These are the general terms and conditions of supply of the Diggy Australia Pty Ltd (hereafter "Diggy") products and services. Please read these terms and conditions carefully. These terms and conditions apply to any or all of the products and/or services provided by Diggy to you from time to time.
The Diggy products and services include domain name registration and renewal, web development, web design, database development, web site hosting, email services, spam filtering and virus protection, Internet Access, DiggyGuide Business Directory, Search Engine Optimisation, Online marketing, advertising on Diggy portals, Google Adwords, shopping cart services, secure ordering, supply of ADSL modems, supply of VOIP equipment, IT Support services and using the eBusiness Manager.
Domain Name Services
Domain name registration / renewal includes Melbourne IT Ltd fees which are valid for 2 years unless otherwise stated. The registering body sets Terms and Conditions for Domain Registration. It is ultimately the customer's responsibility for maintaining their own domain name/s and Diggy can not be held liable for losing ownership of the domain name, or loss of services due to expired domain name(s).
Payment of Domain Registration and Renewal Fees
All Registration and Renewal Fees are payable in full in advance and are non refundable. Diggy can never guarantee that your domain name registration application will be successful. If your domain name has expired or is close to the expiration date or if the registrar of your domain name is not Melbourne IT Ltd additional charges may apply to renew the domain name.
By submitting any application for a domain name to Diggy, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name. Any costs and renewal fees associated by asking Diggy to manage the domain on your behalf will be charged according to Diggy's renewal fees.
Web Site Implementation / Design
All costs quoted are approximate only based on Diggy's understanding of the requirements as outlined in communications between the customer and Diggy. Times and fees may vary due to items such as inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by Diggy due to unforeseen / unspecified circumstances. The customer is to pay for any completed work in full before any new jobs commence. If the customer destroys or tampers with the original website and requires fixing then Diggy shall repair or re-instate the website at the Diggy standard hourly rate. Diggy's assessment of allocation of Design and Development and Customer Support hours are final and not open to discussion or negotiation. All quotes are based on one design of the website by Diggy where a meeting will be set with the customer. In this meeting client can make as many changes as needed, Diggy will confirm these changes by email and will implement these changes, any changes after this will be done an hourly bases or on a new quote. When the final invoice for the order is issued to customer, the customer must inform Diggy in writing within 7 days of any discrepancies as otherwise the order is considered to be completed and all further amendments will be charge according to Diggy’s hourly rates.
Casual Orders is whereby a client has already signed the option for submitting small orders via email, fax or postal, and pre-selecting an automatic Direct Debit Payment Method. The Web Site Implementation / Design section above applies herein.
Web Development Pre-payment
For any development and / or custom web design work to commence, payment of 1/2 of the quoted total is required on signing of the Development Agreement. The balance is payable 30 days thereafter or upon completion of the project (whichever is sooner) unless otherwise agreed. Any deadlines or completion dates mentioned in any web development proposal or development agreement are indicative only and to be used as a guideline for progress.
Web Site Ownership
All web site development, design and copywriting by Diggy on behalf of a "customer" remain the property of the "customer" at all times once full payment has been received.
Website Development Hours
Website Development and design hours including marketing packages, are valid for a period of 6 months from the date of purchase.
All Web sites designed and developed are optimised for viewing in `Internet Explorer 6` or higher on PC or IBM compatible platforms unless otherwise specified. Unless otherwise stated Diggy will develop your website using our propriatory software eBM (eBusiness Manager). Content such as images, text and product information is able to be transferred, however any software applications including, but not limited to, eBM, shopping cart software, easyMarketer, WebEdit etc. are not able to be transferred to another provider. Only custom developed applications using PHP and MySQL databases are able to be copied and supplied to the client.
eBM supports Windows Internet Explorer 6 or higher on PC machines and is not designed for any other platforms including Macintosh machines.
Web Hosting / Internet Access
Web Hosting Fees
Web Hosting costs generated by the Web site and/or Email will be invoiced in advance and are payable 14 days from the invoice date. Extra Data Traffic costs are invoiced in arrears and are payable 14 days after the invoice date. Failure of payment will result in suspension of account.
Internet Access Fees
Internet Access Plans are invoiced in advance. Any extra hours or extra data traffic used is invoiced in arrears and is payable 14 days after the invoice date. Failure of payment or breach of Diggy's Acceptable Use Policy will result in the suspension of your account. Diggy reserves the right to charge a reconnection fee.
