Terms and Conditions

www.78digital.com.au (the website) is operated by 78 Digital, a registered business. We are registered in Australia and our registered office is located at 226 McDonalds Track, Lang Lang VIC 3984

By accessing the website www.78digital.com.au or by purchasing or using any of our products or services, you agree to be bound by these terms and conditions. We may change our terms and conditions from time to time and any changes to these terms and conditions can be viewed on this website.

These terms and conditions govern the supply of all products and services by us to you, the user of those products and services. These terms and conditions refer to and incorporate our policies with regard to Domain Names and Privacy.

Except where stated, all prices on www.78digital.com.au are in Australian dollars and are inclusive of GST. Payment must be made in accordance with the payment option or plan you have selected when commencing your service with 78 Digital.  

Our plans depend on a one off payment, however each individual plan carries a monthly maintenance charge (billed annually) after the first 12 months of your website being launched. These maintenance charges are outlined below:

• Business Plus  $15 per month
  
• Small Store Plan $35 per month
  
• Large Store Plan $60 per month
  

These maintenance charges are in place to cover any requests for support as well as to cover the cost of domain name renewals and hosting renewals..

Any price changes will be notified via email or posted on our website not less than two months before the changes are due to take effect.

Failure to pay may result in your website being deactivated until payment is made and we reserve the right to decline to supply any future products or services until payment is made. At our discretion, if you do not pay we may cancel your website and will not carry out work maintaining the registration of your domain and hosting. Where any amount that you owe remains unpaid, we may notify you when action is required to maintain your domain name and hosting but we will not be liable to you if we do not notify you.

If you wish to deactivate your website within a payment period, it is your responsibility to let 78 Digital know of your intention. Notice must be given no less than 30 days prior to the next invoice being issued.

Your invoice will be emailed to you at the email address you supply when you commence a working relationship with us. You are responsible for ensuring your contact details are up to date.

Any custom work requests undertaken for you outside of the scope of your plan will be quoted and invoiced separately.

You will not be considered to have made any payment until the payment has been cleared through the banking system into our bank account.'

78 Digital works on the basis that we will have your website ready to launch within one week. This time frame can vary depending on you, the client sending through content and imagery for your website. Any delays in compliance may result in your website taking longer than one week to be completed. You are responsible for supplying website content and imagery where applicable.

Your use of the 78 Digital Create service and products is at your sole risk. We make no warranties in relation to the Create website or its contents including but no limited to security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability and completeness of the material,services, software, text graphics and links on our website.

We do not guarantee that our site or services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access our site and use our services. You should have your own virus protection software.

We are not responsible for the content of the websites used by clients of 78 Digital and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such websites.

You agree to defend, indemnify and hold harmless 78 Digital, its officers, directors, employees, representatives and agents from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Create system products or services, including but not limited to:

• Any material which infringes the proprietary or intellectual property of any third party.
  
• Any defects in products sold through your 78 Digital website.

We will provide notice to you promptly of any such claim, action or demand and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.

We may transfer our rights and obligations under this contract to another organisation but this will not affect your rights or obligations under these terms and conditions.

You may only transfer your rights or obligations under these terms and conditions to another person if this has been agreed in writing.

This contact is between you, the client and us, 78 Digital, the service provider. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs set out in these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default to you, we will only do so in writing and that will not mean that we will automatically waive any later default to you.