This service agreement is between Aqua Digital (hereinafter “Company,” “we,” “our,” “us,” or “Aqua Digital”) and you, our customer (hereinafter “Customer”,”client”, “you” or “your”).

Upon paying for and using the hosting services provided by Aqua Digital, Customer indicates his/her agreement to the following terms and conditions, as outlined below. This agreement supersedes any other oral agreement between Aqua Digital and Customer.

– SERVICE DELIVERY – Aqua Digital will provide service login details and technical support via email to the registered account holder only. Customers on the basic Google AdWords service do not have admin level access to the AdWords account. This is provided for the Market Growth package and higher. Customers on our Managed Servers do not have admin level access to their accounts.

– CUSTOMER RESPONSIBILITY – It is solely customer’s responsibility not to share his/her account, ftp, control panel, support login details with anyone. If his/her account is compromised, we cannot be held responsible for this. In an extreme case if the server security is compromised in anyway, the customer shall be held liable for this and shall be billed for the time spent by technical team to fix it ( $100/hour ) and the customer account shall be de-activated till the investigation gets over.

– RESTRICTED MATERIAL
We do not allow customers to host copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere are not permitted.

Warez and malicous software – Includes pirated software, ROMS, emulators, hacking, password cracking. IP spoofing, Trojan horses, viruses, spy-ware, dialers, malware etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

– SPAM (unsolicited bulk e-mail) – We have zero tolerance for SPAM. We reserve the right to block the account of anyone spamming or reported spamming after investigation. If you are found to be engaged in any of the above activities then your account can be terminated without warning and you will not be entitled for any refunds.

– HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.

We may at any given time implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available, we reserve the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site will be hosted.

– BACKUPS
We regularly make backup copies of information stored on its servers for disaster recovery purposes. Nevertheless, availability of backups is not guaranteed and we will not be responsible for loss of customer data. Customers are advised to make regular backups of the information they store on our servers. Our Control Panel provides tools that facilitate data backup and restoration.

– PAYMENT POLICIES
All accounts are set up on a prepay basis. Although we reserve the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

The account will be automatically charged for the next payment period unless a cancellation request is submitted as per our “cancellation and refunds policy”.

In situations where the account holder does not renew his/her account, We will suspend the service after 10 days of payment being past due. We do not guarantee that suspended sites will remain intact on our servers.

In addition, we reserve the right to suspend other services by the same customer with an outstanding balance, until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer submits a cancellation request.

No bills or invoices will be sent by regular (postal) mail. All invoices will be sent directly to customer(s) via email after the online purchase has been made. At this point the customer’s card will be charged automatically. The invoice(s) shall be either sent by us or by our credit card processor.

– CANCELLATIONS and REFUNDS
Customer agrees that he/she fully accepts the conditions of our Cancellations and Refunds policy at this url, https://aquadigital.com.au/cancellation-refunds-policy/.

– INDEMNIFICATION
Customer agrees that he/she shall defend, indemnify, save and hold Aqua Digital harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Aqua Digital owners, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customers, agents, employees or assigns of the owners of Aqua Digital. Customer agrees to defend, indemnify and hold harmless Aqua Digital owner/s against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Aqua Digital. (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Aqua Digital.

– DISCLAIMER
Aqua Digital will not be responsible for any damages your business may suffer. Aqua Digital makes no warranties of any kind, expressed or implied for services we provide. Aqua Digital disclaims any warranty or merchantability or fitness for a particular purpose, including loss of data resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, and any and all service interruptions caused by Aqua Digital proprietors and their employees.

Aqua Digital reserves the right to alter, change or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you