Extra Data Traffic Assessment
Diggy's assessment of Extra Data Traffic and extra Internet access hours is final and is not open to discussion or negotiation.
Reasonable use for a Web site with respect to data traffic and data storage is defined as, a business Web site for promoting and providing information on their products and services, extra data traffic costs may be incurred if the Web site's function is specifically for downloading or uploading files, is a portal, uses databases or data storage files. Diggy reserves the right to notify the customer in writing, of any extra data or storage charges it may need to charge with 1 months notice.
Variation to Ongoing Fees
Diggy reserves the right to vary any ongoing costs from time to time, including but not limited to, Internet Access, ADSL, ADSL2+ Web Hosting and Online marketing packages.
Web Hosting, Email and Internet Access Services
You agree that you are solely responsible for the back-up of your data, and any other files (including, without limitation, email files, eBusiness Manager Data and order information, your website content including product information, images, text, documents).
You agree that Diggy or Diggy's third party service providers may be required to perform maintenance to maintain the continuous operation of the services, which may affect the operation or functioning of Diggy's services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Diggy prevent us from doing so.
Acceptable Use for emails with respect to email traffic and email storage is defined as, business emails for promoting and providing information on their products and services and notifications of a business nature within the business and entites whom which the business deals with. To ensure that Diggy can supply the best possible service including a limiting of spamming and viruses, bulk mailouts and large data carrying emails, there are acceptable sending limits per email account in any one period. This will take into account acceptable limits relating to number of emails and number of recipients.
A disk quota limit of 50Mb per email account is allowed. If the disk quota is exceeded for a period of time, Diggy reserves the right to notify the customer to reduce the amount of data stored and the customer shall oblige.
Linking to Search Engines
Diggy cannot guarantee your Web site and or Web pages will be accepted and listed within the search engines. Diggy submits your listing to major FREE search engines unless specifically stated otherwise.
Diggy will try to improve the position of your Web Site in the Search Engine results in response to any search request, however Diggy does not warrant that this effort is in any way guaranteed. Diggy cannot be held responsible for any changes to the position of your Web Site in the Search Engines results, as a consequence of any work Diggy has performed on or for your website.
Any special accounts that are setup on behalf of a client, such as, but not limted to a Google Analytics or Google Adwords are not transferrable or accessable by the client at any time. Once the services are terminated with Diggy the account will not be accessable by the client.
Billing and Payment
Correspondence Email Accounts
It is your responsibility to ensure that you check and ensure that you are receiving Diggy correspondence email in the email address that you supplied to Diggy in the Client Agreement Form as this would be the primary method of communication between you and Diggy. It is your responsibility to clear out your Junk Mail folder and check for any Diggy correspondence. By not checking your email account does not disclaim you from paying your invoice outstanding amounts. Diggy is not responsible for checking your email accounts.Please refer to the Acceptable Use Policy on emails.
Payment of Setup, Reporting & Consultancy Fees
All Setup, Reporting & Consultancy Fees are payable in full in advance unless otherwise stated.
If you elect to pay by credit card, Diggy reserves the right to charge a payment processing fee which may vary from 1.00% to 3.25% depending on the credit card used, plus any applicable GST.
Invoicing of Ongoing Fees
Invoices for ongoing fees are delivered electronically via email notification. Invoices sent other than electronically, will incur a surcharge of $5.00 (excl. GST) per invoice issued, with the exception of any initial setup fee invoices.
If the customer has agreed on the Automatic Direct Debit Payment Method, it is the customer's responsibility to ensure that sufficient funds are available in order to avoid dishonored transaction fees. The customer is also responsible to provide Diggy with valid Credit Card details and Direct Debit Bank Account Details and keep their details up to date. The customer shall be charged a Declined fee for any transaction that returns as unsuccessful or declined.
The customer shall be charged for a Declined Fee of $11.00(incl GST) for any transaction incurring non-payment/declined status, including but not limited to, Direct Debit Credit Card and Direct Debit Accounts.
Recovery of Fees
You agree that in the event of any action being taken by Diggy to recover any overdue amount due to it under these terms and conditions, any Diggy Order forms, including but not limited to, the Diggy development agreement, online marketing agreement, ADSL agreement or hosting agreement, any costs incurred by Diggy in recovering the debt including, without limitation, any legal expenses, collection agency charges or any other reasonable associated costs incurred by Diggy are payable by you to Diggy.
