TERMS OF SERVICE AGREEMENT
Last updated 2021-01-22
Last updated 2021-01-22
A. OVERVIEW
1. This Universal Terms of Service Agreement (this "Agreement") is entered into by and between DGTL TECH UK LLP with company number OC434843, whose registered address 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom, a registered In England & Wales limited liability partnership ("DGTL.TECH") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance.
2. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services") and is in addition to (not instead of) any specific terms and conditions that apply to the particular Services. Typically these Services may include Hosting Services under Hosting Services Agreement, User managed Services under Managed Services agreement, other Services on the basis on a particular order, etc.
3. By using Services, you also implicitly agree and accept DGTL.TECH service level agreement (SLA). SLA acts as an add-on of various Services and defines the initial ticket response from DGTL.TECH technical support team. Please pay your attention to any SLA references in DGTL.TECH documents and policies. Please read this DGTL.TECH documents and policies carefully before accessing or using DGTL.TECH Services.
4. For your convenience higher level SLA plan sometimes is available to be selected during the ordering process of some of DGTL.TECH Services. Pay your attention to the facts that 4.1. it could be acquired only for an additional fee; 4.2. The particular order of Services may include specific provisions that override these general SLA provisions.
5. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by references below.
6. The terms "we", "us" or "our" shall refer to DGTL.TECH. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your Account, or uses the Services.
7. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
8. DGTL.TECH may, in its sole and absolute discretion, change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. DGTL.TECH will provide advance notice with the updated version of this Agreement, any policy or agreement at least 30 (thirty) days before they are due to take effect (Effective date). Notice any such amendment may be given via email or Account or by any other means allowed under the Agreement. If you disagree with the proposed updated version of this Agreement, any policy, or agreement, you may notify DGTL.TECH at any time during the advance notice period that you wish to terminate Agreement, policy, or any other agreement. In these circumstances, the termination will take effect from the Effective Date, and we will discontinue providing Services under terminated Agreement, policy, or any other agreement. However, if you do not contact us during the advance notice period to notify us to the contrary, you will be deemed to have accepted the changes, and they will take effect from the Effective Date.
9. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you disagree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services — also, DGTL.TECH may occasionally notify you of changes or modifications to this Agreement by email or through Account.
10. It is therefore important that you keep your shopper account ("Account") information current. DGTL.TECH assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
1. This Universal Terms of Service Agreement (this "Agreement") is entered into by and between DGTL TECH UK LLP with company number OC434843, whose registered address 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom, a registered In England & Wales limited liability partnership ("DGTL.TECH") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance.
2. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services") and is in addition to (not instead of) any specific terms and conditions that apply to the particular Services. Typically these Services may include Hosting Services under Hosting Services Agreement, User managed Services under Managed Services agreement, other Services on the basis on a particular order, etc.
3. By using Services, you also implicitly agree and accept DGTL.TECH service level agreement (SLA). SLA acts as an add-on of various Services and defines the initial ticket response from DGTL.TECH technical support team. Please pay your attention to any SLA references in DGTL.TECH documents and policies. Please read this DGTL.TECH documents and policies carefully before accessing or using DGTL.TECH Services.
4. For your convenience higher level SLA plan sometimes is available to be selected during the ordering process of some of DGTL.TECH Services. Pay your attention to the facts that 4.1. it could be acquired only for an additional fee; 4.2. The particular order of Services may include specific provisions that override these general SLA provisions.
5. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by references below.
6. The terms "we", "us" or "our" shall refer to DGTL.TECH. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your Account, or uses the Services.
7. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
8. DGTL.TECH may, in its sole and absolute discretion, change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. DGTL.TECH will provide advance notice with the updated version of this Agreement, any policy or agreement at least 30 (thirty) days before they are due to take effect (Effective date). Notice any such amendment may be given via email or Account or by any other means allowed under the Agreement. If you disagree with the proposed updated version of this Agreement, any policy, or agreement, you may notify DGTL.TECH at any time during the advance notice period that you wish to terminate Agreement, policy, or any other agreement. In these circumstances, the termination will take effect from the Effective Date, and we will discontinue providing Services under terminated Agreement, policy, or any other agreement. However, if you do not contact us during the advance notice period to notify us to the contrary, you will be deemed to have accepted the changes, and they will take effect from the Effective Date.
9. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you disagree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services — also, DGTL.TECH may occasionally notify you of changes or modifications to this Agreement by email or through Account.
10. It is therefore important that you keep your shopper account ("Account") information current. DGTL.TECH assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
B. ELIGIBILITY; AUTHORITY
1. This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Egland and Wales or other applicable jurisdiction.
2. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, DGTL.TECH finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
3. DGTL.TECH shall not be liable for any loss or damage resulting from DGTL.TECH's reliance on any instruction, notice document, or communication reasonably believed by DGTL.TECH to be genuine and originating from an authorized representative of your corporate entity.
4. If there is reasonable doubt about the authenticity of any such instruction, notice document, or communication, DGTL.TECH reserves the right (but undertakes no duty) to require additional authentication from you.
5. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your Account or the Services, whether or not authorized by you.
1. This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Egland and Wales or other applicable jurisdiction.
2. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, DGTL.TECH finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
3. DGTL.TECH shall not be liable for any loss or damage resulting from DGTL.TECH's reliance on any instruction, notice document, or communication reasonably believed by DGTL.TECH to be genuine and originating from an authorized representative of your corporate entity.
4. If there is reasonable doubt about the authenticity of any such instruction, notice document, or communication, DGTL.TECH reserves the right (but undertakes no duty) to require additional authentication from you.
5. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your Account or the Services, whether or not authorized by you.
C. ACCOUNTS; TRANSFER OF DATA ABROAD
1. To access some of the features of this Site or use some of the Services, you will have to create an account.
2. You represent and warrant to DGTL.TECH that: 2.1. all information you submit when you create your Account is accurate, current, and complete, and 2.2. you will keep your Account information accurate, current, complete, and updated, 2.3. you are the owner of the primary email address used to set up the Account. 2.4. you will not pass, sell, or transfer the Account's ownership to another person or entity in any form.
3. If DGTL.TECH has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, DGTL.TECH reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
4. You can own only one Account. When multiple accounts are made to bypass any restrictions or commit illegal activities, acts will permanently terminate all Services.
5. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, DGTL.TECH recommends that you change your password at least once every six (6) months for Account.
6. You must notify DGTL.TECH immediately of any breach of security or unauthorized use of your Account.
7. DGTL.TECH will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be responsible for any loss DGTL.TECH or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
8. If you visit this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
9. In addition, DGTL.TECH may occasionally notify you of changes or modifications to this Agreement, any policy or agreement via Account. Accordingly, please check regularly your Account and notifications throughout each week.
10. Once You logged-in into your Account, You can choose and order specific Services offered by DGTL.TECH. Pay your attention to the fact that some of our Services become available to you only upon the conclusion of a separate Services agreement or/and annex.
D. AVAILABILITY OF WEBSITE/SERVICES
1. From time to time, DGTL.TECH may offer new Services (limited preview services or new features to existing Services) in a pre-release version.
2. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as " Beta Services". If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission-critical environments; (iv) DGTL.TECH reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may adjust substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) DGTL.TECH may limit the availability of customer service support time dedicated to supporting the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by DGTL.TECH; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential and may not be disclosed to a third party or used for any purpose other than providing feedback to DGTL.TECH; (ix) The Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, DGTL.TECH disclaims any and all warranties, statutory, express, or implied, concerning the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information required to provide the Services with DGTL.TECH. You acknowledge and agree that independent contractors or third-party service providers may provide the Services. All paid support Services are non-refundable.
E. GENERAL RULES OF CONDUCT
1. You acknowledge and agree that:
1.1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, national, and international laws, rules, and regulations.
