COPYRIGHT © 2009 -
Digital Hybrid Pty Ltd
All rights reserved worldwide

power efficient servers

services monitored 24/7

years of experience

365 days a year



AMENDMENTS

Digital Hybrid Pty Ltd reserves the right to change our Terms and Conditions (with the exception of our Privacy Policy) at any time. In the event of an update or change, a new version of these terms and policies will be posted on our website. You should check this page occasionally to ensure you are satisfied with any changes.

We may also notify you of changes to our Terms and Policies by email, but we are not obliged to do so.

 

 

SERVICE DELIVERY

All of our hosted/cloud services are delivered as supported, but self-managed.

We will support you with any enquiry you might have regarding your services, but you are expected to learn how to manage those services on a day-to-day basis. We provide an extensive Knowledgebase featuring a wide range of easy-to-follow, step-by-step guides which will assist you in doing most things related to the management of your services. Please be sure to acquaint yourself with one of our Knowledgebases.

For retail customers, visit the ezycloud Knowledgebase HERE.

For resellers, visit the ezyreseller Knowledgebase HERE.

Digital Hybrid is not an IT support company; we are a cloud communications service provider. As such, it is not our responsibility to manage your local network or to resolve any connectivity-related issues emanating from it. While we are happy to advise, and to sometimes assist with remotely connected support sessions, site visits by Digital Hybrid staff are not an option. Therefore, you may need to engage an IT support company who can make site visits to assist you with any issues you might have.


PRIVACY POLICY

We are committed to safeguarding the privacy of our customers, resellers and website visitors.

This policy sets out how we will treat your personal information.

 

 

WHAT INFORMATION DO WE COLLECT?

We may collect, store and use the following kinds of personal data. For example:

(a) your personal information for use in our e-commerce platforms and service control panels

(b) information about your visits to and use of any of our websites;

(c) information about any transactions carried out between you and us on or in relation to any of our websites, and/or any purchases of our goods or services;

(d) information that you provide to us for the purpose of registering with us and/or subscribing to our services and/or email notifications.

(e) if you are subscribed to a hosted PBX, VoIP, virtual fax and SIP trunking service, you will be required to supply personal information to the "Integrated Public Number Database" (IPND). This is required by Australian Federal law and must be kept up to date.

 

 

INFORMATION ABOUT WEBSITE VISITS

We may collect information about your computer and your visits to any of our websites, including such information as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website's usability, and for marketing purposes.

We use cookies on all of our websites. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored by your browser on your computer's hard drive. We may use the information we obtain from the cookie in the administration of any of our websites, to improve these websites' usability and for marketing purposes. We may also use that information to recognise your computer when you visit any of our websites, and to personalise our websites for you.

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including those of Digital Hybrid.

 

 

USING YOUR PERSONAL DATA

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of any of our websites.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to improve your browsing experience by personalising any of our websites.

We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

 

 

SECURITY OF YOUR PERSONAL DATA

We will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, therefore, we cannot guarantee the security of data sent over the internet.

We will store all of the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using a minimum of 256-bit SSL encryption technology.

You are responsible for keeping your password/s confidential. We may ask for your password/s before we can make changes to your account.

 

 

DATA SOVEREIGNTY

Digital Hybrid stores all customer data and backups securely within our chosen data centres, located exclusively in Australia. Our chosen data centres, and partner data centres, provide Tier III standards of uptime and security.

In addition to providing low latency for our largely Australian customer base, this also provides local data access and compliance with data sovereignty requirements.

As an Australian owned and Australian supported cloud communications provider, we comply with Australian federal and state data protection and privacy laws. With the exception of DNS zone records used on our globally redundant DNS servers, your personal data is not transferred or stored outside of Australian jurisdiction.

 

 

OTHER DISCLOSURES

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

 

 

YOUR RIGHTS

You may instruct us to provide you with any personal information we hold about you. Provision of such information is a part of our service if you require it.

 

 

CONFIDENTIAL COMMUNICATIONS

All correspondence between you, your chosen contacts and Digital Hybrid are considered to be confidential.

