Terms and Conditions

General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Divine Digital, the company who owns and operates webbie.com.au (“Divine Digital”, “webbie.com.au”, “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://webbie.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 a custom designed WordPress template, website hosting, email hosting, and general website maintenance services for the duration of the service term purchased from webbie.com.au. 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 transfer fee.

Website and Email Hosting

Email hosting is included as part of your web hosting. Therefore, if you wish to discontinue the website Services from webbie.com.au, 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.

Webbie.com.au’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. 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 webbie.com.au Subscriber websites. Hosting companies chosen are reputable and Australian based providers in order to offer the best performance and service to webbie.com.au 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.

Divine Digital via webbie.com.au will also add your email address to our community newsletter subscriber list, to send you small business tips, promotions and may on occasion contain advertising from third parties.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All services will renew at the regular renewal rate after the promotional period has ended.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default webbie.com.au error page. This error page informs visitors that the web page they are looking for cannot be found.

Website Theme

Divine Digital via webbie.com.au provides Subscribers with a pre-designed and pre-developed website on WordPress. The website themes have been solely designed and developed by Divine Digital using the WordPress CMS. The website designs and code are owned by Divine Digital, and any reproduction, modification, creation of derivative works from or redistribution of the theme is expressly prohibited. The theme, templates, website files and source code are considered to be the property of Divine Digital.

Divine Digital does not claim ownership, and is not responsible for any of the information, data, text, software, photographs, pictures, graphics, videos, messages, files or other materials (“User Content”) added to the Subscribers website once handover of the site has occurred. The Subscriber is entirely responsible for all Content uploaded, posted, emailed or transmitted via their website.

All Content is non-transferable and Divine Digital will not assist any Subscribers with any reproduction, recovery, or distribution of any Content once the website is supplied to the Subscriber.

Upon service cancellation or termination for any reason, access to the WordPress website, including all Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the website, will be removed by Divine Digital.

In the event of a dispute regarding any Image used on your website after handover has occurred, you hereby release Divine Digital, its directors and owners, from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. Divine Digital is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.

You may use the Images on your website provided by Divine Digital via webbie.com.au, for as long as you wish, as they are all sourced from license free stock imagery resources, which do not require crediting of the originator.

Logo

Divine Digital via webbie.com.au provides Subscribers with the option to have a logo created for their business, using the business name provided by the Subscriber. The logo design will best reflect the business type based off the information given by the Subscriber at the time of purchase. Specific colours may not be used, and certain colours will only be used if requested by the Subscriber in the Additional Notes section of their order, but will otherwise use the colours chosen for the website by the Subscriber.

As the logo is created as an inclusive service offering, no feedback or changes can be made once the logo is created. Divine Digital has provided the option to the Subscriber to not use the created logo should the Subscriber not want to use it, and instead can be replaced with a text only version of the business name.

The Subscriber can upload any logo they wish at any time once the site is handed over. No refunds will be given in relation to the logo as it comes as an inclusive option along with the website, website hosting, email hosting and domain name (if applicable).

Divine Digital pass over ownership of the logo once the site has been handed over to the Subscriber, allowing modification and reproduction of the logo. The logo designs will match the quality and standard of the example logos shown in the Webbie websites on the example sites page, as well as the example logos on the order form.

Domain Name Registration

Divine Digital offer .com.au only domain name registration and renewal Services, and process the purchase of and renewals via a third party domain registration company chosen at Divine Digital’s discretion. Divine Digital hold the right to choose any domain name registration company to purchase a domain on behalf of the Subscriber.

Subscribers who have opted to have a domain name purchased understand that the domain name is the property of Divine Digital for the duration of the subscription.

Domain name ownership can be handed over to the business owner for a transfer fee of AU$35 at any time or upon cancellation of Services. Subscribers need to submit a ‘Transfer Domain’ request on webbie.com.au and pay the transfer fee before the transfer is initiated. Once Webbie have initiated the transfer, the Subscriber will receive an email notifying them of the ‘Change of Registrant’ application, and will need to follow the instructions to complete the transfer.

Upon cancellation of Services, if the domain name does not need to be handed over, the domain registration will expire upon the renewal date (a year after it was purchased on behalf of the Subscriber), at which point it will become publicly available again.