1.2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
1.3. You will not use this Site or the Services in a manner (as determined by DGTL.TECH in its sole and absolute discretion) that:
1.3.1. Is illegal, or promotes or encourages illegal activity;
1.3.2. Promotes encourages or engages in child pornography or the exploitation of children;
1.3.3. Promotes encourages or engages in terrorism, violence against people, animals, or property;
1.3.4. Promotes encourage or engage in any spam or other unsolicited bulk email, computer or network hacking or cracking;
1.3.5. Promotes encourages or engages in the sale or distribution of prescription medication without a valid prescription;
1.3.6. Infringes on the intellectual property rights of another User or any other person or entity;
1.3.7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
1.3.8. Interferes with the operation of this Site or the Services found at this Site;
1.3.9. Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
1.3.10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding DGTL.TECH or DGTL.TECH's Services.
1.4. You will not copy or distribute any part of this Site or the Services in any medium, except where expressly authorized by DGTL.TECH.
1.5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
1.6. You will not access DGTL.TECH Content (as defined below) or User Content through any technology or means other than through this Site itself or as DGTL.TECH may designate.
1.7. You agree to backup all of your User Content so that you can access and use it when needed. DGTL.TECH does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. 1.8. You will not re-sell or provide the Services for a commercial purpose, including any of DGTL.TECH's related technologies, without DGTL.TECH's express prior written consent.
1.9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
2. DGTL.TECH reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
3. Our response to your non-compliance with general rules of conduct:
3.1. In the case of the User's non-compliance with the general rules of conduct, DGTL.TECH will act under the sole discretion to restore compliance.
3.2. DGTL.TECH may deny new orders and halt tasks, including support tasks that are already in progress.
3.3. DGTL.TECH will continue communication with the User with an emphasis on the non-compliance issue only.
3.4. If DGTL.TECH's efforts to restore compliance with terms of the general rules of conduct fail because of the User's non-cooperation, or the violation is too severe. Any actions based on the general rules of conduct carried out by DGTL.TECH will be considered necessary, including suspension or termination of Service. In case of such suspension or termination, the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of the Agreement initiated by DGTL.TECH.
3.5. In case of abuse or any similar adverse circumstances, Heficed will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident DGTL.TECH may not contact the User before a suspension. Such inaccessibility is not considered downtime. DGTL.TECH will cooperate toward a problem resolution as long as the User puts relative effort into cooperation. However, the User has no right to demand re-activation of the Service if Heficed believes that it will cause the risk of another incident.
4. If any illegal activities occur, of which DGTL.TECH is aware of DGTL.TECH will contact appropriate legal authorities.
F. YOUR USE OF DGTL.TECH CONTENT AND USER CONTENT
1. In addition to the general rules above, the provisions in this Section apply specifically to your use of DGTL.TECH Content and User Content posted to DGTL.TECH's corporate websites (i.e., those sites which DGTL.TECH directly controls or maintains).
2. The applicable provisions are not intended to and do not affect transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
DGTL.TECH Content
3. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks and logos contained therein ("DGTL.TECH Content"), are owned by or licensed to DGTL.TECH in perpetuity is subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries and other intellectual property rights under the United Kingdom and foreign laws.
4. DGTL.TECH Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of DGTL.TECH.
5. This Agreement grants no right or license under any copyright, trademark, patent, or other proprietary right or license. DGTL.TECH reserves all rights not expressly granted in and to DGTL.TECH Content, this Site, and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content
6. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content").
7. User Content includes all content submitted through your Account.
8. By posting or publishing User Content to this Site or the Services, you represent and warrant DGTL.TECH that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
9. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any DGTL.TECH Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, DGTL.TECH Content or the User Content therein.
Abusive Activities and Other Threats
10. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, DGTL.TECH, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited, and we reserve the right to remove sites containing information about hacking or links to such information.
11. The use of your website as an anonymous gateway is prohibited. We prohibit using software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us.
12. You agree that we reserve the right to temporarily or permanently remove your website from our servers if you violate this Agreement and/or some activities that threaten our network's stability.
13. You acknowledge and agree that DGTL.TECH may remove all websites associated with your hosting Account if one website violates this Agreement.
14. You further acknowledge and agree that DGTL.TECH reserves the right to scan your hosted Account for malicious content (e.g., malware) and that, in the event any such content is discovered, it may be removed in DGTL.TECH's discretion for security purposes.
15. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:
15.1. attempt to mislead any person as to the identity, source, or origin of any communication;
15.2. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network, or Account for which you do not have the authorization to access or at a level exceeding Your authorization; or
15.3. use your server as an "open relay" or for any of the above purposes.
16. We prohibit the running of a public recursive DNS service on any of our servers. You must secure recursive DNS servers to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
Website/Server Content
17. You shall be solely responsible for providing, updating, uploading, and maintaining your website or server and any and all files, pages, data, works, information, and/or materials on, within, displayed, linked, or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, and text.
18. You acknowledge and agree that in providing you with technical assistance, it may be necessary for our support staff to modify, alter, or remove the content of your hosted product.
19. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you regarding the Services.
20. If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting Account for this Agreement.
21. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
22. If you request that we install any Third Party Software (defined below) not provided as part of the Services, you represent and warrant that
22.1. you have the right to use and install the Third Party Software,
22.2. you have paid the applicable licensing fees for the Third Party Software, and
22.3. the Third-Party Software does not and shall not infringe on any other person or entity's intellectual property rights.
1. To access some of the features of this Site or use some of the Services, you will have to create an account.
2. You represent and warrant to DGTL.TECH that: 2.1. all information you submit when you create your Account is accurate, current, and complete, and 2.2. you will keep your Account information accurate, current, complete, and updated, 2.3. you are the owner of the primary email address used to set up the Account. 2.4. you will not pass, sell, or transfer the Account's ownership to another person or entity in any form.
3. If DGTL.TECH has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, DGTL.TECH reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
4. You can own only one Account. When multiple accounts are made to bypass any restrictions or commit illegal activities, acts will permanently terminate all Services.
5. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, DGTL.TECH recommends that you change your password at least once every six (6) months for Account.
6. You must notify DGTL.TECH immediately of any breach of security or unauthorized use of your Account.
7. DGTL.TECH will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be responsible for any loss DGTL.TECH or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
8. If you visit this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
9. In addition, DGTL.TECH may occasionally notify you of changes or modifications to this Agreement, any policy or agreement via Account. Accordingly, please check regularly your Account and notifications throughout each week.
10. Once You logged-in into your Account, You can choose and order specific Services offered by DGTL.TECH. Pay your attention to the fact that some of our Services become available to you only upon the conclusion of a separate Services agreement or/and annex.
D. AVAILABILITY OF WEBSITE/SERVICES
1. From time to time, DGTL.TECH may offer new Services (limited preview services or new features to existing Services) in a pre-release version.
2. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as " Beta Services". If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission-critical environments; (iv) DGTL.TECH reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may adjust substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) DGTL.TECH may limit the availability of customer service support time dedicated to supporting the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by DGTL.TECH; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential and may not be disclosed to a third party or used for any purpose other than providing feedback to DGTL.TECH; (ix) The Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, DGTL.TECH disclaims any and all warranties, statutory, express, or implied, concerning the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information required to provide the Services with DGTL.TECH. You acknowledge and agree that independent contractors or third-party service providers may provide the Services. All paid support Services are non-refundable.
E. GENERAL RULES OF CONDUCT
1. You acknowledge and agree that:
1.1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, national, and international laws, rules, and regulations.
1.2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
1.3. You will not use this Site or the Services in a manner (as determined by DGTL.TECH in its sole and absolute discretion) that:
1.3.1. Is illegal, or promotes or encourages illegal activity;
1.3.2. Promotes encourages or engages in child pornography or the exploitation of children;
1.3.3. Promotes encourages or engages in terrorism, violence against people, animals, or property;
1.3.4. Promotes encourage or engage in any spam or other unsolicited bulk email, computer or network hacking or cracking;
1.3.5. Promotes encourages or engages in the sale or distribution of prescription medication without a valid prescription;
1.3.6. Infringes on the intellectual property rights of another User or any other person or entity;
1.3.7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
1.3.8. Interferes with the operation of this Site or the Services found at this Site;
1.3.9. Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
1.3.10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding DGTL.TECH or DGTL.TECH's Services.
1.4. You will not copy or distribute any part of this Site or the Services in any medium, except where expressly authorized by DGTL.TECH.
