Digital Hybrid Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

What information do we collect?

We may collect, store and use the following kinds of personal data. For example:

(a) information about your visits to and use of any of our websites;

(b) information about any transactions carried out between you and us on or in relation to any of our websites, and/or any purchases of our goods or services;

(c) information that you provide to us for the purpose of registering with us and/or subscribing to our services and/or email notifications.

Information about website visits

We may collect information about your computer and your visits to any of our websites, including such information as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.

We use cookies on all of our websites. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of any of our websites, to improve these websites’ usability and for marketing purposes. We may also use that information to recognise your computer when you visit any of our websites, and to personalise our websites for you.

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including those of Digital Hybrid.

Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of any of our websites.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to improve your browsing experience by personalising any of our websites.

We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

Security of your personal data

We will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, therefore, we cannot guarantee the security of data sent over the internet.

We will store all of the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using a minimum of 128-bit SSL encryption technology.

You are responsible for keeping your password/s confidential. We may ask for your password/s before we can make changes to your account.

Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy be email, but we are not obliged to do so.

Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information is a part of our service if you require it.

Confidential communications

All correspondence between you, your chosen contacts and Digital Hybrid are considered to be confidential.

Digital Hybrid will never publically divulge the contents of any email, support ticket, invoice etc.

Likewise, you also agree to keep all correspondence confidential.

If you are found in breach of this commitment, eg, by publishing the contents of any correspondence in the public arena, you may be liable to have your account suspended or terminated.

Third party websites

Some of our websites contains links to other websites. We are not responsible for the privacy policies of third party websites.

Contact

If you have any questions about these policies or our treatment of your personal data, please contact us.

Digital Hybrid Security Policy

When purchasing from Digital Hybrid Pty Ltd, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current minimum industry standard.

Our online merchant facility is provisioned through Westpac’s highly secure PayWay facility, which provides 128 Bit SSL encryption for all credit card transmissions.

If you have any questions regarding our security policy, please contact us.

Digital Hybrid Terms & Policies Amendments

We may update any of our terms and policies from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are satisfied with any changes.

We may also notify you of changes to our privacy policy be email, but we are not obliged to do so.

ezytelecommunications Usage Policy

1. These terms and conditions apply to all ezytel services (the “service”). You must read and understand this agreement (the “agreement”) before using the service in whole or in part. In this agreement, “we” or “us” or “ezytel” or “Digital Hybrid” relates to Digital Hybrid Pty Ltd or their agents, while “you” or “customer” relates to the person, person(s) or organisation receiving the service.

2. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.

3. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence , permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the service any libelous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Digital Hybrid will not be held liable for any charges incurred by these proceedings.

4. The contents of the service, including, but not limited to text, photographs, graphics, video and audio content (the “content”) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and is owned or controlled by Digital Hybrid Pty Ltd, their affiliates or the party credited as the provider of the content. All individual articles, content and other elements comprising the content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the service. Without limiting the generality of the foregoing, the ezytel service may not be resold or otherwise resupplied by any account holder to any other person or entity without Digital Hybrid’s prior written consent.

5. Fees and charges applicable to your service will commence from the date of connection. For post-paid customers, we will email an invoice to you no less frequently than monthly, and you must pay these fees and charges by the invoice due date. All fees and charges will be billed to your nominated credit card. If you cancel your credit card authority, or if you do not pay your invoice by the invoice due date, Digital Hybrid will charge a ten dollar late fee. Charges for archive or hardcopy invoices may apply. Digital Hybrid can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.

6. Our pre-paid services are designed to prevent account balances being debited past $0.00. Due to the resource intensive nature of per-second call checking, you may end up with a debit balance. If you have a debit balance (illustrated with a negative sign), it must be re-paid to Digital Hybrid within 30 days of your balance going into debit, otherwise Digital Hybrid may choose to retrieve these funds using the appropriate legal channels.

7. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Digital Hybrid. Temporary suspension and/or permanent disconnection from the service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.

8. Your term begins when you are first connected to the ezytel service and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, it is your responsibility to request a disconnection by initiating a service termination via the Digital Hybrid Client Zone. The Service will be disconnected at the time you nominate, ie, immediately or at the end of your current billing cycle. Digital Hybrid may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to and including the date of disconnection.

