Digital World IT LTD Terms and Conditions

Terms of Service

1. Agreement

These Terms of Service (Terms) govern your use of web hosting, related infrastructure, and associated services (Services) provided by Digital World IT LTD.

By creating an account, placing an order, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you enter into these Terms on behalf of a company or other organisation, you represent that you have authority to bind that organisation.

2. Services

2.1 Scope

We provide internet hosting and related services, which may include (depending on your plan):

• Shared, reseller, VPS, or dedicated hosting (as offered on our website)
• cPanel / WHM-based hosting accounts (where applicable)
• Email, DNS, SSL, backups, and add-ons described at order time
• Access to the client portal at https://client.digitalworld.co.nz for billing, support tickets, and account management

Service specifications (disk, bandwidth, databases, email limits, etc.) are as described on our website or order form at the time of purchase.

2.2 No guarantee of uninterrupted service

We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, upgrades, network events, third-party failures, and force majeure may cause downtime. Scheduled maintenance will be announced where practicable.

2.3 Third-party services

Some features rely on third parties (payment processors, SSL authorities, software vendors). We are not responsible for third-party outages or policy changes beyond our reasonable control.

3. Account registration & security

You must:

• Provide accurate, current registration and billing information
• Keep login credentials confidential
• Notify us promptly of unauthorised access or security incidents affecting your account
• Ensure users you authorise comply with these Terms

You are responsible for activity under your account unless you have notified us of compromise and we have had reasonable time to respond.

We may suspend or terminate accounts with false, fraudulent, or outdated contact or payment details.

4. Acceptable use

You must not use the Services to:

• Violate any applicable law or regulation in New Zealand or any jurisdiction where your content is accessed
• Infringe intellectual property, privacy, or other rights of others
• Distribute malware, phishing, spam, or conduct unauthorised scanning or denial-of-service activity
• Host content that is illegal, defamatory, harassing, or promotes violence or discrimination (where unlawful)
• Mine cryptocurrency without our written approval
• Overload or interfere with our network, servers, or other clients (fair use applies to "unlimited" resources where advertised)
• Resell or sublicense Services except on plans explicitly permitted for resale

We may investigate complaints and abuse reports. We may suspend or terminate Services without refund where we reasonably believe Acceptable Use has been breached or risk is posed to our systems or other clients.

Resource use: Plans are subject to fair-use limits stated in your plan description. Sustained excessive CPU, memory, I/O, or email volume may require upgrade or suspension after notice where practicable.

5. Content & data

5.1 Your content

You retain ownership of content you upload. You grant us a limited licence to host, back up, transmit, and display your content solely to provide the Services.

You warrant that you have all rights necessary for your content and that it does not breach these Terms or applicable law.

5.2 Backups

You are responsible for maintaining your own backups. Our daily backups are not guaranteed and must not be relied on as your sole recovery method.

5.3 Suspension & removal

We may remove or disable content or suspend Services if required by law, court order, regulator, or reasonable belief of Terms breach, with notice where lawful and practicable.

6. Domain names

We do not currently offer domain name registration or management through our client portal. If we introduce domain services in future, additional terms and applicable registry policies will apply and will be communicated at that time.

You remain responsible for any domains you point to our Services (DNS configuration, renewal with your registrar, etc.).

7. Fees, billing & payment

7.1 Charges

All fees are charged in United States dollars (USD). Prices are as shown in the client portal or on your invoice at the time of order unless we agree otherwise in writing.

Recurring services renew automatically at the then-current USD price unless you cancel before the renewal date.

7.2 Payment

Payment is by credit or debit card through Stripe in the client portal. We do not accept other payment methods unless we agree otherwise in writing.

Card details are processed by Stripe; we do not store full card numbers on our servers. Stripe's terms and privacy policy also apply.

Failed payments may result in suspension after notice.

7.3 Late payment & suspension

If an invoice is overdue, we may suspend Services after reasonable notice. Reactivation may incur fees. We may charge interest on overdue amounts where permitted by law.

7.4 Price changes

We may change prices for renewals on reasonable notice. Changes apply from your next billing period after notice.

7.5 Refunds & cancellations

Fees are non-refundable except:

• Where a refund is required by law (including rights under the Consumer Guarantees Act 1993 where you are a consumer and those rights apply), or
• Where we agree in writing on a case-by-case goodwill basis after you contact support@digitalworld.co.nz

Requesting a refund does not guarantee one. Third-party pass-through costs (licences, certificates, etc.) are non-refundable once provisioned.

Cancellation takes effect at the end of the current paid period unless otherwise agreed. You must export your data before cancellation. We may delete account data 30 days after service ends.

8. Consumer and business clients

We provide Services to both consumers and businesses.

8.1 Consumers

If you acquire Services for personal, domestic, or household use, the Consumer Guarantees Act 1993 (CGA) applies. Nothing in these Terms excludes, restricts, or modifies your rights or remedies under the CGA where they cannot lawfully be excluded.

Our refund policy in section 7.5 does not limit remedies you are entitled to under the CGA when Services fail to meet guaranteed standards.

8.2 Business clients

If you acquire Services for business purposes and confirm you are not a consumer, you agree that:

• The CGA does not apply to the extent permitted by sections 5(2) and 5A of the CGA, and
• Sections 9, 12A, 15F, and 25 of the Fair Trading Act 1986 are contracted out of to the extent permitted by law

We may ask you to identify whether you are purchasing as a consumer or for business use at checkout or account registration.

9. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, consequential, special, or economic loss (including lost profits, data, or business interruption)
• Our total aggregate liability for any claim arising from the Services is limited to the fees paid by you for the affected Service in the 12 months before the event giving rise to the claim

These limits do not apply where liability cannot be excluded by law (including certain CGA remedies for consumers).

10. Indemnity

You indemnify us against claims, losses, and costs (including reasonable legal fees) arising from your content, use of the Services, breach of these Terms, or violation of law, except to the extent caused by our negligence or wilful misconduct.

11. Term & termination

Either party may terminate in accordance with these Terms. We may terminate or suspend immediately for material breach, non-payment, illegal activity, or risk to our infrastructure.

On termination you must cease use; we will delete or return data after any applicable grace period.

12. Changes to these Terms

We may update these Terms by posting a new version on our website or client portal with an updated date. Material changes will be notified by email or portal notice where practicable. Continued use after the effective date constitutes acceptance.

13. Governing law & disputes

These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.

Before formal proceedings, contact support@digitalworld.co.nz so we can try to resolve the matter in good faith.