Web Hosting
Server Uptime and Usage (Web Hosting): Web Bird Digital uses industry standard server hardware and software. Web Bird Digital works to minimise any downtime and endeavours to provide an uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of Web Bird Digital relies on factors outside of its control and accordingly Web Bird Digital does not accept any responsibility for any losses incurred for any down time.
While Web Bird Digital makes incremental and full scheduled backups of its servers, Web Bird Digital does not guarantee that any lost data will be recovered. Additional charges may be incurred where you request Web Bird Digital to attempt to make recoveries of lost data.
You acknowledge and agree that Web Bird Digital may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.
Term
Your Company agrees to an initial one (1) month contractual term of service (“Term”).
This Agreement will automatically renew for successive one (1) month Terms unless cancelled in writing by Your Company at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Your Company indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Your Company’s account.
Package Upgrades
Web Bird Digital has selected a hosting package based on the information available to us at the time of quotation. Should Your Company’s usage of hosting services exceed Web Bird Digital’s expectations, Web Bird Digital may upgrade Your Company to a subsequent hosting package. Each subsequent package incurs an additional $22 (inc. GST) per month. Such upgrades can only be made during the first three (3) months of hosting a website, whenever a website is updated, where website traffic increases significantly or after three (3) months of usage nearing the limit of the account’s package. Web Bird Digital is to advise Your Company 30 days before upgrading the account.
Malicious Software
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. Web Bird Digital will endeavour to protect your website from this while hosted on our servers. However, Web Bird Digital is not to be held responsible for problems that develop on completed sites as a result of; or loss resulting from, malicious software, intrusion, hacking or illegal activity.
Third Party Websites
Web Bird Digital cannot guarantee the quality, performance or stability of websites developed by third party vendors while hosted on our servers, though Web Bird Digital may optimise the security and/or performance of third party WordPress based websites where required. Web Bird Digital reserves the right to request that such optimisations be undertaken at the expense of Your Company where Web Bird Digital deems the website to be at risk of impacting other Web Bird Digital services.
Termination
Web Bird Digital reserves the right to terminate this Agreement and/or cease to provide services to Your Company for reasons including, but not limited to: Web Bird Digital deem the website to be at risk of impacting other Web Bird Digital services or websites hosted on our server, Your Company repeatedly not paying invoices or repeatedly paying past the due date or failure to comply with any provisions of the Agreement upon receipt of written notice from Web Bird Digital of said failure, appointment of Receiver or upon the filing of any application by Your Company seeking relief from creditors, upon mutual agreement in writing of Web Bird Digital and Your Company.
Support
Web Bird Digital provides both phone and email support to our clients, however, this is not a free service. While Web Bird Digital will generally not charge for small requests or assistance (generally up to half an hour), Web Bird Digital reserves the right to invoice Your Company for any time spent by support staff in relation to support requests by Your Company. Some tasks, including but not limited to: email account setup, DNS updates, website security setup, website performance optimisation; have associated flat-rate charges and will be invoiced for on the completion of such work.
Backups
Web Bird Digital provides regular, complete website, account and database backups for all hosting services. Such backups are undertaken weekly (unless otherwise specified). A minimum of 4 backups are maintained at any time. Web Bird Digital reserves to right to invoice for the restoration of backups where factors outside of Web Bird Digital’s influence require a restoration.
Self Management
Where Your Company request any of the following: cPanel access details, FTP account details, external database access, or any other self-management portal; Web Bird Digital will not be held liable for any damage to or failure of hosting services or website(s) related to such service as Web Bird Digital no longer has sole management of such services. Web Bird Digital reserves the right to invoice for repairs, re-configuration or backup restoration of such services where requested or where Web Bird Digital deem necessary.
Website Updates
Web Bird Digital may update CMS or plugin versions of any websites hosted on our server but do not guarantee regular or scheduled updates. As websites age, the ability to update to latest versions becomes more difficult as new features are added and old features deprecated. Where Your Company requests updates, or Web Bird Digital advises that updates be made for security purposes, Web Bird Digital reserves the right to invoice Your Company for any time spent on activities related to such endeavour.
Client Obligations
If Your Company is expecting any large spikes in web traffic, Your Company must inform Web Bird Digital as soon as practicable so that Web Bird Digital can assess any potential impact on its infrastructure and other clients. Any conduct that endangers the web hosting services provided by Web Bird Digital to other clients may result in the website being suspended. This includes, but is not limited to, undertaking activities such as mass mail outs which may cause disruption to Web Bird Digital’ server.
Fees
Hosting and management costs and any fees are set out in the quote(s) provided to you by Web Bird Digital. Your Company is to be aware of costs and ongoing fees before you electing to proceed. Any recurring fees must be paid in full, in advance, in order to ensure service continuity. Web Bird Digital reserves the right to suspend, discontinue or deleted the website and/or hosting account if your fees fall overdue.
All invoices must be paid within 7 days.
Should you require Web Bird Digital to make changes to your website, Your Company will be required to pay for this work in accordance with Web Bird Digital’ pricing at the time of commencement of such work. Such work will be invoiced at Web Bird Digital’ hourly rate and may be quoted for on request.
Hosting fees are to be paid up front by way of monthly or yearly payment.
Warranty by you as to the ownership of intellectual property rights
Your Company is to indemnify Web Bird Digital and hold Web Bird Digital harmless from any claims or legal actions related to the content of your website.
Search Engines
Web Bird Digital does not guarantee any specific position in search engine results for your website.
Consequential Loss
Web Bird Digital shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however such delay arises.
Non-Disclosure
We agree that we will not at any time disclose any of your confidential information to any third party.
Disclaimer
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Web Bird Digital under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.