Hosting Terms & Conditions

These terms and conditions are the terms on which we provide our hosting service to you and by placing an order, you are in agreement with and bound by the terms and conditions below.

  1. Definitions
    1. 1.1. “Customer” means the person/entity who ordered services provided by Digital Meal.
    2. 1.2. “Service, Service(s) or Services” refers to any product(s) or service(s) the customer has signed up to use.
    3. 1.3. “Additional Services” refers to any work, product or service that is considered an addition to the primary hosting service.
    4. 1.4. “Resource Usage” refers to any and all allocated resources provided to the customer within their hosting account. This includes but is not limited to disk space, Memory, CPU & Bandwidth.
    5. 1.5. “Subscription” refers to the monthly, quarterly, semi-annually, annually payment applicable to the purchased service.
    6. 1.6. “Service Provider or Net Virtue” refers to Net Virtue Pty Ltd. ACN: 152 900 260.
    7. 1.7. “Digital Meal” refers to Digital Meal ABN: 36 611 323 052
  2. Alteration of Terms and Conditions
    1. 2.1. Digital Meal may revise the terms and conditions of this agreement at any time. You will be given notice of any changes and then obliged to comply with the new terms & conditions as amended or cease using the Service.
  3. Acceptance
    1. 3.1. The customer signifies acceptance of these Terms and Conditions when they submit their hosting order to Digital Meal and that order is accepted.
    2. 3.2. Acceptance of terms and conditions continues until either the customer or Digital Meal terminates/cancels the service(s) and/or product(s).
  4. Availability of Services
    1. 4.1. While Digital Meal will strive to provide continuous availability of all service(s) to the customer, neither Digital Meal nor the Service Provider will be liable for any downtime or service interruptions. Scheduled maintenance will be performed at times to ensure services are kept up to date and should this scheduled maintenance require any services to be offline for greater than thirty (30) minutes, Digital Meal will post details of the scheduled maintenance.
    2. 4.2. Unscheduled maintenance may need to be performed and during this time the server or service(s) may be off-line. In these cases, Digital Meal will post details of the maintenance.
  5. Acceptable Use Policy
    1. 5.1. It is the customer’s responsibility at all times to:
      1. 5.1.1. Use the service(s) and product(s) in a manner which does not violate any applicable laws or regulations.
      2. 5.1.2. Respect the privacy of others
      3. 5.1.3. Use the service(s) and products in a way that does not interfere with other network users, services or products.
      4. 5.1.4. Respect the legal protection afforded by copyright, trademark, license rights and other laws.
    2. 5.2 It is not acceptable to use our service(s) or product(s) to:
      1. 5.2.1. Violate copyright or other intellectual property rights
      2. 5.2.2. Create, distribute, post, engage in or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, “spam” or “spamming activities”, denial of service attacks or deceptive on-line marketing practices.
      3. 5.2.3. Gain unauthorised access to any device, service, information or resources, including but not limited to any machine connected/accessible via the Internet.
      4. 5.2.4. Commit fraud.
      5. 5.2.5. Post, transmit, convey or spread defamatory, harassing, abusive or threatening language and/or messages
      6. 5.2.6. Engage in obscene speech or materials, including but not limited to advertising, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content, hate-related material or any other obscene speech or material
      7. 5.2.7. Damage, modify, destroy or try to gain unauthorised access to files, data, passwords, service(s), product(s) or resources of Digital Meal, other users or third parties
      8. 5.2.8. Any other action that Digital Meal deems unsatisfactory.
      9. 5.2.9. Digital Meal reserves the right to cancel/terminate any service(s) and/or product(s) associated with the customer and/or party engaging in any of the above activities.
  6. Up-time Guarantee
    1. 6.1. No provider can guarantee 100% server uptime, but the Digital Meal hosting service provides a 99.9% uptime guarantee. Servers, product(s) and service(s) must be brought down (offline) at times for maintenance and upgrades to ensure optimal performance. Digital Meal utilizes Net Virtue for its hosting service. You can find Net Virtues SLA (Service Level Agreement) here:
  7. Account
    1. 7.1. The account owner is established at the time the account is created. The details of the customer who orders the service(s) and/or product(s) will be considered the account owner. The details of the account owner must be that of a real person and any accounts containing false or “fake” details may be suspended/terminated without notice.
    2. 7.2. The customer who is the account owner warrants that any and all information provided to Digital Meal is correct, truthful, accurate and up to date. The account owner must be of or above 18 years of age and legally empowered to enter into this contract.
    3. 7.3. The customer/account owner is responsible for maintaining the contact information stored within their account. Failure to do so does not warrant the waiving of any fees, overdue fees or warnings issued by Digital Meal.