Subscribers who wish to purchase a .com, .net, .org, .biz, .mobi, .tv or other non .com.au domain are recommended to do so individually. Divine Digital only offer Subscribers via webbie.com.au .com.au domain names at this stage.

In addition to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective domain name registration companies. Divine Digital cannot guarantee the successful purchase of their chosen domain name between the Subscriber completing their subscription and payment transaction on webbie.com.au, and the time Divine Digital processes the subscription, including purchasing the chosen domain from the third party provider. If the domain name is not available between this short period, Divine Digital will contact you to discuss alternative options.

Service Fees / Payments / Invoices

All webbie.com.au fees and charges are quoted and billed in Australian Dollars. All fees and charges quoted and billed are inclusive of GST.

Webbie.com.au uses a secure online payment processing system and accepts all major credit cards. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees.

The initial one-off Subscription fee(s) is/are due at the time of your initial order, and every subsequent year on the day your website went live for ongoing website/hosting and domain renewal (if applicable). All fees must be paid in full.

Divine Digital may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

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.

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

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

Cancellation / Refund Policy

Divine Digital may terminate your Service with webbie.com.au 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 webbie.com.au or Divine Digital business operations or affects any other party

All Subscriber data is removed from Divine Digital and webbie.com.au servers for such terminations.

You may request to Cancel your Subscription or Transfer your Domain at any time by visiting our Contact Us page on our website and filling out the relevant form: https://webbie.com.au/contact-us

When submitting your ‘Cancel Subscription’ request, you must provide the correct email and domain name for your website for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

All subscription cancellations will be processed within 7 days upon receipt, and Subscribers will not be invoiced for any additional annual renewal fees.

When purchasing a Subscription, once the Subscription application and payment has been submitted via webbie.com.au no refunds will be given, as domain purchase (if applicable) and development of your site will likely have commenced immediately upon receipt.

Subscriber Responsibility

When you purchase a Subscription to a webbie.com.au website, you will be supplied with a Username and secure Password to access your website. You acknowledge and agree that it is your responsibility to safeguard the username and password from any unauthorised use. In no event will Divine Digital be liable for the unauthorised use or misuse of your username or password.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. Subscribers will receive notifications if credit cards are due to expire automatically from the payment service. Divine Digital does not take responsibility for the sending of these notifications as they are sent from a third party provider.

Prohibited Conduct

Website.com does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the Website.com network or promoting information on websites hosted by Website.com will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Australian laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behaviour prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
• Content that condones, promotes, contains, or links to cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Webbie subscription will result in immediate account suspension.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Webbie service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).

Reselling Subscriber Services

Reselling any of the Subscriber websites or Service’s resources is strictly prohibited. Any accounts found to be reselling websites or resources will immediately be suspended, with or without notice, including suspension of all re-sold websites if applicable.

Webbie.com.au’s Websites and Email are hosted in a shared hosting environment. Any Subscriber found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Divine Digital’s web administrators. These Subscribers will then be asked to consider Dedicated Server services. Serious offences will result in the account service suspension or termination, with or without notice.

Notices

You agree that, unless other instructions are posted on webbie.com.au’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email to each of the parties in accordance with the most current contact information you have provided to us. All notices are effective upon transmission of the email.

Privacy

The webbie.com.au Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The webbie.com.au Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://webbie.com.au/privacy-policy/

Email newsletters will only be sent directly by Divine Digital to all Subscribers and Email Newsletter subscribers via webbie.com.au. Subscriber information will not be disclosed or sold to any third parties.

Reservation of Rights

Website.com reserves the right and sole discretion to:

• Censor any website hosted on its servers that is deemed inappropriate.
• Review any account for excessive space or bandwidth utilisation and to suspend service to those accounts that have exceeded allowed levels.
• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Webbie.com.au or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
• Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Webbie.com.au determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Divine Digital via webbie.com.au makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Divine Digital is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by webbie.com.au.

In no event will Divine Digital be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Divine Digital, its directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall Divine Digital be held liable for any damages or economic loss, whatsoever, as a result of notifying any law enforcement personnel of potentially illegal content on your website, or for providing copies of your data files or website content to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Indemnification

You agree to indemnify and hold Divine Digital, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Divine Digital with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Force Majeure

Divine Digital will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of Australia.

You may be subject to other local, state, territory and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority

Divine Digital does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

This Agreement may be updated from time to time and posted at https://webbie.com.au/terms-and-conditions/, which represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.