1.5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
1.6. You will not access DGTL.TECH Content (as defined below) or User Content through any technology or means other than through this Site itself or as DGTL.TECH may designate.
1.7. You agree to backup all of your User Content so that you can access and use it when needed. DGTL.TECH does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. 1.8. You will not re-sell or provide the Services for a commercial purpose, including any of DGTL.TECH's related technologies, without DGTL.TECH's express prior written consent.
1.9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
2. DGTL.TECH reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
3. Our response to your non-compliance with general rules of conduct:
3.1. In the case of the User's non-compliance with the general rules of conduct, DGTL.TECH will act under the sole discretion to restore compliance.
3.2. DGTL.TECH may deny new orders and halt tasks, including support tasks that are already in progress.
3.3. DGTL.TECH will continue communication with the User with an emphasis on the non-compliance issue only.
3.4. If DGTL.TECH's efforts to restore compliance with terms of the general rules of conduct fail because of the User's non-cooperation, or the violation is too severe. Any actions based on the general rules of conduct carried out by DGTL.TECH will be considered necessary, including suspension or termination of Service. In case of such suspension or termination, the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of the Agreement initiated by DGTL.TECH.
3.5. In case of abuse or any similar adverse circumstances, Heficed will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident DGTL.TECH may not contact the User before a suspension. Such inaccessibility is not considered downtime. DGTL.TECH will cooperate toward a problem resolution as long as the User puts relative effort into cooperation. However, the User has no right to demand re-activation of the Service if Heficed believes that it will cause the risk of another incident.
4. If any illegal activities occur, of which DGTL.TECH is aware of DGTL.TECH will contact appropriate legal authorities.
F. YOUR USE OF DGTL.TECH CONTENT AND USER CONTENT
1. In addition to the general rules above, the provisions in this Section apply specifically to your use of DGTL.TECH Content and User Content posted to DGTL.TECH's corporate websites (i.e., those sites which DGTL.TECH directly controls or maintains).
2. The applicable provisions are not intended to and do not affect transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
DGTL.TECH Content
3. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks and logos contained therein ("DGTL.TECH Content"), are owned by or licensed to DGTL.TECH in perpetuity is subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries and other intellectual property rights under the United Kingdom and foreign laws.
4. DGTL.TECH Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of DGTL.TECH.
5. This Agreement grants no right or license under any copyright, trademark, patent, or other proprietary right or license. DGTL.TECH reserves all rights not expressly granted in and to DGTL.TECH Content, this Site, and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content
6. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content").
7. User Content includes all content submitted through your Account.
8. By posting or publishing User Content to this Site or the Services, you represent and warrant DGTL.TECH that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
9. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any DGTL.TECH Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, DGTL.TECH Content or the User Content therein.
Abusive Activities and Other Threats
10. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, DGTL.TECH, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited, and we reserve the right to remove sites containing information about hacking or links to such information.
11. The use of your website as an anonymous gateway is prohibited. We prohibit using software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us.
12. You agree that we reserve the right to temporarily or permanently remove your website from our servers if you violate this Agreement and/or some activities that threaten our network's stability.
13. You acknowledge and agree that DGTL.TECH may remove all websites associated with your hosting Account if one website violates this Agreement.
14. You further acknowledge and agree that DGTL.TECH reserves the right to scan your hosted Account for malicious content (e.g., malware) and that, in the event any such content is discovered, it may be removed in DGTL.TECH's discretion for security purposes.
15. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:
15.1. attempt to mislead any person as to the identity, source, or origin of any communication;
15.2. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network, or Account for which you do not have the authorization to access or at a level exceeding Your authorization; or
15.3. use your server as an "open relay" or for any of the above purposes.
16. We prohibit the running of a public recursive DNS service on any of our servers. You must secure recursive DNS servers to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
Website/Server Content
17. You shall be solely responsible for providing, updating, uploading, and maintaining your website or server and any and all files, pages, data, works, information, and/or materials on, within, displayed, linked, or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, and text.
18. You acknowledge and agree that in providing you with technical assistance, it may be necessary for our support staff to modify, alter, or remove the content of your hosted product.
19. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you regarding the Services.
20. If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting Account for this Agreement.
21. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
22. If you request that we install any Third Party Software (defined below) not provided as part of the Services, you represent and warrant that
22.1. you have the right to use and install the Third Party Software,
22.2. you have paid the applicable licensing fees for the Third Party Software, and
22.3. the Third-Party Software does not and shall not infringe on any other person or entity's intellectual property rights.
G. DGTL.TECH's USE OF USER CONTENT
1. The provisions in this Section apply specifically to DGTL.TECH's use of User Content posted to DGTL.TECH's corporate websites (i.e., those sites which DGTL.TECH directly controls or maintains).
2. The applicable provisions are not intended to and do not affect transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
3. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of, and requirements for, distributing it.
4. Concerning User Submissions, You acknowledge and agree that:
4.1. Your User Submissions are entirely voluntary.
4.2. Your User Submissions do not establish a confidential relationship or obligate DGTL.TECH to treat your User Submissions as confidential or secret.
4.3. DGTL.TECH has no obligation, either express or implied, to develop or use your User Submissions. No compensation is due to you or anyone else for any intentional or unintentional use of your User Submissions.
4.4. DGTL.TECH may be working on the same or similar content, it may already know of such content from other sources, it may only wish to develop this (or equivalent) content on its own, or it may have taken / will take some other action.
5. You are responsible for taking care of your Account and its safety.
6. It is Your responsibility to make backups regularly.
7. Users can order backups at the time of filling Services order (if such feature is included within the User's Service). In other cases, you may order backup service under the Service Upgrade procedure through your Account (if such procedure is available for the particular Service).
8. You are solely responsible for the preservation of your data. While the backups are being done by DGTL.TECH (if such feature is included within the User's Service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User's responsibility to make backups of the information that is critical to him.
9. DGTL.TECH may not be held liable in any case of data loss.
10. You shall be solely responsible for undertaking measures to 10.1. prevent any loss or damage to your website or server content; 10.2. maintain independent archival and backup copies of your website or server content; and 10.3. ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.
11. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and, therefore, should not be used or considered as one.
12. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our Services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: 12.1. a repository or instrument for placing or storing archived files; and/or 12.2. placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or Account.
13. DGTL.TECH shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
Concerning User Content (Other Than User Submissions)
14. If you have a website or other content hosted by DGTL.TECH, you shall retain all of your ownership or licensed rights in User Content.
15. By posting or publishing User Content to this Site or through the Services, you authorize DGTL.TECH uses the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
16. You hereby grant DGTL.TECH is a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, and display and perform your User Content in connection with this Site, the Services, and DGTL.TECH's (and DGTL.TECH's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and payment or other consideration of any kind, or permission or notification, to you or any third party.
17. You also hereby grant each User of this Site a non-exclusive license to access your User Content (except User Content that you designate "private" or "password protected") through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
18. The above licenses granted by you in your User Content terminate within a commercially reasonable time after removing or deleting your User Content from this Site.
19. You understand and agree, however, that DGTL.TECH may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
20. The above licenses granted by you in your User Content are perpetual and irrevocable, notwithstanding anything to the contrary contained herein, DGTL.TECH shall not use any User Content that has been designated "private" or "password protected" by you to promote this Site or DGTL.TECH's (or DGTL.TECH's affiliates') business(es).
H. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
1. DGTL.TECH generally does not pre-screen User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site). However, DGTL.TECH reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
2. DGTL.TECH may remove any item of User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by DGTL.TECH in its sole and absolute discretion), at any time and without prior notice.
3. DGTL.TECH may also terminate a User's access to this Site or the Services found at this Site if DGTL.TECH has reason to believe the User is a repeat offender. If DGTL.TECH terminates your access to this Site or the Services found at this Site. In its sole and absolute discretion, DGTL.TECH may remove and destroy any data and files stored by you on its servers.