Digital Hybrid will never publically divulge the contents of any email, support ticket, invoice etc.

Likewise, you also agree to keep all correspondence confidential.

If you are found in breach of this commitment, eg, by publishing the contents of any correspondence in the public arena, you may be liable to have your account suspended or terminated.

 

 

THIRD PARTY WEBSITES

Some of our websites contain links to other websites. We are not responsible for the privacy policies of third party websites.

 

 

PRIVACY POLICY AMENDMENTS

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy be email, but we are not obliged to do so.


GENERAL USAGE POLICIES

Digital Hybrid strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers or of our services. We respect your freedom of speech and expression ... unless it is harmful to others. These guidelines are imposed to protect you, other Digital Hybrid customers, and us against such harm.

 

 

YOUR DETAILS

Should your details change at any time, you must notify us immediately.

As a retail customer, you may do this by logging into the Client Zone and editing "My Details".

As a wholesale reseller, you may do this by logging into the Reseller Zone and editing "My Details".

If you are subscribed to an hosted PBX, VoIP, virtual fax and SIP trunking service, you will be required to supply personal information to the "Integrated Public Number Database" (IPND), which is governed by the Australian Communications and Media Authority (ACMA) and is used for geo-locational use by Australian Emergency Services. This is required by Australian Federal law and must be kept up to date. This is your responsibility if your details change.

 

 

PAYMENT POLICIES, FEES, REFUNDS & DEBT RECOVERY

Full payment is required in-advance for all invoiced services.

You are billed according to the number of services you order.

Invoices will be issued five (5) days prior to the due date, giving you the opportunity to always pay on time.

All invoices, account statements and receipts are sent via email. You may also view and print them any time. You may do this by logging into the Client Zone.

We will charge you each calendar month using the payment method you first used when placing your initial order. You can change your preferred payment method at any time by logging into the Client Zone and clicking "Edit Account Details".

It is also your responsibility to ensure your payment information is always up to date.

Except in rare cases, we will not chase late payments. Regular payment reminder emails will be sent to your registered addresses, so we expect you to exercise your personal responsibility by paying the overdue invoice within the stated five (5) day grace period to avoid interruption to your services.

If you require a payment extension, it is your responsibility to contact us in time to make that request.

We allow a five (5) day grace period after your due date for late payments, however, if your payment has not been received and confirmed within five (5) days after the due date of your invoice, your account will be temporarily suspended at 12:00pm the following day for retail customers, or 1:00pm the following day for wholesale resellers.

We expect that the option of our five (5) day grace period will utilised by you as the exception and not the rule. Persistent and regular late payments may result in a refusal of service and a request for you to find another service provider.

All payments that remain outstanding at the end of our grace period will incur a late fee of a minimum of $10.00 or 2.5% of the invoice total; whichever is the greater amount.

For retail customers; if your invoice remains unpaid for a total of one calendar month without you making a payment arrangement with us, your account will be terminated and your services and data deleted will be from our systems. For wholesale resellers; the same is true, however, we may contact your customers directly just prior to your account termination to offer them the opportunity to establish a retail account with us, to ensure their uninterrupted service continuity if no payment arrangement has been or can be made with you.

The date you first signed up with Digital Hybrid, will be your specific recurring billing date.

Any subsequent services you order from Digital Hybrid, will be charged on a prorata basis using your specific recurring billing anniversary. This allows us to provide you with the ease of a single invoice every month, regardless of the amount of services you're subscribed to.

Payments may be made using a stored credit card, ie, Visa, MasterCard or American Express, BPay or PayPal. All credit card charges will show as "Digital Hybrid P/L”. All invoice payments are due in advance on your specific recurring billing date.

A 2.5% processing fee will be added to all American Express and PayPal transactions. These charges are non-refundable. There are no additional charges placed on Visa, MasterCard or BPay transactions.

Digital Hybrid is a Westpac Merchant, so you can rest assured that all credit card transactions will be fully secured according to Westpac's stringent security policies.

All invoices will come from Digital Hybrid Pty Ltd and all credit card charges will show as being from DIGITAL HYBRID P/L.

