Terms and Conditions and Privacy Policy

Terms and Conditions and Privacy Policy

Introduction

These Terms and Conditions govern the use of services provided by Digital Web Way, a project of Sustainability and Resilience Institute Limited, New Zealand. By using our website and services, including website hosting, domain registration, and other related offerings, you agree to be bound by these Terms and Conditions. Please read them carefully before accessing or using our services. If you do not agree to these terms, you must not use our services.

1. Definitions

  • “Digital Web Way” refers to the website and services offered at www.digitalwebway.com.
  • “Company” refers to Sustainability and Resilience Institute Limited, the parent company of Digital Web Way.
  • “Client” refers to any person or entity purchasing or using the services provided by Digital Web Way.
  • “Services” refers to website hosting, domain registration, and any other products or services offered by Digital Web Way.
  • “Website” refers to www.digitalwebway.com and any subdomains.

2. Eligibility

To use our services, you must:

  • Be at least 18 years old.
  • Possess the legal capacity to enter into binding contracts.
  • Agree to provide accurate and up-to-date information for billing, registration, and service purposes.

By using our services, you confirm that you meet these requirements.

3. Service Provision

Digital Web Way offers website hosting, domain registration, and other digital services as outlined on our website. We make every effort to provide uninterrupted and high-quality service, but we cannot guarantee that our services will be available at all times due to maintenance, technical issues, or other factors outside our control.

We reserve the right to suspend, limit, or terminate services at any time for any reason, including but not limited to:

  • Failure to comply with these Terms and Conditions.
  • Suspected fraud or illegal activity.
  • Non-payment or overdue balances.

4. Fees and Payment

  • Pricing: All prices (in USD & NZD) for services are clearly listed on our website or communicated in your service agreement. Prices are subject to change at any time without prior notice.
  • Billing: Clients are billed on a monthly or annual basis, depending on the service plan selected. All fees must be paid within the specified period to maintain service continuity.
  • Late Payments: If you fail to make timely payments, we may suspend or terminate your account without further notice.
  • Non-Refundable Payments: Payments made for services are non-refundable unless explicitly stated otherwise in your service agreement.

5. Client Responsibilities

As a client of Digital Web Way, you are responsible for:

  • Accurate Information: Providing and maintaining accurate billing and contact information.
  • Account Security: Safeguarding your login credentials and ensuring that only authorised individuals access your account.
  • Compliance with Laws: Ensuring that your use of our services complies with all applicable laws, regulations, and intellectual property rights.
  • Acceptable Use: You may not use our services to host or distribute illegal content, including but not limited to:
    • Malware or malicious software.
    • Copyright-infringing content.
    • Hate speech or discriminatory materials.
    • Fraudulent or deceptive activities.

Failure to comply with these requirements may result in the suspension or termination of your services.

6. Discontinuation of Service and Data Responsibility

When a service is discontinued, whether due to cancellation, non-payment, or any other reason, it is the Client’s responsibility to download and back up all emails, website data, and other information stored on Digital Web Way’s servers before the service is terminated.

  • Digital Web Way is not responsible for the loss of any data once the service has been discontinued.
  • Upon termination or cancellation, clients must ensure that all data is backed up as it will no longer be accessible.
  • Digital Web Way will not recover lost data once the service has been terminated, regardless of the reason for termination.

7. Domain Registration and Payment Details

  • Client Responsibility for Payments: It is the Client’s responsibility to ensure that their payment details are current and updated promptly to avoid any service interruptions.
  • Loss of Domain: Failure to update payment details or renew the domain on time may result in the loss of domain registration, and Digital Web Way will not be held liable for any loss or damages related to the expiration or unavailability of a domain.

8. Changes to Pricing, Terms, and Conditions

  • Price Changes: Digital Web Way reserves the right to modify service pricing at any time without prior notice.
  • Terms and Conditions Changes: These Terms and Conditions, as well as our Privacy Policy, may be changed at any time. We recommend clients regularly review the terms posted on our website.
  • Acceptance of Changes: Continued use of our services after any changes signifies your acceptance of the updated terms.

9. Intellectual Property

All content, including text, images, logos, and designs on the Digital Web Way website, are the intellectual property of Sustainability and Resilience Institute Limited or its licensors. You may not copy, distribute, or use any of this content without prior written consent from Digital Web Way.

10. Limitation of Liability

To the fullest extent permitted by law, Digital Web Way and its parent company, Sustainability and Resilience Institute Limited, shall not be held liable for:

  • Any indirect, incidental, or consequential damages arising from the use of our services.
  • Loss of data, revenue, or business opportunities due to service disruptions or failures.
  • Loss of domain registration or other digital assets due to client negligence, non-payment, or failure to maintain accurate account information.

11. Termination of Services

We reserve the right to terminate or suspend services at any time without notice if we suspect:

  • Violation of these Terms and Conditions.
  • Engagement in illegal activities or activities that may harm Digital Web Way’s reputation.

Upon termination, clients will lose access to all services and data. Any outstanding balances must be paid upon termination.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of New Zealand. Any disputes or claims arising from these Terms and Conditions or the use of Digital Web Way services will be resolved in the courts of New Zealand.

13. Company Ownership

Digital Web Way is a project of Sustainability and Resilience Institute Limited, a company based in New Zealand. Any legal or business correspondence should be directed to the parent company. All services provided by Digital Web Way are managed by this entity.