I. ADDITIONAL RESERVATION OF RIGHTS
1. DGTL.TECH expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by DGTL.TECH in its sole and absolute discretion), including but not limited to the following: 1.1. to correct mistakes made by DGTL.TECH in offering or delivering any Services (including any domain name registration), 1.2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry, 1.2.3. to assist with our fraud and abuse detection and prevention efforts (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, 1.2.4. to comply with requests of law enforcement, including subpoena requests, 1.2.5. to comply with any dispute resolution process, 1.2.6. to defend any legal action or threatened legal action without considering whether such legal action or threatened legal action is eventually determined to be with or without merit, or 1.2.7. to avoid any civil or criminal liability on the part of DGTL.TECH, its officers, directors, employees, and agents, as well as DGTL.TECH's affiliates, including, but not limited to, instances where you have sued or threatened to sue DGTL.TECH.
2. DGTL.TECH expressly reserves the right to terminate, without notice to you, any and all Services wherein DGTL.TECH's sole discretion, you are harassing or threatening DGTL.TECH and/or any of DGTL.TECH's employees.
J. NO SPAM
1. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming.
2. Customers suspected to be using our products and services to send spam are thoroughly investigated. If we determine a problem with spam, we will take the appropriate action to resolve the situation.
3. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: 3.1. Email Messages; 3.2. Newsgroup postings; 3.3. Windows system messages; 3.4. Pop-up messages (aka "adware" or "spyware" messages); 3.5. Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs); 3.6. Online chat room advertisements; 3.7. Guestbook or Website Forum postings; 3.8. Facsimile Solicitations; 3.9. Text/SMS Messages.
4. We will not allow our servers and services to be used for the purposes described above.
5. To use our products and Services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy.
6. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
7. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes, or other applicable Services until the customer responds.
8. The registrant or customer will be required to respond by email to us, stating that they will cease to send spam and/or have spam sent on their behalf.
9. If we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
10. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email abuse@dgtl.tech.
11. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
K. TRADEMARK AND/OR COPYRIGHT CLAIMS
1. DGTL.TECH supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please notify us.
2. In case of copyright violation, DGTL.TECH acts as a mediator of the complaining party and the User if the User agrees to cooperate.
3. The copyright infringement report must contain (but is not limited to) the report's reasoning and direct links to the copyrighted material. If the copyright owner makes the report, it must contain evidence of copyright ownership.
4. DGTL.TECH reserves the right to request additional information to confirm the violation of the copyright policy.
L. LINKS TO THIRD-PARTY WEBSITES
1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by DGTL.TECH.
2. DGTL.TECH assumes no responsibility for any third-party websites' content, terms and conditions, privacy policies, or practices. Also, DGTL.TECH does not censor or edit the content of any third-party websites.
3. By using this Site or the Services found at this Site, you expressly release DGTL.TECH from any and all liability arising from your use of any third-party website. Accordingly, DGTL.TECH encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
M. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND DGTL.TECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND FOR THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
N. LIMITATION OF LIABILITY
1. IN NO EVENT SHALL DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DGTL.TECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DGTL.TECH'S TOTAL AGGREGATE LIABILITY EXCEED 6 MONTHS OF THE MONTHLY SERVICE FEE OR 10,000.00 EUR, WHICHEVER IS LESS.
4. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
O. INDEMNITY
You agree to protect, defend, indemnify and hold harmless DGTL.TECH and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by DGTL.TECH directly or indirectly arising from:
I. your use of and access to this Site or the Services found at this Site;
II. your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or;
III. (your violation of any third-party right, including without limitation any intellectual property or another proprietary right. Under this section, the indemnification obligations shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
1. The provisions in this Section apply specifically to DGTL.TECH's use of User Content posted to DGTL.TECH's corporate websites (i.e., those sites which DGTL.TECH directly controls or maintains).
2. The applicable provisions are not intended to and do not affect transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
3. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of, and requirements for, distributing it.
4. Concerning User Submissions, You acknowledge and agree that:
4.1. Your User Submissions are entirely voluntary.
4.2. Your User Submissions do not establish a confidential relationship or obligate DGTL.TECH to treat your User Submissions as confidential or secret.
4.3. DGTL.TECH has no obligation, either express or implied, to develop or use your User Submissions. No compensation is due to you or anyone else for any intentional or unintentional use of your User Submissions.
4.4. DGTL.TECH may be working on the same or similar content, it may already know of such content from other sources, it may only wish to develop this (or equivalent) content on its own, or it may have taken / will take some other action.
5. You are responsible for taking care of your Account and its safety.
6. It is Your responsibility to make backups regularly.
7. Users can order backups at the time of filling Services order (if such feature is included within the User's Service). In other cases, you may order backup service under the Service Upgrade procedure through your Account (if such procedure is available for the particular Service).
8. You are solely responsible for the preservation of your data. While the backups are being done by DGTL.TECH (if such feature is included within the User's Service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User's responsibility to make backups of the information that is critical to him.
9. DGTL.TECH may not be held liable in any case of data loss.
10. You shall be solely responsible for undertaking measures to 10.1. prevent any loss or damage to your website or server content; 10.2. maintain independent archival and backup copies of your website or server content; and 10.3. ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.
11. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and, therefore, should not be used or considered as one.
12. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our Services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: 12.1. a repository or instrument for placing or storing archived files; and/or 12.2. placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or Account.
13. DGTL.TECH shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
Concerning User Content (Other Than User Submissions)
14. If you have a website or other content hosted by DGTL.TECH, you shall retain all of your ownership or licensed rights in User Content.
15. By posting or publishing User Content to this Site or through the Services, you authorize DGTL.TECH uses the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
16. You hereby grant DGTL.TECH is a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, and display and perform your User Content in connection with this Site, the Services, and DGTL.TECH's (and DGTL.TECH's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and payment or other consideration of any kind, or permission or notification, to you or any third party.
17. You also hereby grant each User of this Site a non-exclusive license to access your User Content (except User Content that you designate "private" or "password protected") through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
18. The above licenses granted by you in your User Content terminate within a commercially reasonable time after removing or deleting your User Content from this Site.
19. You understand and agree, however, that DGTL.TECH may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
20. The above licenses granted by you in your User Content are perpetual and irrevocable, notwithstanding anything to the contrary contained herein, DGTL.TECH shall not use any User Content that has been designated "private" or "password protected" by you to promote this Site or DGTL.TECH's (or DGTL.TECH's affiliates') business(es).
H. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
1. DGTL.TECH generally does not pre-screen User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site). However, DGTL.TECH reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
2. DGTL.TECH may remove any item of User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by DGTL.TECH in its sole and absolute discretion), at any time and without prior notice.
3. DGTL.TECH may also terminate a User's access to this Site or the Services found at this Site if DGTL.TECH has reason to believe the User is a repeat offender. If DGTL.TECH terminates your access to this Site or the Services found at this Site. In its sole and absolute discretion, DGTL.TECH may remove and destroy any data and files stored by you on its servers.
I. ADDITIONAL RESERVATION OF RIGHTS
1. DGTL.TECH expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by DGTL.TECH in its sole and absolute discretion), including but not limited to the following: 1.1. to correct mistakes made by DGTL.TECH in offering or delivering any Services (including any domain name registration), 1.2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry, 1.2.3. to assist with our fraud and abuse detection and prevention efforts (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, 1.2.4. to comply with requests of law enforcement, including subpoena requests, 1.2.5. to comply with any dispute resolution process, 1.2.6. to defend any legal action or threatened legal action without considering whether such legal action or threatened legal action is eventually determined to be with or without merit, or 1.2.7. to avoid any civil or criminal liability on the part of DGTL.TECH, its officers, directors, employees, and agents, as well as DGTL.TECH's affiliates, including, but not limited to, instances where you have sued or threatened to sue DGTL.TECH.
2. DGTL.TECH expressly reserves the right to terminate, without notice to you, any and all Services wherein DGTL.TECH's sole discretion, you are harassing or threatening DGTL.TECH and/or any of DGTL.TECH's employees.
J. NO SPAM
1. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming.
2. Customers suspected to be using our products and services to send spam are thoroughly investigated. If we determine a problem with spam, we will take the appropriate action to resolve the situation.
3. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: 3.1. Email Messages; 3.2. Newsgroup postings; 3.3. Windows system messages; 3.4. Pop-up messages (aka "adware" or "spyware" messages); 3.5. Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs); 3.6. Online chat room advertisements; 3.7. Guestbook or Website Forum postings; 3.8. Facsimile Solicitations; 3.9. Text/SMS Messages.
4. We will not allow our servers and services to be used for the purposes described above.
5. To use our products and Services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy.
6. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
7. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes, or other applicable Services until the customer responds.
8. The registrant or customer will be required to respond by email to us, stating that they will cease to send spam and/or have spam sent on their behalf.
9. If we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
10. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email abuse@dgtl.tech.
11. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
K. TRADEMARK AND/OR COPYRIGHT CLAIMS
1. DGTL.TECH supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please notify us.
2. In case of copyright violation, DGTL.TECH acts as a mediator of the complaining party and the User if the User agrees to cooperate.
3. The copyright infringement report must contain (but is not limited to) the report's reasoning and direct links to the copyrighted material. If the copyright owner makes the report, it must contain evidence of copyright ownership.
4. DGTL.TECH reserves the right to request additional information to confirm the violation of the copyright policy.
L. LINKS TO THIRD-PARTY WEBSITES
1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by DGTL.TECH.
2. DGTL.TECH assumes no responsibility for any third-party websites' content, terms and conditions, privacy policies, or practices. Also, DGTL.TECH does not censor or edit the content of any third-party websites.
3. By using this Site or the Services found at this Site, you expressly release DGTL.TECH from any and all liability arising from your use of any third-party website. Accordingly, DGTL.TECH encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
M. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND DGTL.TECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND FOR THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
N. LIMITATION OF LIABILITY
1. IN NO EVENT SHALL DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DGTL.TECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DGTL.TECH'S TOTAL AGGREGATE LIABILITY EXCEED 6 MONTHS OF THE MONTHLY SERVICE FEE OR 10,000.00 EUR, WHICHEVER IS LESS.
4. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
O. INDEMNITY
You agree to protect, defend, indemnify and hold harmless DGTL.TECH and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by DGTL.TECH directly or indirectly arising from:
I. your use of and access to this Site or the Services found at this Site;
II. your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or;
III. (your violation of any third-party right, including without limitation any intellectual property or another proprietary right. Under this section, the indemnification obligations shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
P. DISCONTINUED SERVICES; END OF LIFE POLICY
1. DGTL.TECH reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although DGTL.TECH makes a great effort to maximize the lifespan of all its Services; there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by DGTL.TECH, in any way, effective on the EOL date.
2. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date.
3. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on said Service before the EOL date.
4. In either case, DGTL.TECH will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by DGTL.TECH in its sole and absolute discretion.
5. With or without notice to you, DGTL.TECH may migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
6. DGTL.TECH will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
Q. FEES AND PAYMENTS
You acknowledge and agree that your Payment Method will be charged and processed by DGTL TECH UK LLP, registered In England & Wales.
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
1. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site when you order the Services.
2. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred before the end of the Services term.
3. DGTL.TECH expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
4. If you have purchased or obtained Services for months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
5. You agree to pay any and all prices and fees incurred more than the allocated resources limits. It is your responsibility not to exceed allocated resources. DGTL.TECH may charge you a fee for exceeding the allocated resources without notice.
6. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following "Payment Methods": (i) by providing a valid credit card, (ii) by using PayPal (as described below), or (iii) via in-store credit balances if applicable (and as described below) or any other payment method acceptable by DGTL.TECH, each a "Payment Method".
7. For Services that offer "Express Checkout", clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.
8. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
9. You acknowledge and agree that where refunds are issued to your Payment Method, DGTL.TECH's issuance of a refund receipt is only confirmation that DGTL.TECH has submitted your refund to the Payment Method charged at the time of the original sale and that DGTL.TECH has no control over when the refund will be applied towards your Payment Method's available balance.
10. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
11. In the event a refund is issued to your Payment Method, and the payment provider, payment processor, or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then DGTL.TECH, in its sole and absolute discretion, reserves the right to issue a refund in the form of an in-store credit.
12. DGTL.TECH also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
13. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within DGTL.TECH's discretion and are not available at customer request.
14. To ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option.
15. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent Service period, except for domain names, which will renew for the original service period. For example, if your last service period is for one year, your renewal period will be for one year for products other than domains.
16. While the automatic renewal option's details vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting.
17. Therefore, unless you disable the automatic renewal option, DGTL.TECH will automatically renew the applicable Service when it comes up for renewal and takes payment from the Payment Method you have on file with DGTL.TECH at DGTL.TECH's then-current rates, which you acknowledge and agree, may be higher or lower than the actual service period rates. To see the renewal settings applicable to you and your Services, log into your member's area and find the respective Account.
18. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services and DGTL.TECH shall not be liable to you or any third party regarding the same. Also, DGTL.TECH may participate in "recurring billing programs" or "account updater services" supported by your credit card provider (and ultimately dependent on your bank's participation).
19. If you are enrolled in an automatic renewal option, we cannot successfully charge your existing Payment Method, DGTL.TECH will automatically suspend and/or terminate Services.
20. DGTL.TECH makes no guarantees that we will request or receive updated credit card information.
21. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.
22. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of Services and DGTL.TECH shall not be liable to you or any third party regarding the same.
23. If for any reason, DGTL.TECH cannot charge your Payment Method for the full amount owed for the Services provided or if DGTL.TECH receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that DGTL.TECH may pursue all available lawful remedies to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.
24. DGTL.TECH also reserves the right to charge you reasonable "administrative fees" or "processing fees" for: 24.1. tasks DGTL.TECH may perform outside the normal scope of its Services, 24.2. additional time and/or costs DGTL.TECH may incur in providing its Services, and/or; 24.3. your non-compliance with this Agreement (as determined by DGTL.TECH in its sole and absolute discretion).
25. Typical administrative or processing fee scenarios include, but are not limited to: 25.1. customer service issues that require additional personal time or attention; 25.2. UDRP (Uniform Domain-Name Dispute-Resolution Policy) actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by DGTL.TECH staff or by outside firms retained by DGTL.TECH; 25.3. recouping any and all costs and fees, including the cost of Services, incurred by DGTL.TECH as the results of chargebacks or other payment disputes brought by you, your bank, or the Payment Method processor.
26. These administrative fees or processing fees will be billed to the Payment Method you have on file with DGTL.TECH.
27. DGTL.TECH may offer product-level pricing in various currencies; however, transaction processing is supported in EUR and a select number of the currency options displayed on this Site ("Supported Currency" or "Supported Currencies").
28. If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency, and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment.
29. If the currency selected is not a Supported Currency, then the transaction will be processed in EUR, and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase.
30. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from your bank account's currency, you may be charged exchange rate conversion fees by your bank.
31. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and DGTL.TECH makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
32. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
Billing Policy
33. The invoice for the Services is calculated according to the current rates on the website. It is the User's responsibility to review billing information.
34. If the User uses monthly Services, invoices are generated five days before the due date.
35. If the User uses long-term Services, invoices are generated five days before the due date, if not stated otherwise.
36. Either party may not change the due date for the payment.
37. If any outstanding invoices are unpaid within the specified period, we will immediately suspend related services.
38. In the case of Service cancellation, we will cancel all related invoices automatically.
39. To reconsideration, the former order is terminated, and the related invoice is canceled.
40. DGTL.TECH reserves the right to refuse some Service upgrades if there are outstanding invoices for the Service in question. In such a case, the User is asked to pay for the unpaid invoices before the upgrade.
41. DGTL.TECH reserves the right to change the rates of Services anytime. The User always receives a notice about any upcoming changes in advance.
Payment Policy
42. Users may not change the currency initially assigned to the Account.
43. Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the Account.
44. DGTL.TECH is not responsible for the price changes that may occur due to currency exchange rates.
45. Prices do not include any taxes imposed by any tax authority of any kind if not stated otherwise. It is the User's responsibility to cover additional taxes that may be applied.