9. Digital Hybrid’s records are prima face evidence of the customers use of the service and the charges payable. Digital Hybrid allows customers to connect to the service using their own device. Digital Hybrid only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The customer agrees that any calls from the ezytel account supplied to the customer are deemed to be authorized by the customer and the customer will pay all charges accordingly. International calls are charged in 30 second increments; mobile timed calls are charged in one second increments. There is a minimum charge of 1 cent on all timed calls.

10. Digital Hybrid provides extensive and detailed itemised call billing via the ezytel Control Panel. The Control Panel provides figures detailing total call costs and individual call details. However, the Control Panel call reports should serve only as a tool for verifying the customer’s own records.

11. All customers are assigned a unique ezytel identification username and password. The customer should keep confidential all passwords the customer is given in connection with the service. The customer acknowledges that Digital Hybrid will disclose any information in connection with the customer’s accounts to any person who correctly quotes the customer’s password.

12. ezytel’s DiDs are direct in dial numbers, owned by Digital Hybrid, which are connected to our servers in Sydney via a number of registered Carriage Service Providers and their TDM circuits around Australia. Digital Hybrid’s incoming DiD service gives you exclusive use of one or more of these numbers, so that any calls to the number will be automatically directed to your phone. You can further divert this call to any other fixed or mobile phone. You can have as many DiDs directed to your service as you like, from as many cities as you like, provided you pay the monthly for any numbers that exceed your access plan’s included DiD allowance. ezytel DiDs always remain the property of Digital Hybrid Pty Ltd and the use of these DiDs is a service offered by Digital Hybrid. You cannot port a Digital Hybrid-owned DiD to another provider, unless a written request is made to transfer the ownership of the DiD to the customer. Digital Hybrid may transfer ownership of a DiD to the customer at a cost. For details of these rates, please contact us. Customer-owned direct in dial numbers are then portable to either Telstra, Optus or another registered Carriage Service Provider.

13. Customers may port their own number to Digital Hybrid provided the losing Carriage Service Provider supports Line Number Portability (LNP). This ported DiD will continue to belong to the customer, and not Digital Hybrid. This DiD can be ported to another Carriage Service Provider by the customer without notice to Digital Hybrid.

14. Digital Hybrid offers a supplementary phone service only. The phone service provided is supplementary to your existing landline and/or mobile phone service. As such, you are required to own an active landline or mobile with a Telecommunications Carriage Service Provider in Australia at all times. Emergency calls should be dialed on your landline or mobile phone only, because Voice over IP (VoIP) by nature is not fault-free as mentioned above (2.). Digital Hybrid may contact you on your mobile or landline periodically to ensure that your details are up to date. When calling Emergency Services (000) from a Digital Hybrid phone, your location details may not be automatically transmitted to the operator. When calling 000 using a VoIP phone service, the operator must verify your location details with you.

15. If, in Digital Hybrid’s opinion, you breach any of the terms and conditions of this agreement, we may suspend, terminate or limit your access to the service and terminate this agreement effective immediately. The termination of the service shall not preclude Digital Hybrid from exercising any other rights Digital Hybrid may have against you under this agreement.

16. These terms plus the terms of the chosen service(s) constitute the entire agreement between the Customer and Digital Hybrid in relation to service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this agreement (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in this Agreement.

17. These terms and conditions are governed by Australian federal, state and territory laws.

ezytelecommunications Refund Policy

For pre-paid accounts, in normal circumstances the customer’s account balance will not go into a debit balance below $0.00. A pre-paid balance can be refunded to the customer on request.

If the customer wishes to discontinue the service and has a credit balance at the time of cancellation, we will refund the remaining balance of the customer’s account back onto their credit card. (We can also refund by Direct Deposit by request). The customer may cancel their service at any time, but it is your responsibility to request a disconnection by initiating a service termination via the Digital Hybrid Client Zone.

Plan and/or service access purchases are non-refundable, as all services associated with a particular plan are activated at the time of purchase.