14. Contact Information

For any queries regarding these Terms and Conditions or any other aspect of our services, you can contact us through the following means:

Digital Web Way – Privacy Policy

At Digital Web Way, a project of Sustainability and Resilience Institute Limited (NZ), we are committed to protecting your privacy and ensuring that your personal data is handled securely and responsibly. This Privacy Policy outlines how we collect, use, and protect your personal information when you use our services, including website hosting and domain registration, and your rights regarding your data.

1. Data Controller

Digital Web Way, operated by Sustainability and Resilience Institute Limited, is the data controller responsible for the collection and processing of your personal data. Any queries regarding this Privacy Policy should be directed to:

Contact Information

2. Data Collection

We collect and process personal data that you provide to us when using our services, visiting our website, or communicating with us. This includes:

  • Contact Information: Name, email address, phone number, postal address.
  • Account Information: Username, password, and other security details for your Digital Web Way account.
  • Billing Information: Payment details, such as credit card information, billing addresses, and transaction history.
  • Domain Registration Information: Personal details required for domain name registration, as mandated by domain registration bodies.
  • Technical Information: IP addresses, browser type, operating system, and browsing behaviour on our website.

We may also collect additional information that you voluntarily provide to us through surveys, support requests, or other communications.

3. How We Use Your Data

We use your personal data for the following purposes:

  • Service Provision: To deliver the services you have requested, such as website hosting, domain registration, and technical support.
  • Billing and Payments: To process your payments and manage your account.
  • Communication: To contact you regarding your services, respond to inquiries, and send notifications about changes to our services, prices, or policies.
  • Marketing: With your consent, we may use your email address to send you marketing materials, newsletters, or promotional offers. You can opt-out of these communications at any time.
  • Legal Obligations: To comply with applicable laws, including regulations set by domain registries, tax authorities, and data protection laws.
  • Fraud Prevention and Security: To detect and prevent fraudulent activities or unauthorised access to our services.

4. Legal Basis for Processing

We process your personal data based on one or more of the following legal grounds:

  • Performance of a Contract: We process your data to fulfil our contractual obligations to you, such as providing website hosting and domain registration services.
  • Legitimate Interests: We may process your data for legitimate business purposes, such as improving our services, managing billing, or ensuring security.
  • Legal Obligations: In certain cases, we are required by law to process your data, such as for tax reporting or regulatory compliance.
  • Consent: Where you have explicitly provided consent, such as for marketing communications, we will process your data in accordance with that consent.

5. Data Sharing and Disclosure

We will not share, sell, or disclose your personal data to third parties, except in the following circumstances:

  • Domain Registries: When you register a domain, we are required to share certain information with domain registration bodies and ICANN (Internet Corporation for Assigned Names and Numbers) for the purpose of fulfilling your domain registration.
  • Service Providers: We may share your data with trusted third-party service providers who assist in delivering our services (e.g., payment processors, hosting providers, or customer support services). These providers are bound by confidentiality agreements and are not permitted to use your data for any other purpose.
  • Legal Compliance: We may disclose your data to government authorities, regulators, or law enforcement agencies if required by law or to protect our legal rights.
  • Business Transfers: In the event of a merger, acquisition, or sale of assets, your personal data may be transferred as part of the business transaction, subject to confidentiality obligations.

6. Data Retention

We retain your personal data for as long as necessary to fulfil the purposes outlined in this Privacy Policy or as required by law. This includes retaining your data for the duration of your account with Digital Web Way and for any subsequent periods necessary for accounting, tax, or legal purposes.

7. Data Security

We take data security seriously and have implemented appropriate technical and organisational measures to protect your personal data from unauthorised access, disclosure, or loss. This includes encryption of sensitive information, secure data storage, and regular security audits.

However, while we strive to protect your data, no system is completely secure, and we cannot guarantee the security of your data. You are responsible for safeguarding your account credentials and notifying us immediately of any unauthorised access to your account.

8. Your Rights

Under data protection laws, you have the following rights regarding your personal data:

  • Access: You have the right to request a copy of the personal data we hold about you.
  • Correction: You have the right to correct any inaccurate or incomplete data we hold about you.
  • Erasure: You have the right to request the deletion of your personal data, subject to legal requirements for data retention.
  • Restriction of Processing: You have the right to request that we limit the processing of your data under certain circumstances.
  • Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
  • Objection: You have the right to object to the processing of your data in certain circumstances, including for direct marketing purposes.
  • Withdraw Consent: If you have provided consent for the processing of your data, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us at info@digitalwebway.com. We may require verification of your identity before responding to your request.

9. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to improve your experience on our website and to gather information about usage patterns. Cookies are small data files that are stored on your device when you visit a website.

We use cookies for the following purposes:

  • Essential Cookies: These cookies are necessary for the operation of our website and enable you to use its features.
  • Performance Cookies: These cookies collect information about how you use our website, such as pages visited and error messages.
  • Marketing Cookies: These cookies are used to deliver personalised advertising based on your interests.

You can manage your cookie preferences through your browser settings. However, disabling cookies may affect the functionality of our website.

10. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites. We encourage you to read the privacy policies of any third-party sites you visit.

11. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on this page, and we recommend reviewing this policy regularly to stay informed about how we protect your personal data.

12. Governing Law

This Privacy Policy is governed by the laws of New Zealand. Any disputes or claims arising from this Privacy Policy or the use of our services will be resolved in the courts of New Zealand.