46. Only the User himself may pay for his Services. DGTL.TECH reserves the right to ask to prove the credit card's ownership or any other medium of payment used.
47. DGTL.TECH is not responsible for automatic transactions that are issued by third-party checkout services. The User's responsibility is to manage their third-party checkout services account settings to disable and avoid unwanted automated transactions.
48. By creating a billing agreement for authorized PayPal payments through the Client Area, the User permits DGTL.TECH to process automatic transactions from his PayPal account. The User's responsibility is to create, manage, and terminate authorized PayPal payments in the Client Area.
49. By creating authorized credit card payments through the Client Area, the User gives the Provider permission to process automatic transactions from his credit card. The User's responsibility is to create, manage and terminate authorized credit card payments in the Client Area.
50. By using his PayPal account with DGTL.TECH, the User agrees to set PayPal as his default payment method for all future automatic transactions.
51. If the User chooses to add a credit card to his Account, it will be set as the default payment method for all automatic transactions. The User's responsibility is to create, manage, and terminate authorized payments in the Client Area.
52. DGTL.TECH does not tolerate any type of fraud regarding the payment for the Services. If any illegal actions occur, the Services are terminated, and the User is reported to legal authorities without prior notice.
Refund Policy
53. Refunds are provided only for Test VPS hosting and Test Cloud hosting Services.
54. For Services eligible for a refund, you may request a full refund within 3 (three) days of purchase ("Refund Period").
55. Refunds requested after the Refund Period are not provided.
56. If the User has purchased a Services that includes a free domain name and the user canceled the purchased product, we will deduct the domain name's standard price from the refund amount.
57. The refund excludes the value of 3rd party products and services without any exceptions.
58. To apply for a refund, the User must submit a refund request through his registered Account.
59. Refunds are provided to the User: 59.1. via the same Payment Method used by the User at the original purchase time (if Payment Method used by User is still available); 59.2. to an in-store credit balance.
60. Refunds are applicable only if the User complies with Terms of Universal Terms of Service Agreement, has not undergone suspension or termination due to violations of Universal Terms of Service Agreement before, and has a clear abuse history.
61. Refunds are provided for each service accordingly.
62. Refunds are applicable only if the Services are provided directly by DGTL.TECH. 3rd party products or additional services are not refundable.
63. Refunds are not provided if the Services were not accessible because of 3rd party illegal activities.
64. DGTL.TECH reserves the right to make the final decision on any refund requests issued.
65. If you purchase a product that includes a free domain name, we will deduct the list price for the domain name from the refund amount if you cancel the product. The list price is the price of the domain name listed on DGTL.TECH's website and is not subject to any promotion, discount, or other reduction in price. The refund excludes the value of 3rd party products and services without any exceptions.
66. In no event will you be eligible for more than one refund of the same product or service.
PAY BY PAYPAL
67. By using DGTL.TECH's pay by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In connection in addition to that, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account ("PayPal Funding Source").
68. It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and a valid credit card backs your PayPal Account.
69. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor DGTL.TECH shall be liable to you or any third party regarding the same.
70. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and DGTL.TECH may pursue all available lawful remedies to obtain payment.
71. You agree that if the transaction is returned unpaid, you will pay a Service charge of EUR 20 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
72. By clicking the box labeled "I agree" to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
INTERNATIONAL PAYMENT OPTIONS
73. DGTL.TECH offers various alternative international payment options through various International Payment Providers ("IPP").
74. If you select an IPP, you represent that you have already agreed to any and all of the IPP's applicable customer service agreements in advance of completing your transaction at DGTL.TECH.
75. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of Account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively "Funding Sources". In addition, you agree to allow the selected IPP to debit, if applicable, an "Exchange Rate Conversion Fee", as well as any other fees or charges applicable to your agreement with the IPP (collectively, the "IPP Fees") from your Funding Sources.
76. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by DGTL.TECH.
77. It is your responsibility to keep your Funding Sources current and funded.
78. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor DGTL.TECH shall be liable to you or any third party regarding the same.
79. You acknowledge that DGTL.TECH will not attempt to fulfill the Services purchased by you until DGTL.TECH receives confirmation of payment from the IPP through its associated payment processor.
80. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor.
81. If DGTL.TECH does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed; your order may be canceled, at which time you will need to commence the purchase process again.
82. If you would like to cancel payment for a pending transaction, you may cancel the order through your DGTL.TECH account. Payments received on previously canceled orders will be automatically refunded to the original Payment Method when possible.
83. If, at the time, DGTL.TECH receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result, your purchase is either over-funded or under-funded, DGTL.TECH may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source.
84. If the IPP (or its associated payment processor) imposes refund limitations of any kind, DGTL.TECH reserves the right to issue refunds to an in-store credit balance.
85. If you receive a full refund, you will need to begin the purchase process again.
86. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds are issued by DGTL.TECH will be net of the IPP Fees unless otherwise specified.
IN-STORE CREDIT BALANCES
87. If your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.
88. If your Account contains an in-store credit balance, you hereby authorize DGTL.TECH to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account.
89. If your default Payment Method fails for an automated billing connection with the processing of any Service renewals, DGTL.TECH may utilize any available in-store credit balance if there are enough funds to cover the entire transaction.
90. Regardless of the amount of in-store credit available in your Account, DGTL.TECH is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the purchase time (or renewal).
91. If you have more than one in-store credit, then the credits will be processed according to the credit age, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using DGTL.TECH's daily exchange rate is based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your Account.
92. You understand and agree that at the time of conversion, DGTL.TECH may also impose an additional administrative fee to compensate for the risks and costs of providing currency conversion services.
93. You can verify your available in-store credit balance at any time by logging into "Manage Your Account" or through the shopping cart on DGTL.TECH website.
94. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which the User acquired them, and may expire.
95. Complimentary in-store credits will expire two years after issuance. If DGTL.TECH terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
96. You also acknowledge that DGTL.TECH will hold funds available in your in-store credit balance and will not accrue or pay interest.
97. To the extent any interest may accrue, you understand and agree that DGTL.TECH shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
CHARGEBACKS, REVERSALS, AND RETRIEVALS
98. Chargebacks are not considered an acceptable form of refunding.
99. All payment refunds must be requested following the refund policy instead of issuing a chargeback or opening a transaction dispute.
100. Chargebacks and/or disputes will be considered payment fraud and subject to full investigation.
101. DGTL.TECH will use all information, including the User's Account profile, login history data, and any communication between DGTL.TECH and the User to appeal the chargeback or other payment dispute.
102. If DGTL.TECH receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal, or any other payment gateway, we may suspend all services related to the Account of the User without prior notice.
103. Where applicable, domain disposal may be limited, and requests to perform a transfer may be denied. These conditions apply to third party products as well.
104. For every instance of a chargeback or any other transaction retrieval form, the User agrees to pay a EUR 20 administration fee.
105. To restore the Services, which were suspended due to a chargeback, a reversal, or retrieval, the User is bound to ensure that all chargebacks, reversals, and/or retrievals would be withdrawn. Moreover, any financial mismatch caused by the chargebacks, setbacks, and/or returns must be fully covered by the User before the Services are restored.
R. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
S. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
T. COMPLIANCE WITH LOCAL LAWS
1. DGTL.TECH makes no representation or warranty that the content available on this Site or the Services found at this Site is appropriate in every country or jurisdiction. Access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.
2. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
U. GOVERNING LAW; JURISDICTION
Except for disputes governed by the explicitly mandatory state laws, this Agreement shall be governed by and construed under England and Wales laws.
V. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
1. The titles and headings of this Agreement are for convenience and ease of reference only. They shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
2. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
3. If a court of competent jurisdiction holds any provision (or parts of provisions) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
W. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom.
1. DGTL.TECH reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although DGTL.TECH makes a great effort to maximize the lifespan of all its Services; there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by DGTL.TECH, in any way, effective on the EOL date.
2. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date.
3. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on said Service before the EOL date.
4. In either case, DGTL.TECH will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by DGTL.TECH in its sole and absolute discretion.