    4. 7.4. The account owner role can be transferred to another authorised contact or customer by contacting Digital Meal. To contact Digital Meal, click here.
    5. 7.5. When no active hosting or additional service(s)/product(s) are being operated on the account, the account will be deactivated.
  8. Payment
    1. 8.1. Upon commencement of the customer’s hosting service the monthly billing method for the hosting fees applicable to your hosting plan will be implemented.
    2. 8.2. Additional charges may be required for any of the following:
      1. 8.2.1. Excess traffic usage for each month (if any)
      2. 8.2.2. Excess storage for each month (if any)
      3. 8.2.3. Additional Services including but not limited to SSL certificates, email creation/support, hosting account support, domains etc that you require Digital Meal to perform.
    3. 8.3. The hosting fee for the customer’s hosting service will be billed at the start of each month. Fees for excess traffic usage, excess storage and additional storage will be billed at the time they are required and/or implemented.
    4. 8.4. Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Digital Meal. Digital Meal reserves the right to suspend/terminate any service(s) and/or product(s) if payment is not received in a timely manner.
  9. Warranties
    1. 9.1. Digital Meal shall not be liable to the customer for any harm, lost profits, direct or indirect, special or incidental, consequential or punitive, loss of business, loss of contracts, loss of profits, any economic loss whatsoever and damages of any kind related to the customer’s service(s)/product(s).
    2. 9.2. Notwithstanding anything else in this agreement, the maximum aggregate liability that Digital Meal, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the three months prior to the occurrence of the event(s) giving rise to the claim.
    3. 9.3. Digital Meal does not warrant that:
      1. 9.3.1. Any service(s) and/or products(s) provided will be uninterrupted or error free;
      2. 9.3.2. The service(s) and/or product(s) will meet your requirements, other than as expressly set out in these terms and conditions;
      3. 9.3.3. The service(s) and/or product(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access.
  10. Refunds
    1. 10.1. Refunds will be processed at the sole discretion of Digital Meal.
    2. 10.2. The following service(s) are not eligible for a refund if the service(s) have been successfully provisioned by Digital Meal or one of its suppliers:
      1. 10.2.1. SSL Certificates
      2. 10.2.2. Software Licenses
    3. 10.3. A full refund for the hosting service will be returned where the customer requests a closure of their account within thirty (30) days of signing up as a new customer. To request a cancellation of your hosting service, contact Digital Meal.
    4. 10.4. The customer will not be entitled to a refund if any of Digital Meal’s Terms & Conditions, Policies and Agreements have been breached by the customer.
  11. Cancellations
    1. 11.1. The customer can request cancellation of their account and/or service(s) by contacting Digital Meal.
    2. 11.2. The customer agrees to provide thirty (30) days notice of termination of their account and/or service(s).
    3. 11.3. The customer agrees to pay any outstanding invoices upon cancellation of their account and/or service(s).
  12. Suspension and Termination of Service(s) and/or Product(s)
    1. 12.1. Digital Meal may suspend or terminate service(s) and/or product(s) if:
      1. 12.1.1. The customer is found to be in breach of these terms and conditions;
      2. 12.1.2. The customer has become insolvent or bankrupt;
      3. 12.1.3. The customer has unpaid invoices.
    2. 12.2. Digital Meal may decide at its sole discretion to advise a customer that their account, service(s) and/or product(s) will be terminated/suspended by giving fourteen (14) days notice.
    3. 12.3. If a customer’s account, service(s) and/or product(s) are suspended/terminated for any reason, the customer must pay all outstanding invoices by their due dates.
    4. 12.4. Digital Meal is under no obligation to provide the customer with a copy of any data associated with their account, service(s) and/or product(s) if the account, service(s) and/or product(s) are terminated/suspended. Digital Meal may provide the customer with a backup of data (if available) at their sole discretion. Fees may apply.
  13. Management of Data
    1. 13.1. It is the sole responsibility of the customer to maintain regular offsite backups of their data. The customer will not hold Digital Meal liable for incomplete, out of date or corrupt data recovered from backups and archives.
    2. 13.2. Digital Meal will make every reasonable effort to backup and archive the customer’s data on a regular basis for the sole purpose of disaster recovery. Digital Meal is under no obligation to maintain a backup of the customers data for suspended/terminated accounts, service(s) and/or product(s).
    3. 13.3. Digital Meal holds no responsibility for any issues that arise during the use of third party services by the customer.
    4. 13.4. If the customer requires a backup of the data associated with their active account, service(s) and/or product(s), for any reason or purpose that is not the direct fault of Digital Meal, a fee of $99 inc GST will be payable by the customer before the data will be made available.

If you have any questions regarding these terms and conditions, please contact Digital Meal.