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Terms and Conditions

Defined Digital (ABN: 81 161 267 257)
Last updated: 25 July 2026

1. Introduction

These Terms and Conditions ("Terms") govern the provision of managed IT services, web hosting, and DNS management services (the "Services") by Defined Digital ("we", "us", "our"), a sole trader operating under ABN 81 161 267 257, to any individual or business ("you", "Client") who engages our Services.

By engaging our Services, signing a proposal, quote, or Service Agreement, or by using any Services we provide, you agree to be bound by these Terms.

2. Services

We provide the following Services, as agreed in an applicable quote, proposal, or Service Agreement:

  • Managed IT Services: ongoing IT support, monitoring, maintenance, helpdesk support, and related consulting
  • Web Hosting: hosting of websites, applications, email, and associated data on servers owned or leased by us or third-party providers
  • DNS Management: management of domain name system records, including but not limited to A, CNAME, MX, and TXT records

Specific inclusions, exclusions, pricing, and service levels will be set out in an individual quote, proposal, or Service Agreement, which forms part of these Terms.

3. Client Obligations

You agree to:

  • Provide accurate, current, and complete information required to deliver the Services
  • Provide timely access to systems, premises, personnel, or third-party accounts reasonably required to perform the Services
  • Maintain your own backups of critical data unless a backup service is explicitly included in your agreement with us
  • Use the Services in compliance with applicable laws and not for any unlawful, fraudulent, or malicious purpose
  • Keep login credentials for any systems we provide access to secure and confidential

4. Fees and Payment

  • Fees for Services will be set out in the applicable quote, proposal, or invoice
  • Unless otherwise agreed, invoices are payable within 14 days of the invoice date
  • Late payments may incur interest at 1.5% per month, or we may suspend Services until outstanding amounts are paid
  • We reserve the right to vary our fees with 30 days' written notice for ongoing or recurring services
  • All fees are exclusive of GST unless stated otherwise, and GST will be added where applicable

5. Service Levels and Availability

  • We will use reasonable skill and care to provide the Services in a timely and professional manner
  • Where a Service Level Agreement (SLA) applies, response and resolution times will be set out separately
  • We do not guarantee uninterrupted or error-free operation of hosting, DNS, or IT systems, as these may be affected by factors outside our control, including third-party infrastructure, internet outages, or force majeure events
  • Scheduled maintenance will be communicated in advance where reasonably practicable

6. Web Hosting and DNS Specific Terms

  • You retain ownership of all content, data, and materials you upload or store on hosting services we manage
  • You are responsible for ensuring content hosted does not infringe any third party's intellectual property rights, contain unlawful material, or breach any applicable law
  • We reserve the right to suspend or remove content that we reasonably believe breaches these Terms, poses a security risk, or is unlawful
  • DNS changes may take time to propagate across the internet and we are not responsible for delays caused by third-party DNS resolvers or registrars
  • Domain name registrations, where facilitated by us, remain subject to the terms of the relevant domain registrar and registry

7. Intellectual Property

  • We retain ownership of any pre-existing tools, scripts, documentation, methodologies, or software we use or develop in the course of providing Services, unless otherwise agreed in writing
  • You retain ownership of your own data, content, and any custom deliverables specifically paid for and created for you, as set out in the applicable agreement

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and to use such information only for the purposes of performing or receiving the Services.

9. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability arising out of or in connection with the Services, whether in contract, tort (including negligence), or otherwise, is limited to the total fees paid by you for the Services in the 12-month period preceding the event giving rise to the claim
  • We are not liable for any indirect, consequential, or special loss, including loss of profits, revenue, data, or business opportunity, arising from or in connection with the Services
  • Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded

10. Data Backup and Loss

Unless a specific backup service is included in your agreement, you are responsible for maintaining your own backups of data hosted or managed by us. We are not liable for data loss resulting from hardware failure, third-party service interruptions, cyberattacks, or other events outside our reasonable control, except to the extent caused by our negligence.

11. Suspension and Termination

  • Either party may terminate ongoing Services by providing 30 days' written notice, unless otherwise specified in a Service Agreement
  • We may suspend or terminate Services immediately if you breach these Terms, fail to pay outstanding fees, or engage in unlawful or abusive conduct
  • Upon termination, any outstanding fees become immediately payable, and we will provide reasonable assistance to transition hosting, DNS, or IT services to another provider, subject to payment of any applicable fees

12. Third-Party Services

Some Services may rely on third-party infrastructure or software (e.g. cloud hosting providers, domain registrars, software licences). We are not liable for outages, changes, or failures caused by third-party providers, though we will make reasonable efforts to minimise disruption and assist with resolution.

13. Warranties and Disclaimers

We provide the Services with reasonable skill and care. Except as expressly stated in these Terms or as required by law, we make no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

14. Indemnity

You agree to indemnify and hold us harmless against any claims, losses, or damages arising from your breach of these Terms, misuse of the Services, or content you upload or host through our Services, except to the extent caused by our negligence or breach.

15. Force Majeure

We are not liable for any delay or failure to perform our obligations caused by circumstances beyond our reasonable control, including natural disasters, internet or power outages, third-party infrastructure failures, or government action.

16. Governing Law

These Terms are governed by the laws of the Australian Capital Territory, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State/Territory.

17. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms. Material changes affecting ongoing Service Agreements will be communicated directly where practicable.

18. Contact Us

Defined Digital
ABN: 81 161 267 257
Email: james.kumar@defineddigital.com.au
Address: 18 Graham Street, Macgregor ACT 2615, Australia