Terms

By using the Digicast Productions Platform (“Service”), all services of Digicast Productions, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

DIGICAST PRODUCTIONS reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://digicast.com.au/terms

Violation of any of the terms below will result in the termination of your Account. While DIGICAST PRODUCTIONS prohibits such conduct and Content on the Service, you understand and agree that DIGICAST PRODUCTIONS cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.

Account Terms

1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2. You must provide your legal full name, company name, a valid email address, and any other information requested in order to complete the signup process.

3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

4. You are responsible for maintaining the security of your account and password. DIGICAST PRODUCTIONS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

6. If you are using a trial account you are not permitted to block ads.

7. One person or legal entity may not maintain more than one trial account.

8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws (including but not limited to copyright laws).

9. The Service includes up to one (1) gigabyte of bandwidth usage per category each month, includes uploads and downloads. Additional bandwidth usage will be charged accordingly in the next invoice.

10. User accounts and limitations are clearly stated in the Quotation/Client Acceptance provided to you. Excess bandwidth usage will be charged at $44 for every one (1) gigabyte block over the monthly limit.

11. The first two (2) hours of inbound phone support calls made to DIGICAST PRODUCTIONS each month is not charged. All additional inbound phone support calls is charged at a standard rate of $50 for every thirty (30) minute block.

Payment, Refunds, Upgrading and Downgrading Terms

1. You will be sent email invoices. Invoices are due within thirty (30) days of receipt.

2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

3. Accounts that remain unpaid thirty (30) days after the date of the invoice may be assessed a service charge of $33 for that month.

4. For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.

5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. DIGICAST PRODUCTIONS does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. A phone request to cancel your account is not considered cancellation.

2. Cancellation of the Service must be requested in a written notice and will be effective twenty eight (28) days after receipt of such notice.

3. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

5. DIGICAST PRODUCTIONS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DIGICAST PRODUCTIONS service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. DIGICAST PRODUCTIONS reserves the right to refuse service to anyone for any reason at any time.

6. If you agree to a contract commitment and wish to discontinue the Service within the contract period, you must pay the amounts remaining for the length of the remaining contract.

Modifications to the Service and Prices

1. DIGICAST PRODUCTIONS reserves the right at any time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. DIGICAST PRODUCTIONS endeavours to provide advance notice of major updates and to minimise disruption to the Service.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from DIGICAST PRODUCTIONS. Such notice may be provided at any time by posting the changes to the DIGICAST PRODUCTIONS site (Digicast Productions.com.au) or the Service itself.

3. DIGICAST PRODUCTIONS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with Australian copyright law.

2. DIGICAST PRODUCTIONS claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

3. DIGICAST PRODUCTIONS does not pre-screen Content, but DIGICAST PRODUCTIONS have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

4. The look and feel of the Service is copyright. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DIGICAST PRODUCTIONS.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. You understand that DIGICAST PRODUCTIONS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DIGICAST PRODUCTIONS, or any other DIGICAST PRODUCTIONS service or associated vendor.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DIGICAST PRODUCTIONS.

5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DIGICAST PRODUCTIONS customer, employee, member, or officer will result in immediate account termination.

7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. You must not transmit any worms or viruses or any code of a destructive nature.

9. DIGICAST PRODUCTIONS does not warrant that:

(i) the service will meet your specific requirements,

(ii) the service will be uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of the service will be accurate or reliable,

(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and

(v) any errors in the Service will be corrected.

10. The failure of DIGICAST PRODUCTIONS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DIGICAST PRODUCTIONS and govern your use of the Service, superceding any prior agreements between you and DIGICAST PRODUCTIONS (including, but not limited to, any prior versions of the Terms of Service).

12. Questions about the Terms of Service should be sent to info@digicast.com.au.