Digital Hybrid reserves the right to change prices at any time. Price changes can and may effect current Digital Hybrid clients.

All monetary transactions are in Australian dollars only and include GST for Australian customers.

 

 

ACCOUNT & SERVICE CANCELLATION

If you wish to discontinue a service subscription, it is your responsibility to request a cancellation.

As a retail customer, you may do this by logging into the Client Zone.

As a wholesale reseller, you may do this by logging into the Reseller Zone.

Once logged in, follow these steps ...

  1. From the Dashboard, click into Products/Services > Manage, and then click on any of the services you wish to cancel.
  2. Now click Management Actions > Request Cancellation and follow the prompts to complete the short process for each service.
  3. The system will then automatically action your choices, ie, immediately (next available daily system routine) or end of billing cycle.

A final invoice may be issued after disconnection for any unpaid monies, and you must pay all fees and charges you incurred using the service, up to and including the date of cancellation.

If an account is cancelled by Digital Hybrid due to a violation of our Terms and Policies, no refund will be offered either in full or in part.

If you wish to close your account entirely, please contact our team by submitting an Accounts Ticket after requesting cancellation of all your services.

As a retail customer, you may do this by logging into the Client Zone.

As a wholesale reseller, you may do this by logging into the Reseller Zone.

Note that it is not acceptable for you to call or email us requesting a service cancellation. You must follow the steps outlined above.

Likewise, to stop paying any outstanding invoices does not constitute a service cancellation request and may result in debt recovery action being taken.

The process described above must be followed as it both fulfills federal privacy law and protects your data and services against malicious deletion resulting from the possibility of social engineering, by requiring you to log in using your known credentials, and to purposefully step through a cancellation process which includes more than one opportunity for you change your mind.

It is most important you be aware that your service will continue to be invoiced month on month until you fulfill your obligation under these terms, unless you follow the process outlined above.

 

 

DEBT RECOVERY

Do not assume you can simply stop paying any outstanding invoices and not be held responsible for their payment.

In the event you allow your invoices to become delinquent, we may employ a debt collection agent to act on our behalf to recover any and all outstanding monies owed by you.

Should that be necessary, you will be liable for a debt recovery charge of a minimum of $110.00 including GST in addition to any outstanding monies and late fees owed.

 

 

INDEMNIFICATION POLICY

You agree to use all Digital Hybrid services and facilities at your own risk. Digital Hybrid specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Digital Hybrid be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

The customer agrees that it shall defend, indemnify, save and hold Digital Hybrid harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor's fees asserted against Digital Hybrid, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by a customer, its agents, employees or assigns.

You also agree to protect Digital Hybrid’s reputation and that of its agents, its customers, officers and employees, through correct and appropriate representation at all times and/or with the use any form of communications media. Any misrepresentation of Digital Hybrid, its agents, its customers, officers and employees considered to be damaging, malicious or inappropriate, whether explicit or implied, may result in immediate suspension or termination of your access and/or services along with subsequent legal action if required.

 

 

RESOURCE ABUSE POLICY

If we determine that any user on any part of our network is abusing our resources, and therefore abusing the network, we reserve the right to suspend that user's service without notice. It will then be your responsibility to contact us and to formulate a plan to have your service reactivated.

We are quick to suspend any user that abuses our network's resources due to its shared nature and the negative impact an abuser can have on our other customers.

 

 

FAIR USE POLICY

Our position on "unlimited" or "unmetered" bandwidth usage for our all our services is based on the concept of fair use and closely relates to our Resource Abuse Policy as previously outlined.

If a customer's use of bandwidth or data transit exceeds levels which Digital Hybrid deems acceptable for the benefit of our broader user community, we reserve the right to request and recommend adjustments to usage behaviour. If these requests and recommendations are not complied with, Digital Hybrid reserves the right to suspend and/or terminate a user's account without notice.

 

 

SPAM POLICY

Digital Hybrid is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial email, from being sent either over the Digital Hybrid network; by customers or any other users of the Digital Hybrid network (including resellers' customers); and/or over ANY network, if the message sent implicates Digital Hybrid hardware or network in any way, shape or form.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial email (a.k.a. "SPAM"), posting obscene or threatening messages while using the Digital Hybrid network is prohibited. The use of Digital Hybrid systems and servers as a mail drop for responses to activities described above is also prohibited.

