Website Hosting Terms
Build Digital Growth reserves the right to change or update these terms at any time without prior notice.
1.1. The whole purpose of our care plans is preventative care, so we work hard to prevent anything from happening. However, in the case something does happen and your website needs emergency care, we will be there right by its side communicating with the web hosting company on your behalf. We cannot promise your website will not be hacked but can promise we will do everything in our power to prevent it through strong website security software. If you do happen to have your website hacked and require website restoration or in more severe cases, cleanup of malware, If you’re on a care plan that does not cover malware cleanup, we will provide an invoice before beginning.
1.2. We are all about building a valuable relationship with you and your website, so we would hate to see you go but we know financial needs weigh on many decisions and don’t want to lock anyone in. However a cancellation in hosting would mean your website will need to be moved elsewhere.
Request a cancellation via email to firstname.lastname@example.org, and we will immediately stop the next payment.
1.3. If a client or a third-party moves a website outside of Build Digital Growth’s hosting environment and does not inform a member of our team with 14 days prior notice, the client will be invoiced for a severance fee of $500 ex gst to cover backups and severance from our systems. For any outstanding invoices that still remain, the client will be subject to pay the outstanding amount within 7 days or face legal action.
1.4. Please note that by having your website hosted by Build Digital Growth, you are agreeing to all of our terms of service and the basic monthly fee of $60 per month, unless a higher plan is arranged. By having your website hosted with Build Digital Growth, the point of contact agrees on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
2. Moving to Build Digital Growth
2.1. Because we are moving your website to us, we cannot guarantee the website can be smoothly updated, especially if it has been neglected for long periods of time. In most cases the updating of old websites results in certain functionality breaking which results in excessive hours to fix, If your website is severely outdated, we will let you know and provide a course of action to rectify once you are hosted with ourselves.
3. Task Requests
3.1. You simply send us an email to email@example.com with clear instructions on the content you want to change on your website and we get straight to work and let you know when it’s done. If you’re on our Just Hosting Care Plan, you will be prompted to approve our hourly rate before we begin any work. All other care plan clients will receive unlimited task requests within 24-48 hours from sending your request to our support team.
3.2. If you are on a Protect or Perform Care Plan, you may request as many tasks per month as you like. An unlimited task is a task that falls within 30 minutes, this means we cant go creating entirely new websites, creating emails or any other external tasks (specifically website only).
3.3. Build Digital Growth reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
4. Website Updates
4.1. Depending on your care plan, each month our team will update all themes and plugins. If at the end of the month you notice themes or plugins are outdated, this is due to plugin and theme developers constantly updating software to newer versions. Customers on higher care plan tiers will receive more consistent updates on a weekly basis.
4.2. If anyone other than Build Digital Growth or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $150 per hour. There is a one-hour minimum.
4.3. WordPress is always updating, changing and evolving, this is why we can never guarentee 100% uptime. Sometimes a plugin will automatically update without our knowing, or a plugin developer releases an update that is unstable and can bring down the website.
4.4. Some premium themes and plugins require an annual licensing fee for ongoing updates and support. Premium themes and plugins used on your website are provided at their current software version. Future updates and security patches for premium themes and plugins are covered as part of our website management service. We cannot guarantee updates or security patches for any premium themes and plugins used on your site if you opt not participate in our website management service.
5. Invoicing and Payment
5.1. To begin receiving hosting & maintenance support, you will need to pay the upfront invoice, along with signing up to our direct debit system.
5.2. On the 1st of every month we send our customers an invoice which is followed by the direct debit from your nominated bank account. If funds are not available in the account, we will keep attempting until the transaction is successful.
5.3. Failure to pay the monthly invoice after multiple attempts will result in your website being shut down until the bill is paid for in full.
5.4. Due to our hosting being a part of the care plans, you cannot cancel or receive a refund for any month of the care plan, you can however downgrade or upgrade a care plan.
5.5. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorised by Build Digital Growth.
6.1. Build Digital Growth does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
7. Pricing & Payments
7.1. All prices appearing on this site are subject to change without notice. Once a client of Build Digital Growth, you authorise Build Digital Growth to charge the payment method you submitted for all the invoices generated for the services rendered by Build Digital Growth. In order to cancel your recurring payment or change payment method, simply contact Build Digital Growth prior to your payment’s due date.
7.2. If a client has a website hosted with Build Digital Growth and does not pay their monthly installments on-time each month, the client will be notified and requested to fulfill any outstanding invoices. If the client does not respond within 7 days of our team reaching out via email, the website will be shut down until the client fulfills any outstanding invoices.
8. Hacked Website
8.1. While we install some of the best security monitoring software on the market, this doesnt mean your website will ever be 100% protected from individuals with malicious intent. We hold no responsibility over your website being hacked, even if we are to update your website on a monthly basis to protect against vulnerable plugins. If you’re one our Protect/Perform plans and your website is compromised by malicious intent, we will clean your website of any malware and vulnerabilities free of charge, as part of your care plan.
9. Limitations of Liability; Disclaimer of Warranties
9.1. Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
Build Digital Growth does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will Build Digital Growth be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Build Digital Growth has been advised of the possibility of such damages.
Build Digital Growth does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Build Digital Growth disclaims any liability relating thereto.
This Agreement is governed by the laws of Victoria, Australia without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Build Digital Growth or relating in any way to your use of the created webpages or Internet website resides in the courts of the State of Victoria, Australia.
Please contact us with any questions regarding the Build Digital Growth terms of service by email firstname.lastname@example.org