Usually a refund from the account credit balance to the customer (via credit card or direct deposit) is only available when closing an account, but if the customer has accidentally added more funds to their account than they had intended, a refund will be made if the customer contacts Digital Hybrid.

ezywebsites Usage Policy

Digital Hybrid Pty Ltd, in reference to ezywebsites, reserves the right to change these Terms and Conditions at any time, so please, check this page when in doubt. ezycloud strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect your freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other ezywebsites customers, and us against such harm.

Payment Policies, Fees, Refunds

Full payment is required before any hosting service is rendered, which includes renewals. Payment is through PayPal, Internet banking transfer (direct debit), or via credit card with Westpac Merchant Services. Please be aware that all credit card charges will show as “Digital Hybrid P/L”. Prepayment is due at the time of ordering your ezywebsites hosting plan, and then depending on the payment cycle intervals after that.

Digital Hybrid reserves the right to change prices at any time. Price changes can effect current ezywebsites clients.

Account Cancellation

ezywebsites offers a no risk 30-day Money Back Guarantee. If you are not satisfied with our service, and wish to cancel, we will issue you a full refund of your purchase price, less transaction fees occurred in processing your payment.

We offer pro-rata refunds for 3 month, 6 month and 12 month payment terms. So if you decide to pay every 12 months, and want to cancel 6 months down the track, we will pro-rata your refund. The same applies to 3 month and 6 month payment periods.

If an account is cancelled by ezycloud due to a violation of our Terms, there will be no refund issued. All monetary transactions are in Australian dollars only. To cancel your account, please contact our Sales Team and, while we’ll be sad to see you go, we’ll still be happy to help.

Indemnification Policy

You agree to use all ezywebsites services and facilities at your own risk. Digital Hybrid specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ezycloud be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ezycloud harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ezycloud, its agents, its 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 customer, it’s agents, employees or assigns.

Server Abuse policy

If we determine that any site on our servers is overusing a server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

SPAM Policy

ezywebsites is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the ezycloud network, by customers or any other users of the ezycloud network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on an ezywebsites server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an ezycloud email address or web site URL is prohibited. The use of ezycloud servers as a mail drop for responses to activities described above is also prohibited.

If your main WHM domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or additional IP addresses.

If you have any complaints or comments regarding Spam on our network, please contact us.

Content Policy

All services provided by Digital Hybrid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless ezycloud from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all ezycloud servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ezycloud will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to ezycloud servers or any other server on the internet. Links to such materials are also prohibited.

Backups

Data backups are made nightly, to an external source. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. As an ezywebsites client, it is your responsibility to maintain local copies of your web content and any other important information from your site and account. The “Backup Manager” is included in each hosting plan and each client can use this tool to back up their files.

ezyexchange Usage Policy

Digital Hybrid Pty Ltd, in reference to ezyexchange, reserves the right to change these Terms and Conditions (with the exception of our Privacy Policy) at any time, so please, check this page when in doubt.

ezyexchange strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers or of our services. We respect your freedom of speech and expression … unless it is harmful to others. These guidelines are imposed to protect you, other ezyexchange customers, and us against such harm.

Payment Policies, Fees, Refunds

Full payment is required before any hosting service is rendered, which includes renewals. Payment is through PayPal, Internet banking transfer (direct debit), or via credit card with Westpac Merchant Services. Please be aware that all credit card charges will show as “Digital Hybrid Pty Ltd”, ezyexchange’s parent company. Payment information and method is required at the time of sign-up. Prepayment is then due in advance from the 1st of each month.

ezyexchange reserves the right to change prices at any time. Price changes can effect current ezyexchange clients.

Account Cancellation

ezyexchange offers a no risk 30-day Money Back Guarantee. If you are not satisfied with our service, and wish to cancel, we will issue you a full refund of your purchase price, less transaction fees occurred in processing your payment.

We offer pro-rata refunds for 3 month, 6 month and 12 month payment terms. So if you decide to pay every 12 months, and want to cancel 6 months down the track, we will pro-rata your refund. The same applies to 3 month and 6 month payment periods.