5. With or without notice to you, DGTL.TECH may migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
6. DGTL.TECH will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
Q. FEES AND PAYMENTS
You acknowledge and agree that your Payment Method will be charged and processed by DGTL TECH UK LLP, registered In England & Wales.
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
1. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site when you order the Services.
2. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred before the end of the Services term.
3. DGTL.TECH expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
4. If you have purchased or obtained Services for months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
5. You agree to pay any and all prices and fees incurred more than the allocated resources limits. It is your responsibility not to exceed allocated resources. DGTL.TECH may charge you a fee for exceeding the allocated resources without notice.
6. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following "Payment Methods": (i) by providing a valid credit card, (ii) by using PayPal (as described below), or (iii) via in-store credit balances if applicable (and as described below) or any other payment method acceptable by DGTL.TECH, each a "Payment Method".
7. For Services that offer "Express Checkout", clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.
8. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
9. You acknowledge and agree that where refunds are issued to your Payment Method, DGTL.TECH's issuance of a refund receipt is only confirmation that DGTL.TECH has submitted your refund to the Payment Method charged at the time of the original sale and that DGTL.TECH has no control over when the refund will be applied towards your Payment Method's available balance.
10. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
11. In the event a refund is issued to your Payment Method, and the payment provider, payment processor, or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then DGTL.TECH, in its sole and absolute discretion, reserves the right to issue a refund in the form of an in-store credit.
12. DGTL.TECH also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
13. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within DGTL.TECH's discretion and are not available at customer request.
14. To ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option.
15. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent Service period, except for domain names, which will renew for the original service period. For example, if your last service period is for one year, your renewal period will be for one year for products other than domains.
16. While the automatic renewal option's details vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting.
17. Therefore, unless you disable the automatic renewal option, DGTL.TECH will automatically renew the applicable Service when it comes up for renewal and takes payment from the Payment Method you have on file with DGTL.TECH at DGTL.TECH's then-current rates, which you acknowledge and agree, may be higher or lower than the actual service period rates. To see the renewal settings applicable to you and your Services, log into your member's area and find the respective Account.
18. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services and DGTL.TECH shall not be liable to you or any third party regarding the same. Also, DGTL.TECH may participate in "recurring billing programs" or "account updater services" supported by your credit card provider (and ultimately dependent on your bank's participation).
19. If you are enrolled in an automatic renewal option, we cannot successfully charge your existing Payment Method, DGTL.TECH will automatically suspend and/or terminate Services.
20. DGTL.TECH makes no guarantees that we will request or receive updated credit card information.
21. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.
22. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of Services and DGTL.TECH shall not be liable to you or any third party regarding the same.
23. If for any reason, DGTL.TECH cannot charge your Payment Method for the full amount owed for the Services provided or if DGTL.TECH receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that DGTL.TECH may pursue all available lawful remedies to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.
24. DGTL.TECH also reserves the right to charge you reasonable "administrative fees" or "processing fees" for: 24.1. tasks DGTL.TECH may perform outside the normal scope of its Services, 24.2. additional time and/or costs DGTL.TECH may incur in providing its Services, and/or; 24.3. your non-compliance with this Agreement (as determined by DGTL.TECH in its sole and absolute discretion).
25. Typical administrative or processing fee scenarios include, but are not limited to: 25.1. customer service issues that require additional personal time or attention; 25.2. UDRP (Uniform Domain-Name Dispute-Resolution Policy) actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by DGTL.TECH staff or by outside firms retained by DGTL.TECH; 25.3. recouping any and all costs and fees, including the cost of Services, incurred by DGTL.TECH as the results of chargebacks or other payment disputes brought by you, your bank, or the Payment Method processor.
26. These administrative fees or processing fees will be billed to the Payment Method you have on file with DGTL.TECH.
27. DGTL.TECH may offer product-level pricing in various currencies; however, transaction processing is supported in EUR and a select number of the currency options displayed on this Site ("Supported Currency" or "Supported Currencies").
28. If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency, and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment.
29. If the currency selected is not a Supported Currency, then the transaction will be processed in EUR, and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase.
30. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from your bank account's currency, you may be charged exchange rate conversion fees by your bank.
31. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and DGTL.TECH makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
32. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
Billing Policy
33. The invoice for the Services is calculated according to the current rates on the website. It is the User's responsibility to review billing information.
34. If the User uses monthly Services, invoices are generated five days before the due date.
35. If the User uses long-term Services, invoices are generated five days before the due date, if not stated otherwise.
36. Either party may not change the due date for the payment.
37. If any outstanding invoices are unpaid within the specified period, we will immediately suspend related services.
38. In the case of Service cancellation, we will cancel all related invoices automatically.
39. To reconsideration, the former order is terminated, and the related invoice is canceled.
40. DGTL.TECH reserves the right to refuse some Service upgrades if there are outstanding invoices for the Service in question. In such a case, the User is asked to pay for the unpaid invoices before the upgrade.
41. DGTL.TECH reserves the right to change the rates of Services anytime. The User always receives a notice about any upcoming changes in advance.
Payment Policy
42. Users may not change the currency initially assigned to the Account.
43. Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the Account.
44. DGTL.TECH is not responsible for the price changes that may occur due to currency exchange rates.
45. Prices do not include any taxes imposed by any tax authority of any kind if not stated otherwise. It is the User's responsibility to cover additional taxes that may be applied.
46. Only the User himself may pay for his Services. DGTL.TECH reserves the right to ask to prove the credit card's ownership or any other medium of payment used.
47. DGTL.TECH is not responsible for automatic transactions that are issued by third-party checkout services. The User's responsibility is to manage their third-party checkout services account settings to disable and avoid unwanted automated transactions.
48. By creating a billing agreement for authorized PayPal payments through the Client Area, the User permits DGTL.TECH to process automatic transactions from his PayPal account. The User's responsibility is to create, manage, and terminate authorized PayPal payments in the Client Area.
49. By creating authorized credit card payments through the Client Area, the User gives the Provider permission to process automatic transactions from his credit card. The User's responsibility is to create, manage and terminate authorized credit card payments in the Client Area.
50. By using his PayPal account with DGTL.TECH, the User agrees to set PayPal as his default payment method for all future automatic transactions.
51. If the User chooses to add a credit card to his Account, it will be set as the default payment method for all automatic transactions. The User's responsibility is to create, manage, and terminate authorized payments in the Client Area.
52. DGTL.TECH does not tolerate any type of fraud regarding the payment for the Services. If any illegal actions occur, the Services are terminated, and the User is reported to legal authorities without prior notice.
Refund Policy
53. Refunds are provided only for Test VPS hosting and Test Cloud hosting Services.
54. For Services eligible for a refund, you may request a full refund within 3 (three) days of purchase ("Refund Period").
55. Refunds requested after the Refund Period are not provided.
56. If the User has purchased a Services that includes a free domain name and the user canceled the purchased product, we will deduct the domain name's standard price from the refund amount.
57. The refund excludes the value of 3rd party products and services without any exceptions.
58. To apply for a refund, the User must submit a refund request through his registered Account.
59. Refunds are provided to the User: 59.1. via the same Payment Method used by the User at the original purchase time (if Payment Method used by User is still available); 59.2. to an in-store credit balance.
60. Refunds are applicable only if the User complies with Terms of Universal Terms of Service Agreement, has not undergone suspension or termination due to violations of Universal Terms of Service Agreement before, and has a clear abuse history.
61. Refunds are provided for each service accordingly.
62. Refunds are applicable only if the Services are provided directly by DGTL.TECH. 3rd party products or additional services are not refundable.
63. Refunds are not provided if the Services were not accessible because of 3rd party illegal activities.
64. DGTL.TECH reserves the right to make the final decision on any refund requests issued.
65. If you purchase a product that includes a free domain name, we will deduct the list price for the domain name from the refund amount if you cancel the product. The list price is the price of the domain name listed on DGTL.TECH's website and is not subject to any promotion, discount, or other reduction in price. The refund excludes the value of 3rd party products and services without any exceptions.
66. In no event will you be eligible for more than one refund of the same product or service.
PAY BY PAYPAL
67. By using DGTL.TECH's pay by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In connection in addition to that, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account ("PayPal Funding Source").
