Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY

Welcome to the https://www.911digital.com.au Website and services provided and operated by 911 Digital

911 Digital (hereinafter, “911 Digital,” “we,” “us,” or “our”) provides WordPress hosting services, and other products and support through the 911 Digital website. Your use of 911 Digital Services is subject to the terms and guidelines set forth in these TOS (the “Terms of Service”). This TOS explains (i) what you can do when using our Services; (ii) the rights granted to you as a user of the 911 Digital Services; (iii) the rights 911 Digital retain when you do something which is not allowed when using the 911 Digital Services; and (iv) many other important terms. This Agreement is a legal contract between you and 911 Digital and it is important that you read it carefully. Should there be any clause or section you do not understand in this Agreement, please don’t hesitate to contact us.

Our Terms of Service (“Agreement”) also includes our Privacy Policy, Service Level Agreement and any other documents referred to by those agreements, form a whole, which governs any access to the 911 Digital services, whether you are a visitor, user or customer of the site.

 

Eligibility for Our Service

By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.

  • Welcome to 911 Digital website
  • Eligibility for Our Service
  • Who we Are
  • Disclaimer of Warranty
  • Purchasing a Subscription
  • 911 Digital Services
  • Account Registration
  • Payment for Services and Billing
  • Your Content
  • Storage and Security
  • Transfers
  • Applicable Legal Compliance
  • Acceptable User Policy AUP
  • Security Violations
  • Enforcement for Violations of our policy
  • Anti-Spam Policy
  • Customer Relations
  • Customer Support
  • Backups
  • Ownership
  • Copyright infringers and Complaints
  • Cancellation, and Refund Policy
  • 9% Service Level Agreement “SLA” Guaranteed
  • Changes to the Service
  • Your Liability to Us
  • Severability
  • Entire Agreement
  • Copyright License
  • Data Security
  • Governing Law and Jurisdiction
  • Jurisdiction-Specific Terms
  • Contact Us

 

Who we Are

911 Digital provides a WordPress Managed Hosting services, which have emerged as the best solution for websites seeking bundles of features backed with security. 

911 Digital is ideal for small to medium-sized businesses, high-traffic blogs and companies looking for specialized enterprise WP hosting. 911 Digital is more than just a hosting solution, 911 Digital saves manpower, time, and is fine-tuned for CMS, it is built to enhance website performance too.

 

Disclaimer of Warranty

The 911 Digital wordpress hosting services relies on a complex network of software, hardware, network services & providers of information. These services will require all the above providers to work together properly and simuntaneoulsy, however, not all of these service providers may be available, so the services may be limited to you sometimes, and we hope for your understanding and your continuous use means you agree to disclaim 911 Digital of any omission of services.

911 Digital is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of 911 Digital capability to directly correct. 911 Digital Customers are diverse and their websites and the function of those websites are diverse and 911 Digital cannot be held responsible for any service interruption due to Customer’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

 

Purchasing a Subscription

911 Digital is designed to act as a neutral provider for the provision of wordpress hosting services. To access our services, you are required to choose among our Hosting plans, and hit the “Buy Now” button via the 911 Digital website. 911 Digital reserve the right to suspend or cancel a customer’s access to any or all services provided by us if it is decided that the account has been inappropriately used. All shared hosting services are intended for the end-user only and may not be subleased, sold or given to third parties

Any products and services to be provided to customers will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, 911 Digital does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Customers agree to be responsible for frequently backing up their files on the 911 Digital system. 911 Digital cannot be held responsible for the deletion of users’ files, whether intentional or unintentional.

 

911 Digital Services

911 Digital provide various type of services, including wordpress hosting service, squarespace number, Wix service, Unbraco service, Ecommerce Services, SEO and Digital Marketing services, and Social media Services (“the Service”) to its Customers. 911 Digital reserves the right to refuse or terminate service to potential and/or existing customers at its own discretion.

 

Account Registration

To access the 911 Digital Services and features, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the 911 Digital Privacy Policy.

911 Digital may, in its sole discretion, refuse to provide or continue providing the 911 Digital Services to any customer or entity and change eligibility criteria at any time, including if you fail to comply with the 911 Digital TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.

