Web Hosting & Security Services
Terms and Conditions

Welcome to Digital Elements. By purchasing or using our web hosting and security services, you agree to the following Terms and Conditions (“Terms”). Please read them carefully.

1. Services Provided

• Digital Elements provides web hosting and related security services as described in your service plan or quotation.
• Unless otherwise stated, your hosting package includes core server management, essential server-based security features, and responsive local customer support, as part of the plan we allocate based on your website’s size and needs.
• Optional add-ons (e.g. security updates) are charged separately.

2. Account Setup & Management

• Accounts are activated upon receipt of full payment.
• You are responsible for maintaining up-to-date contact and billing information.
• If you suspect unauthorised use of your account, notify us immediately.

3. Fees, Invoicing & Payment

• Fees for web hosting and related services are invoiced annually in advance on July 1. The annual fee covers the service period from August 1 to July 31.
• Payment is due within 14 days unless otherwise agreed in writing.
• Failure to pay may result in suspension or termination of services. We will provide at least 7 days’ notice before suspension.
• Refunds are provided in accordance with Australian Consumer Law and our Refund Policy (see below).

4. Service Level & Support

• We aim for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be notified in advance.
• Support is available to all clients via our secure online support portal or the contact form on our Contact Us page. Response times are within 1 business day for standard requests and within 4 hours for critical outages.
• We maintain multiple levels of backup for your data, including daily backups on our server and regular offline backups. Restoration services may incur additional fees.

5. Security & Data Protection

• We implement industry-standard security practices, including firewalls, malware scanning, and SSL support.
• Optional security update subscriptions are available for enhanced protection.
• You are responsible for maintaining secure passwords and safe data practices.
• In the event of a data breach, we will notify affected clients as required by Australian law.

6. Privacy

• Our Privacy Policy  explains how we collect, use, and protect your data.
• By using our services, you consent to our privacy practices.

7. Acceptable Use Policy

• You may not use our services for unlawful purposes, including but not limited to spamming, hosting illegal content, or infringing on intellectual property rights.
• We reserve the right to suspend or terminate accounts in violation of this policy.

8. Termination & Suspension

• You may cancel your services at any time by written notice. We will remove your website from display within 48 hours of receiving your request. Prepaid fees are non-refundable except where required by law.
• We may suspend or terminate services for non-payment, breaches of these terms, or unlawful activity, with written notice.
• Upon termination, you are responsible for downloading all data. We may permanently delete data after 30 days.

11. Website Security Update Service

• Our Website Security Update Service is an optional, but highly recommended, add-on for all hosting clients.
• This service includes proactive manual security checks and updates performed twice a year, as well as prompt responses to any critical published security threats.
• Clients subscribed to this service receive free access to our support team for minor website-related requests, including minor technical matters and troubleshooting basic issues.
• For websites not subscribed to this service, we reserve the right to suspend or discontinue hosting if a site becomes outdated or poses a risk to the security and stability of our hosting environment.
• Choosing not to maintain up-to-date security may result in the removal of your site from our servers, with advance notice, to protect all clients on our platform.

12. Limitation of Liability

• To the maximum extent permitted by law, Digital Elements is not liable for any indirect, incidental, or consequential damages.
• Nothing in these Terms excludes or restricts consumer rights under the Australian Consumer Law.

13. Amendments to Terms

• We may update these Terms from time to time. Updated terms will be posted on our website and emailed to clients.
• Continued use of services after changes take effect constitutes acceptance.

14. Governing Law & Dispute Resolution

• These Terms are governed by the laws of Queensland, Australia.
• These Terms are governed by the laws of Queensland, Australia. If you have a dispute, please contact us first so we can resolve the matter without unnecessary escalation.

15. Contact