Terms of service

Introduction

 

  1. By signing up for Everything Digital services (Services) or any of the services offered by Everything Digital you are agreeing to be bound by the terms and conditions set out below (Terms of Service). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by going to the Everything Digital website. Everything Digital reserves the right to update and change the Terms of Service by posting updates and changes to the Everything Digital website at any time. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and by continuing to use the Services you will at all times be deemed to be bound by the most current Terms of Service.
  2. Please read the Terms of Service as they detail your legal rights and obligations.

Contracting Parties

 

  1. Everything Digital is the contracting party for the purposes of these Terms of Service.
    1. The Client is the owner of the business or is authorised by the owner of the business to carry out the agreed services; and 
    2. The Client is referred to as you or your for the purposes of these Terms of Service, and you are the counter-party to this agreement with Everything Digital.

Agreement

 

  1. By registering Services with Everything Digital and utilising those Services, you are agreeing to be bound by these Terms of Service.

Amendment

 

  1. Everything Digital can amend these Terms of Service (in whole or in part) at any time. Amendments will be effective immediately upon posting on the Everything Digital website. You are responsible for ensuring that you are familiar with the latest Terms of Service at all times. Your continued use of the Services and Everything Digital Platform represents your agreement to be bound by the Terms of Service as amended from time to time.

General

 

  1. You warrant that all information provided by you at any time is true and accurate in all respects.
  2. You must not use the Services for any illegal purpose and you are responsible at all times for ensuring compliance with the laws of the jurisdiction within which your business operates.
  3. You agree to indemnify Everything Digital, its related companies, and the directors, officers, agents and employees of the same for all losses, costs, liabilities and damages (including all legal fees and expenses on a full indemnity basis) suffered by Everything Digital or any such party as a consequence of any act or omission by you, any unauthorised access or use of the Everything Digital website or Services by you, any breach of these Terms of Service by you, or your violation of any law or the rights of any third party.
  4. You are responsible for all content that you upload using the Services and for all activity associated with your Service. Everything Digital shall have no liability whatsoever to any party in respect of any use by you of the Services.
  5. Everything Digital reserves the right to refuse service to anyone, and to modify or terminate the Services, for any reason and at any time, without notice.
  6. Everything Digital shall be entitled to terminate this agreement at any time, and without notice, in the event of any breach of these Terms of Service by you (as may be determined by Everything Digital in its sole discretion) or in the event that Everything Digital suspects that you have engaged in any fraudulent or illegal activity utilising, or in connection with, the Services or the Everything Digital platform.
  7. You agree not to involve, or attempt to involve, Everything Digital in any dispute or claim arising in respect of any transaction involving any of your employees, associates, customers or suppliers.
  8. You understand that your content (other than credit card information which is always encrypted) may be transferred unencrypted, transmitted across various networks and changed to conform to the requirements of connecting networks or devices.
  9. Everything Digital may, but has no obligation to, remove any content or account containing content that it considers in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of another party’s intellectual property or these Terms of Service.
  10. Verbal or written abuse of any kind, to or in respect of any person or entity, will result in the immediate termination of your account.

Everything Digital Services

 

  1. Everything Digital provides the Services to facilitate Website Hosting, Google Ads Management, Email Marketing, Website Security Management and associated functionality. Everything Digital does not act as your agent and shall have no liability whatsoever to you or any other person in respect to Services rendered utilising the Everything Digital Platform and associated Services.
  2. Everything Digital provides the Services on an as is, as available, basis and makes no representations, and gives no warranties, with respect to the continuity or availability of the Services. Everything Digital excludes all and any liability arising from the supply of, or failure, interruption or delay in the supply of, any of the Services; the appropriateness of the Services for any particular purpose; the incorrect, inaccurate or delayed transmission of any transaction; or your use of the Services. Everything Digital may at any time modify or withdraw, on a temporary or permanent basis, and wholly or in part, the Services and shall have no liability to you or any other party with respect to, or arising out of, any such modification or withdrawal.
  3. Everything Digital makes no representation or warranty that the Services will be uninterrupted or error-free, or that the Services are free of viruses. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law. Everything Digital shall not be liable for any loss or damage of any nature whatsoever (whether direct, indirect, special, consequential, exemplary or otherwise) arising out of, or in connection with, your use of, or inability to use, the Service or the performance, or lack of performance of the Services. 
  4. Everything Digital does not warrant or represent that the quality or nature of any products or services available to or obtained by you through Everything Digital will meet your requirements or specifications, or that any errors or bugs in such products or services will be corrected.
  5. Technical support is only provided to paying account holders.
  6. Everything Digital may provide you with access to third party tools over which Everything Digital neither monitors nor has any control or input. You acknowledge and agree that Everything Digital provides access to such tools on an as is, where is, basis without any warranties, representations or conditions of any kind and without any endorsement by Everything Digital. Everything Digital shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  7. Any use by you of optional tools offered through the Everything Digital platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third party provider/s.
  8. Everything Digital strongly recommends that you seek specialist advice before using or relying on such tools.

Fees

 

 

  1. Fees will be invoiced monthly in advance commencing on the date that each relevant Service is subscribed for by you. Invoices are payable in full by the due date of the invoice. You in accepting our quote or paying for an invoice are agreeing to our terms set out below. We reserve the right to suspend our work or cancel any services should payment of existing invoices be overdue.
  2. Prices for using the Services are subject to change on 14 days’ notice. Such notice may be posted on the Everything Digital website. You are responsible for ensuring that you are familiar with the latest prices at all times. Your continued use of the Services represents your agreement to be bound by the prices as amended from time to time.
  3. All Services are billed on a monthly basis in advance. You will be invoiced by email. Any disputes regarding an invoice must be raised within 10 days of the date of the invoice, otherwise it will be deemed accepted by you in all respects.
  4. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges in force at any time (Taxes). You are liable for all Taxes applicable to the provision of the Services to you. 
  5. Under no circumstances will you be entitled to a refund from Everything Digital.
  6. If an account remains unpaid after two months from the due date, the account may be referred to our debt collection agency and we may charge you a minimum default fee of 25% of the unpaid portion of the fee (but not less than $50) to cover the collection agency’s fees and we may seek further costs on recovery. The account may also be recorded on a credit information database held by a credit reporting agency. We also reserve the right to act in the collection ourselves and charge for our attendances in recovery at our usual rates. You authorise us to debit against amounts pre-paid by you; and to debit your credit card.

 

Default & Termination

 

  1. A 30 day notice period is required before the suspension or termination of any Service. If the next billing period falls within this notice period, you will be charged for the next billing cycle. Once the last billing cycle is completed the required Services will be terminated by Everything Digital without further notice. 
  2. Either party may terminate this agreement forthwith, or in the case of Everything Digital suspend the carrying out of any Service until further notice, in the event that a liquidator, trustee and bankruptcy, receiver or receiver and manager is appointed in respect of the assets of the other party.
  3. Everything Digital may either terminate this agreement forthwith, or forthwith suspend the carrying out of any Service until further notice, in the event that the Customer fails to make any payment due to Everything Digital under this agreement by the due date on the invoice.
  4. In the event that this agreement shall have been terminated, or the carrying out of any Service has been suspended pursuant to the Default & Termination Clause in this agreement, the Customer shall reimburse Everything Digital all direct costs and expenses incurred as a consequence of such termination or suspension.