 

Payment for Services and Billing

By entering into this TOS and using the 911 Digital Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing. All payments must be made in AUD and we Authorize stripe to collect and process customer payment on our behalf. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. 911 Digital reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

911 Digital use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. 911 Digital are not responsible for acts or omissions of the Payment Processors. You agree to pay 911 Digital, through the Payment Processors or as otherwise agreed to by 911 Digital, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies and you hereby authorize 911 Digital and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).

 

Your Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to 911 Digital that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to 911 Digital a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, 911 Digital does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

911 Digital exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through 911 Digital‘s computers, network hubs and points of presence or the Internet. 911 Digital does not monitor User Content. However, you acknowledge and agree that 911 Digital may, but is not obligated to, immediately take any corrective action in 911 Digital‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that 911 Digital shall have no liability due to any corrective action that 911 Digital may take

 

Storage Capacity and Security

Each plan has its own designated storage capacity, sessions and bandwidths; if a customer exceed the provided storage, sessions and bandwidths capacity 911 Digital reserves the right to automatically upgrade the Customer account to the applicable plan and Customer agrees to pay 911 Digital any extra charges incurred.

At all times, You shall bear full risk of loss and damage to Your hosting access and all of Your content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the hosting or any of Your content displayed, linked, transmitted through or stored on the 911 Digital service. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your service content; (ii) maintain independent archival and backup copies of Your service content; (iii) ensure the security, confidentiality and integrity of Your service content transmitted through or stored on 911 Digital services; and (iv) ensure the confidentiality of Your password. 911 Digital services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall service performance and 911 Digital shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by 911 Digital are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. 911 Digital shall have no liability to You or any other person for Your use of 911 Digital products and/or services in violation of these terms.

 

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting services save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge;

please contact a member of our Transfers department to receive a price quote. In no event shall 911 Digital be held liable for any lost or missing data or files resulting from a transfer to or from 911 Digital. You are solely responsible for backing up your data in all circumstances.

 

Applicable Legal Compliance

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Australia or the country in which you reside. The Services are controlled and operated by us from our offices within Australia (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Statement) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

 

Acceptable User Policy AUP

Your use of and access to this  911 Digital website and the Contents are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

  • Zero tolerance to Illegal Activity: we do not allow illegal activity on the Service. Each of your actions and contents posted or uploaded via the Service must not violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Australia or other countries)
  • No Fraud: we do not tolerate Fraud in any capacity
  • No Interference.You may not interfere with any other user’s ability to use or enjoy our Services.
  • No Bullying.You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
  • Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes on the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
  • Your Materials Must Be Lawful and Appropriate. You may not upload, post, or otherwise distribute or facilitate any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
  • Don’t Damage Our Services or Services. You may not post or facilitate the distribution of software viruses or any computer code designed to disrupt, damage, or limit our Services’ or obtain unauthorized access to our Services or Content or any data or other information of any third party.
  • No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information to transmit or facilitate the transmission of unauthorized or unsolicited advertising, junk or bulk Email, chain letters, or any other form of unauthorized solicitation.
  • Be Yourself.You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
  • No Criminal or Unlawful Conduct. You may not use our Services, Content, or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
  • Follow These Terms of Use and Conduct Rules. You may not take any action on or through our Services that violates any applicable law or these Terms of Use.

 

Security Violations

You may not use the 911 Digital Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Harmful Software. Content, software, or any other technology that may damage, interfere with, surreptitiously intercept, or expropriate any computer system, program, or data, including any viruses, malware, spyware, adware, Trojan horses, or worms.
  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.

 

Enforcement for Violations of our policy

911 Digital reserve the right, but have no obligation, to investigate any suspected violation of this AUP or misuse of the Services about which we have actual knowledge. In connection with such investigations, 911 Digital may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing, reviewing and preserving appropriate customer information consistent with applicable law. 911 Digital also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the 911 Digital AUP.

 

Anti-Spam Policy 

911 Digital is against and fight against the transmission of Spam, Spamware and other Spam Software or misuse of the wordpress hosting service. 911 Digital considers Spam to be any mass unsolicited messages.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind. Furthermore, a fine of one-hundred (100) AUS dollars will be imposed for each spam policy violation. 911 Digital is the sole arbiter as to what constitutes a violation of the above provisions.