68. It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and a valid credit card backs your PayPal Account.
69. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor DGTL.TECH shall be liable to you or any third party regarding the same.
70. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and DGTL.TECH may pursue all available lawful remedies to obtain payment.
71. You agree that if the transaction is returned unpaid, you will pay a Service charge of EUR 20 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
72. By clicking the box labeled "I agree" to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
INTERNATIONAL PAYMENT OPTIONS
73. DGTL.TECH offers various alternative international payment options through various International Payment Providers ("IPP").
74. If you select an IPP, you represent that you have already agreed to any and all of the IPP's applicable customer service agreements in advance of completing your transaction at DGTL.TECH.
75. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of Account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively "Funding Sources". In addition, you agree to allow the selected IPP to debit, if applicable, an "Exchange Rate Conversion Fee", as well as any other fees or charges applicable to your agreement with the IPP (collectively, the "IPP Fees") from your Funding Sources.
76. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by DGTL.TECH.
77. It is your responsibility to keep your Funding Sources current and funded.
78. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor DGTL.TECH shall be liable to you or any third party regarding the same.
79. You acknowledge that DGTL.TECH will not attempt to fulfill the Services purchased by you until DGTL.TECH receives confirmation of payment from the IPP through its associated payment processor.
80. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor.
81. If DGTL.TECH does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed; your order may be canceled, at which time you will need to commence the purchase process again.
82. If you would like to cancel payment for a pending transaction, you may cancel the order through your DGTL.TECH account. Payments received on previously canceled orders will be automatically refunded to the original Payment Method when possible.
83. If, at the time, DGTL.TECH receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result, your purchase is either over-funded or under-funded, DGTL.TECH may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source.
84. If the IPP (or its associated payment processor) imposes refund limitations of any kind, DGTL.TECH reserves the right to issue refunds to an in-store credit balance.
85. If you receive a full refund, you will need to begin the purchase process again.
86. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds are issued by DGTL.TECH will be net of the IPP Fees unless otherwise specified.
IN-STORE CREDIT BALANCES
87. If your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.
88. If your Account contains an in-store credit balance, you hereby authorize DGTL.TECH to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account.
89. If your default Payment Method fails for an automated billing connection with the processing of any Service renewals, DGTL.TECH may utilize any available in-store credit balance if there are enough funds to cover the entire transaction.
90. Regardless of the amount of in-store credit available in your Account, DGTL.TECH is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the purchase time (or renewal).
91. If you have more than one in-store credit, then the credits will be processed according to the credit age, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using DGTL.TECH's daily exchange rate is based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your Account.
92. You understand and agree that at the time of conversion, DGTL.TECH may also impose an additional administrative fee to compensate for the risks and costs of providing currency conversion services.
93. You can verify your available in-store credit balance at any time by logging into "Manage Your Account" or through the shopping cart on DGTL.TECH website.
94. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which the User acquired them, and may expire.
95. Complimentary in-store credits will expire two years after issuance. If DGTL.TECH terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
96. You also acknowledge that DGTL.TECH will hold funds available in your in-store credit balance and will not accrue or pay interest.
97. To the extent any interest may accrue, you understand and agree that DGTL.TECH shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
CHARGEBACKS, REVERSALS, AND RETRIEVALS
98. Chargebacks are not considered an acceptable form of refunding.
99. All payment refunds must be requested following the refund policy instead of issuing a chargeback or opening a transaction dispute.
100. Chargebacks and/or disputes will be considered payment fraud and subject to full investigation.
101. DGTL.TECH will use all information, including the User's Account profile, login history data, and any communication between DGTL.TECH and the User to appeal the chargeback or other payment dispute.
102. If DGTL.TECH receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal, or any other payment gateway, we may suspend all services related to the Account of the User without prior notice.
103. Where applicable, domain disposal may be limited, and requests to perform a transfer may be denied. These conditions apply to third party products as well.
104. For every instance of a chargeback or any other transaction retrieval form, the User agrees to pay a EUR 20 administration fee.
105. To restore the Services, which were suspended due to a chargeback, a reversal, or retrieval, the User is bound to ensure that all chargebacks, reversals, and/or retrievals would be withdrawn. Moreover, any financial mismatch caused by the chargebacks, setbacks, and/or returns must be fully covered by the User before the Services are restored.
R. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
S. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
T. COMPLIANCE WITH LOCAL LAWS
1. DGTL.TECH makes no representation or warranty that the content available on this Site or the Services found at this Site is appropriate in every country or jurisdiction. Access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.
2. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
U. GOVERNING LAW; JURISDICTION
Except for disputes governed by the explicitly mandatory state laws, this Agreement shall be governed by and construed under England and Wales laws.
V. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
1. The titles and headings of this Agreement are for convenience and ease of reference only. They shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
2. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
3. If a court of competent jurisdiction holds any provision (or parts of provisions) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
W. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom.
COMPLIANCE PROCEDURE FOR NATURAL PERSON
Regular compliance procedure:
Regular compliance procedure:
- A scan or photo of your national ID (or Passport).
- Your legal residence address with a postal code.
- Your contact phone number.
- Your contact email address.
- Confirm your identity with a photo of yourself holding your ID:
- Take the photo in a room with enough light
- Select the highest photo quality on the device you use to take the photo
- Hold up the document and paper with a sign next to your face, like in the image below:
- Make sure both your face, ID and sign "DGTL" with a date today (on a clean paper) are clear on the photo — nothing on the ID can be covered or censored.
COMPLIANCE PROCEDURE FOR LEGAL PERSON
If the signing party is a legal person If somebody is signing on behalf of a legal person, the DGTL.TECH must verify that:
7.1. Proof of establishment/registration
Normally, proof of establishment of a legal person can be registration with the national authorities (e.g., a recent extract from the Commercial Trade Register or equivalent document proving registration with the national authorities). When this is not available, other proof of establishment may be required (e.g., the law according to which the legal person was established).
The DGTL.TECH reserves the right to check the validity of this documentation by requesting further documentation or additional information from third parties.
7.2. Approval by authorised representative
A contract with either the DGTL.TECH or a sponsoring LIR must be signed by an authorised representative of the legal person. In order to obtain a degree of certainty that the person that signs a contract is authorised to represent the legal person, they must indicate:
The DGTL.TECH may request official documentation proving that the person signing on behalf of the legal person is authorised to do so.
If there are doubts over the correctness of this information, the DGTL.TECH reserves the right to check the validity of this documentation by requesting further documentation (including proof of identity) or additional information from third parties.
- Your legal name.
- Registration number.
- Country of incorporation.
- Your legal address with a postal code.
- Your contact phone number.
- Your contact email address.
- Additional documents:
If the signing party is a legal person If somebody is signing on behalf of a legal person, the DGTL.TECH must verify that:
- The legal person is appropriately established by the national authorities or registered with them (see 7.1. Proof of establishment/registration)
- An authorised representative of the legal person approves this application (see 7.2. Approval by authorised representative)
7.1. Proof of establishment/registration
Normally, proof of establishment of a legal person can be registration with the national authorities (e.g., a recent extract from the Commercial Trade Register or equivalent document proving registration with the national authorities). When this is not available, other proof of establishment may be required (e.g., the law according to which the legal person was established).
The DGTL.TECH reserves the right to check the validity of this documentation by requesting further documentation or additional information from third parties.
7.2. Approval by authorised representative
A contract with either the DGTL.TECH or a sponsoring LIR must be signed by an authorised representative of the legal person. In order to obtain a degree of certainty that the person that signs a contract is authorised to represent the legal person, they must indicate:
- Their name
- Their position in the structure of the legal person
The DGTL.TECH may request official documentation proving that the person signing on behalf of the legal person is authorised to do so.
If there are doubts over the correctness of this information, the DGTL.TECH reserves the right to check the validity of this documentation by requesting further documentation (including proof of identity) or additional information from third parties.
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© DGTL TECH UK LLP, 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom. Reg. OC434843.
+44 20 3807 9477
Terms of Service • Privacy Policy • Cookies Policy