provided by a third party operator, chosen by and used at the sole discretion of Divine Digital for Subscriber websites. Hosting companies chosen are reputable and Australian based providers in order to offer the best performance and service to Subscribers. Divine Digital hold the right to change hosting providers at any time they deem it necessary and Subscribers will be advised prior to the change in order to make them aware of any possible downtime. Divine Digital are in no way responsible for any downtime that may occur on their websites due to the third party hosting company conducting their own maintenance or an outage.

Service Fees / Payments / Invoices

All Divine Digital fees and charges are quoted and billed in Australian Dollars.

The first year of hosting is due the day your website goes live, and every subsequent year on the day your website went live for ongoing website hosting renewal. All fees must be paid in full by due date.

Billing inquiries and disputes should be brought to Divine Digital’s attention within 14 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any disputes in writing are received for your account, services provided to you may be immediately suspended pending investigation. Where applicable, Divine Digital reserves the right to put your website offline until the dispute has been resolved.

Accounts will be suspended if its Service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of a Website Reactivation Fee of AU$25.

Divine Digital reserves the right to modify service fees and rates, effective upon notifying Subscribers via email, posting on the divinedigital.com.au website and on this Agreement.

Cancellation / Refund Policy

Divine Digital may terminate your Hosting Service under the following circumstances (non-exclusive list):

Non-payment of fees
You are in breach of any term or condition of this Agreement
Your use of the Service disrupts Divine Digital business operations or affects any other party

You may request to Cancel your website hosting Service at any time by notifying us in writing directly via email or via our Contact form.

All subscription cancellations will be confirmed back to you in writing acknowledging that hosting will be terminated on the date the annual renewal was due. There are no refunds on outstanding hosting period.

When the renewal date arrives, your website will be taken offline permanently.

Request to move website hosting Services

Should you wish to change hosting Services away from Divine Digital whilst retaining your existing current website files, you must request this in writing and allow 7 days for the transfer of the files. A fee of $75 is due in full before the website files will be moved over. We will provide a zip file of your website via email. It is your responsibility to put your website live onto your new hosting.

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