A Reconnection Fee of $49.50(incl GST) shall be charged for Diggy to reconnect any previously deactivated services due to non-payment of account by the due date.
Post-Debt Collector Accounts
If your account had been in the care of Diggy’s Debt Collector Agency resulting in the outstanding amounts being settled and you still require Diggy’s products and services then you will be required to commit to Diggy’s Automatic Direct Debit Agreement in order for Diggy to service you further. Diggy reserves the right to refuse to provide any service to the customer who had/has a post-debt collector account without providing reason to the customer.
Suspension of Account
Failure of payment by the due date for any invoice shall result in de-activation of client website, email and internet access services. A reconnection fee shall be charged to re-activate those services.
In respect of any services which are directly attributable to Diggy to the extent that such services are provided by Diggy or supplied by third parties, Diggy warrants that it will use its best endeavours to ensure that such services are provided with due care and skill.
However, you acknowledge to, and agree with, Diggy, that nothing in these terms or conditions or any agreement with Diggy shall constitute an express or implied warranty or guarantee by any employee, agent, reseller of Diggy or its third party service providers:
1. that the Services will be uninterrupted, error free or not subject to delays (technical or otherwise)
2. that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Diggy or its third party suppliers
3. concerning the results or success that may be obtained from the use of the Services
4. concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services
5. that our virus protection services will stop every virus from reaching your computer network.
You warrant to Diggy that you will only use your assigned services including, but not limited to, your Web Site, email and Internet access for lawful purposes. You further warrant and undertake to us that, you will not, nor will you authorise or permit any other person to, use our servers and equipment in violation of any law or regulation, recklessly post or link to or transmit any material that is unlawful or otherwise objectionable in any way, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.
Diggy is not responsible or liable to return any material received from customers.
Diggy reserves the right to change these Terms and Conditions without notice to the Client. It is the responsibility of the Client to review Diggy's Web site periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on Diggy's Web site, following which, if the Client continues to use the service, the Client is deemed to have agreed to be bound by those amendments.
You agree to comply with the ADSL Terms and Conditions and Acceptable Use Policy which form part of these Terms and Conditions.
Quotation Expiry Date
Any quotations(except casual orders), proposals, or applications made and sent by Diggy are valid for only twenty-one(21) days from the quotation date or from the date the client received them, whichever comes earlier. Each quote is dependent on the supply of all informative content and graphics in an electronic format (i.e. Microsoft Word, Excel etc.) unless otherwise stated. Licences or payments for third party software or goods are not included unless specifically specified.
Termination of Services
The customer may, at any time, terminate any service by providing Diggy with one (1) month prior notification in writing for disconnection or cancellation of service/s. Therefore services will be cancelled at the end of the following month from date of receipt of disconnection or cancellation. All costs incurred up until this notification is received will be charged as outlined in this Agreement. Any Hosting fees, eMarketing Fees, SEO fees, ADSL, ADSL2+ or services paid in advance for that service which is being cancelled shall be forfeited. The customer needs to request for Deletion or closure of client accounts in writing and the client account must be fully paid with no outstanding amounts owing.
Diggy can, without the need to give any reason, terminate all services by providing the customer 30 days notice in writing via the agreed upon correspondence method, i.e. email or postal system.
You agree to keep your password and log-in details secure at all times, these include your email, website, Internet Access and eBusiness Manager username and passwords. You also agree to be responsible for when your account with Diggy is used and the actions people take using your services.
Upgrade to Services
You agree that Diggy or it's third party service providers may from time to time add, remove or vary any software with respect to the service/s, or otherwise add, remove or vary any functionality with respect to the Service/s. You hereby consent to these changes that may be undertaken by Diggy or it's third party service providers from time to time. Diggy will use all reasonable commercial endeavours to provide you with 30 days' notice of any change to services that would constitute a non-backwards compatible change.
Limitation of Liability
You agree that neither Diggy nor its third party providers shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Diggy or its third party providers (as the case may be) has been advised of the possibility of such damages.
Diggy will not be liable in any way for your Content that is posted or linked to on your website or email, or loss of any of your Content or files (including, without limitation, email files) transferred either to or from you or stored or backed-up by you or any of your customers via the Services and/or any damage to or loss to your Content as a result of any request by you.
Diggy accepts no further responsibility for damages caused to customers other than to the value of payments made by the customer to Diggy in the preceding 12 months for that particular service.
Diggy also bears no responsibility for third party services.
Please review our Privacy Statement for full details of our use of personal data.