If an account is cancelled by ezyexchange due to a violation of our Terms, there will be no refund issued. All monetary transactions are in Australian dollars only. To cancel your account, please contact our Sales Team and, while we’ll be sad to see you go, we’ll still be happy to help.

Indemnification Policy

You agree to use all ezyexchange services and facilities at your own risk. ezyexchange specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ezyexchange be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The customer agrees that it shall defend, indemnify, save and hold ezyexchange harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against ezyexchange, its agents, its 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 customer, it’s agents, employees or assigns.

Resource Abuse policy

If we determine that any user on any part of our network is using too many resources and therefore abusing the network, we reserve the right to suspend that user’s service without notice. It will then be your responsibility to contact us and to formulate a plan to have your ezyexchange service reactivated. We are quick to suspend any user that abuses our network’s resources due to its shared nature and the negative impact an abuser has on our other customers.

Fair Use Policy

Our position on “inlimited” bandwidth usage for ezyexchange is based on the concept of fair use and closely relates to our Resource Abuse Policy previously outlined. If a customer’s use of bandwidth or data transit exceeds levels that which Digital Hybrid Pty Ltd deems acceptable for the benefit of our broader user community, we reserve the right to request and recommend adjustments to usage behaviour. If these requests and recommendations are not complied with, Digital Hybrid Pty Ltd reserves the right to suspend and/or terminate a user’s account without notice.

SPAM Policy

ezyexchange is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial email, from being sent either: over the ezyexchange network, by customers or any other users of the ezyexchange network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the ezyexchange servers.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial email (a.k.a. “SPAM”), posting obscene or threatening messages while using or referring to an ezyexchange email address or hosted domain URL is prohibited. The use of ezyexchange servers as a mail drop for responses to activities described above is also prohibited.

If your main Organizational domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

Content Policy

All services provided by ezyexchange may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless ezyexchange from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all ezyexchange servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ezyexchange will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to ezyexchange servers or any other server on the internet. Links to such materials are also prohibited.

Backups

Full server snapshots are made nightly, to an external source. No guarantees are made of any kind, either expressed or implied, as to the integrity of these snapshots. Snapshots are made for server restoration purposes only.

ezyexchange also performs nightly backups, to an external source, at a user/mailbox level. These backups are only kept for a maximum of 14 days in accordance with our retention policies.

As an ezyexchange customer, it is your responsibility to maintain local copies of your mailbox and any other important information from your account.

ezybackup Usage Policy

Carefully read the terms and the conditions before proceeding to the subscription and installation of the ezybackup software. This is not an owenership license, but an end-user license granted by Digital Hybrid Pty Ltd, trading as ezybackup.com.au (hereafter referred to as “ezybackup”), which you must accept before installing and using our service. You should not download or install the software if you do not accept the terms and conditions governing its use.

1. All software provided by ezybackup is on an “as is” basis with no warranties of any kind and ezybackup will not be liable for any damages of any kind arising from its use. ezybackup further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.

2. ezybackup grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by ezybackup for personal use only. Redistribution of programs owned by ezybackup, unless explicitly granted by ezybackup, is strictly prohibited.

3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of ezybackup or its content suppliers and is protected by international copyright laws. All program used on this site is the property of ezybackup or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.

4. ezybackup may send notices to you via either email or regular mail. ezybackup may also provide notices of changes to these terms or other matters by displaying notices or links to notices to you generally on the services provided by ezybackup.

5. While it is not ezybackup’s intent to monitor your online communications, ezybackup reserves the right to edit or remove content that we become aware of and determine to be harmful or offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.

6. The integrity of this system relies on proper use of email as message-passing media. The use of the email system, directly or indirectly as a spamming tool, or in any way other than how it is intended, is prohibited.

7. ezybackup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

8. You are expected not to use the services provided by ezybackup for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when ezybackup becomes aware of any of these activities.

9. ezybackup shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if ezybackup or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Users are the ones who have the knowledge of their encryption keys. You have the sole responsibility to make sure your encryption keys are kept in a safe and secure place. ezybackup shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss, corruption or compromise of this key.