 

Customer Relations

911 Digital strive to provide you with courteous, professional, and technically accurate support. Although 911 Digital understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. 911 Digital ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

 

Customer Support

If you experience problems in respect of the Website and/or services you should refer your complaint to info@911digital.com.au, who will use reasonable endeavors to resolve the problem as soon as possible.

 

Backups

911 Digital keeps backup of all files and databases. 911 Digital keeps daily and weekly backups for the web hosting Customers.

Customer agrees to use 911 Digital’s backups on his own risk. 911 Digital doesn’t guarantee the existence of backups at all times and recommends the Customer to store their own backups at all times.

 

Ownership

The Site, Services and 911 Digital Contents are protected by copyright, trademark and other laws of Australia and foreign countries.

 

Copyright Infringers and Complaints

911 Digital stand against anyone who is infringing upon another intellectual property. We are strongly against the exploitation of someone else’s Copyrights. 911 Digital have set out the following policy under The Australia Copyright Act 1968 (Cth) (Copyright Act):

If 911 Digital has a good faith belief that any content (including User Content) appearing on its services violates any copyrights or has been illegally copyrighted. In that case, 911 Digital reserves the right to remove, block, or otherwise ‘takedown’ the content. 911 Digital also reserves the right to remove from the services any Users, or other parties, who are repeat offenders of this Copyright policy

 

Cancellation, and Refund Policy

911 Digital provides 100% refunds to make our Customer happy regardless the reason for cancellation. But to enjoy our 100% refund policy you are required to send in your refund request via our Customer department email address, atleast fourteen days (14) days after your payment is confirmed by us. Please be aware that there will be a non Refund administrative fee for every approved refund process, and it will be deducted before refunding your purchased amount.

This Refund administrative fee is compulsory and non refundable. If you engage in any fraudulent activity through or in relation to the Website or our services (e.g. by placing orders using a stolen credit card’s information), we will immediately terminate your account with us; no exceptions and no refunds will be made.

 

99% Service Level Agreement “SLA” Guaranteed 

911Digital offers its Customer a 99% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running with problem free maximum uptime. 911Digital will try to maintain maximum uptime at all times. 911Digital is not responsible for any downtime caused by the Customer or any provider’s hardware or network malfunction which is outside of 911 Digital capability to directly correct. If you have any problem with this SLA please send us a message

 

Changes to the Service

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.

 

Your Liability to Us

You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly).

 

Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Entire Agreement

This Agreement is the entire agreement between the user and 911 Digital and supersedes any prior understandings or agreements (written or oral).

 

Copyright License 

Copyright (C) 2021(S) 911 Digital website and services.

Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in  911 Digital.  911 Digital website and the material on our  911 Digital website; and services.

 

Data Security

911 Digital takes reasonable steps to protect the information provided via the Website from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Website you agree to be bound by that policy.

However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet.

 

Governing Law and Jurisdiction 

This TOS and 911 Digital services shall be governed by and construed in accordance with all laws of the court of Sydney, NSW Australia. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this TOS.

 

Jurisdiction-Specific Terms 

USA. If you are using our Services in USA, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the United States law. You and we both agree that the United States Courts will have exclusive jurisdiction.
  • Parental and Guardian Consent. If you are over the age of 13 but under the age of 18, you declare that you had the consent of your parent or legal guardian to use the Services or to register an account on the Services.

Hong Kong. If you are using our Services in Hong Kong, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.
  • You agree to be bound with the Hong Kong High Court, and The Hong Kong Personal Data (Privacy) Ordinance (the “PDPO”) Directives.

Canada. If you are using our Services in Canada, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • Accepting the Terms. By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy.
  • Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way User Content that:
    • is obscene, pornographic, paedophilic;
    • is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
    • harms minors in any way;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

United Kingdom. If you are using our Services in the United Kingdom (“UK”), the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • Accepting the Terms: By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms, the additional terms herein and provide your consent to be bound by these Terms, the Privacy Policy, and all other policies or agreements referred to herein.

Australia. If you are using our Services in Australia, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.

New Zealand. If you are using our Services in New Zealand, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.

European Union Areas EEA. If you are using our Services in the European Union Areas EEA, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

  • If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.
  • You also agree to comply with the European Union General Data Protection Regulation Directives to use the 911Digital website and services.

 

Contact Us

If You Have Any Questions about These Terms & Condition, Please Contact Us at Email the info@911digital.com.au