If your main Organizational domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

 

 

CONTENT POLICY

All services provided by Digital Hybrid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes without proper authorization. The subscriber agrees to indemnify and hold Digital Hybrid harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Digital Hybrid servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Digital Hybrid will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Digital Hybrid servers or any other server on the internet. Links to such materials are also prohibited.

 

 

CONTROL PANEL ACCESS

Access to any and all of Digital Hybrid’s various service control panels is provided at the express discretion of Digital Hybrid and its management. Because our control panels interact directly with the servers delivering our various services, we are extremely protective of their safe use.

If we suspect that there is potential or actual misuse of our control panels by an end-user, customer, reseller, agent or assign, Digital Hybrid reserves the right to immediately suspend any and all control panel accesses, including access to our Client or Reseller Zones because these include auto-login features to all subscribed control panels. Access to any and all control panels may be restricted without notice or apology.

It will then be your responsibility to contact us and to formulate a plan to have your service reactivated.

 

 

REFUSAL OF SERVICE

Digital Hybrid reserves the right to refuse service to anyone who:

  • harasses or tries to bully our employees or other customers
  • threatens staff or our business in any way
  • makes legal threats in order to get their own way
  • presents safety concerns for our staff based on language used during interactions with them
  • conistently demands levels of service beyond what they are paying for
  • can't, or won't, pay for services rendered
  • repeatedly wastes our time dealing with issues they are responsible for, eg, their local network, Internet connection, equipment (CPE), etc
  • has been, or is being, disruptive toward our staff or other customers and users
  • threatens staff, other customers' or users' privacy
  • makes misrepresentations about their identity in order to gain access to our services

We will always deal with you professionally and courteously, and we expect the same to be reciprocated.

Abuse of our staff in any way, shape or form will not be tolerated.

Refusal of future services, current service suspension and/or current service termination may be the result of any of the above, without apology or refund.

 

 

SECURITY POLICY

When purchasing from Digital Hybrid Pty Ltd, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current minimum industry standard.

Our online merchant facility is provisioned through Westpac's highly secure PayWay facility, which provides 128 Bit SSL encryption for all credit card transmissions.

If you have any questions regarding our security policy, please contact us.

These additional terms and conditions apply to all hosted Exchange services.

 

 

DATA SECURITY & RETENTION

All data is replicated/mirrored to multiple server nodes in real time 24/7/365 employing Database Availability Groups (DAG) and clustering with automatic failover and recovery.

Any deleted mailbox items are fully recoverable up to 14 days from the time of deletion. After this time, unrecovered data is purged from our system and cannot be restored.

Any deleted mailboxes and/or users are fully recoverable up to 30 days from the time of deletion. After this time, unrecovered mailboxes and users are purged from our system and cannot be restored. In the case of restoration of a mailbox and its associated user, a minimum recovery fee of $55.00 per mailbox applies for our staff to perform this recovery for you. To request to recover a mailbox and/or user, please open a support request.

As a hosted Exchange user, it is your responsibility to maintain local copies of your mailbox and any other important information from your account.

 

 

SPAM

Digital Hybrid is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial email, from being sent either over the Digital Hybrid network; by customers or any other users of the Digital Hybrid network (including resellers' customers); and/or over ANY network, if the message sent implicates Digital Hybrid hardware or network in any way, shape or form.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial email (a.k.a. "SPAM"), posting obscene or threatening messages while using the Digital Hybrid network is prohibited. The use of Digital Hybrid systems and servers as a mail drop for responses to activities described above is also prohibited.

If you are involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

These additional terms and conditions apply to all of our hosted PBX, VoIP, virtual fax and SIP trunking services.

 

 

CARRIAGE SERVICES & THE ACMA

All use of a telecommunications carriage service falls under Australian federal law as administered by the Australian Communications and Media Authority (ACMA).

Any violations of this law are taken very seriously and will be enforced quickly and aggressively by the ACMA.