11. The ezybackup service is supplied by Digital Hybrid Pty Ltd on a commercial basis and you acknowledge that payment is required in advance for this service. Any failure to make timely payments will result in the suspension or cancellation of an account. ezybackup are under no obligation to service accounts which have outstanding amounts.

12. You acknowledge that the storage space provided by ezybackup is the amount as specified within the contract and any usage exceeding this amount will be charged accordingly.

13. The ezybackup software client is supplied by ezybackup on a license basis and ownership of the software is not transferable. You agree that upon termination of your account with ezybackup all relevant software will be permanently removed from your computers.

14. You acknowledge that you and not ezybackup are responsible for the selection of the information to be backed up by ezybackup, the scheduling of the backup operations, ensuring that successful backup has occurred and any costs payable to any third parties as direct or indirect result of using the ezybackup software. This exists in instances even when ezybackup technicians advise and setup software installations.

15. ezybackup does not warrant that our servers will be available at all times and will not be held responsible for backup failure due to electrical faults, internet failure and the likes. We do however strive to provide a 99 percent target of service availability.

16. ezybackup’s liability to you in relation to any claims relating to the ezybackup service is limited to the resupply of the services you have ordered and paid for in full.

17. You will notify ezybackup of any changes to billing or contact details in writing. You will provide ezybackup with 1 months written notice should you wish to change your account in any way, this includes cancellation of the ezybackup service.

18. You agree that once you have confirmed any account cancellation of the ezybackup service with Digital Hybrid Pty Ltd, any backup information that may have existed on our servers will be removed in a timely fashion, and our obligations to provide recovery of any information ceases once your account is cancelled.

19. Recovery assistance is offered on a ‘good faith’ basis, and under no circumstances do we guarentee a minimum offering in the services we provide, or provision of any recovery equipment. This issue generally will only arise if a particular customer’s recoveries impact on our ability to service other customers.

20. You acknowledge that these terms and conditions may alter from time to time. Notice of these changes will be provided to you in writing via post or email, or on our website.

NewsWorx Broadcast Software Usage Policy

NewsWorx Broadcast Software strives to provide the best possible service to all our customers, but we will not tolerate any unlawful use of our software or licenses. These brief guidelines are imposed to protect you, and NewsWorx Broadcast Software, against such harm.

Payment Policies, Fees, Refunds

Full payment is required before NewsWorx Broadcast Software will be provide the software and/or license; which includes renewals. Payment is through Westpac PayWay, PayPal or direct debit (Internet banking transfer). Prepayment is due at the time of ordering.

All credit card purchases via www.newsworx.com.au will show on your statement as being from Digital Hybrid Pty Ltd, NewsWorx Broadcast Software’s parent company.

NewsWorx Broadcast Software reserves the right to change its prices at any time. Price changes can effect current NewsWorx Broadcast Software clients.

Account & License Cancellation

NewsWorx Broadcast Software offers a no risk 30-day Money Back Guarantee. If you are not satisfied with our software or service, and wish to cancel, we will issue you a full refund of your purchase price, less transaction fees occurred in processing your payment.

We offer pro-rata refunds for 3 month, 6 month and 12 month payment terms. So if you decide to pay every 12 months, and want to cancel 6 months down the track, we will pro-rata your refund. The same applies to 3 month and 6 month payment periods.

If an account is cancelled by NewsWorx due to a violation of our Terms, there will be no refund issued. All monetary transactions are in Australian dollars only. To cancel your account, please contact our Sales Team and, while we’ll be sad to see you go, we’ll still be happy to help.

Indemnification Policy

You agree to use all software and services provided NewsWorx Broadcast Software at your own risk. NewsWorx Broadcast Software specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NewsWorx be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold NewsWorx harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against NewsWorx Broadcast Software, its agents, its 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 customer, it’s agents, employees or assigns.

Abuse Policy

If we determine that any of our software is being used illegally, or outside the license agreement terms, your license will be immediately cancelled unless and until a plausible explanation can be provided. We react quickly and seriously to all license and/or software violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding our license and usage terms.

Digital Hybrid Pty Ltd reserves the right to amend our Terms and Conditions at any time and without notice.

All prices on all of our websites are in Australian Dollars and are inclusive of GST unless expressly stated.