As a subscriber to any service that falls under this law, you are required to adhere to said laws in every way and all instances.

As an example, for users operating outbound call centres of any kind, this requires full compliance with the Australian federal government's Do Not Call Register and any law and requirements related to it.

 

 

COVERAGE & UPTIME

You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times and without notice.

 

 

TELECOMMUNICATIONS COMPLIANCE

When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence , permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the service any libelous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Digital Hybrid will not be held liable for any charges incurred by these proceedings.

 

 

SECURING YOUR SERVICE

You are responsible for keeping secure the means of access to your hosted PBX, VoIP, virtual fax and SIP trunking service/s to ensure that unauthorised access (including toll fraud) does not occur. You must notify Digital Hybrid immediately you become aware of any actual or attempted unauthorised use of the service or a breach of its security.

It is your responsibility to secure your service and extensions with strong passwords, and to ensure that your network and devices are not vulnerable to fraudulent exploitation.

 

 

FEES & CHARGES

For post-paid customers, we will email an invoice to you no less frequently than monthly, and you must pay these fees and charges by the invoice due date. If you do not pay your invoice by the invoice due date, Digital Hybrid will charge a late fee of a minimum of $10.00 or 2.5% of the invoice total; whichever is the greater amount. Charges for archive or hardcopy invoices may apply.

Digital Hybrid may decide that you must have a credit limit. If so, we will inform you of what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account.

We may also ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.

For pre-paid customers, these services are designed to prevent account balances being debited past $0.00.

All call charges are payable, whether or not they arise from legitimate or unauthorised or fraudulent usage.

 

 

CUSTOMER DETAILS FOR IPND

If you are subscribed to a hosted PBX, VoIP, virtual fax and SIP trunking service, you will be required to supply personal information to the "Integrated Public Number Database" (IPND), which is governed by the Australian Communications and Media Authority (ACMA) and is used for geo-locational use by Australian Emergency Services. This is required by Australian Federal law and must be kept up to date.

This is your responsibility if your details change. Should your details change at any time, you must notify us immediately.

 

 

CALL RECORDS & CALL CHARGING

Digital Hybrid's records are prima face evidence of the customers use of the service and the charges payable. Digital Hybrid allows customers to connect to the service using their own device. Digital Hybrid only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The customer agrees that any calls from the ezytel and/or VoIPServer service supplied to the customer are deemed to be authorised by the customer and the customer will pay all charges accordingly. International calls are charged in 60 second increments; mobile timed calls are charged in one second increments. There is a minimum charge of 1 cent on all timed calls.

Digital Hybrid provides extensive and detailed itemised call billing via the ezytel and/or VoIPServer Control Panels. The Control Panels provide figures detailing total call costs and individual call details. However, the Control Panels' call reports should serve only as a tool for verifying the customer's own records.

Again, all call charges are payable, whether or not they arise from legitimate or unauthorised or fraudulent usage.

 

 

PHONE NUMBERS

Our DiDs are direct in-dial numbers, owned by Digital Hybrid, which are connected to our servers in Sydney via a number of registered Carriage Service Providers and their TDM circuits around Australia. Digital Hybrid's incoming DiD service gives you exclusive use of one or more of these numbers, so that any calls to the number will be automatically directed to your phone. You can further divert this call to any other fixed or mobile phone.

You can have as many DiDs directed to your service as you like, from as many cities as you like, provided you pay the additional monthly fees for any numbers that exceed your access plan's included DiD allowance. DiDs provided remain the property of Digital Hybrid Pty Ltd and the use of these DiDs is a service offered by Digital Hybrid unless a Local Number Porting (LNP) application has been formally submitted with a gaining carrier.

Local Number Porting (LNP) is fully supported by Digital Hybrid.

You may port a Digital Hybrid-owned DiD to another provider. Digital Hybrid may refuse transfer of ownership of a DiD to the customer at management discretion for a variety of reasons not limited to, but including non-payment of outstanding invoices, numbers cherry-picked out of contiguous range, etc. For more details, please contact us. Customers' pre-owned direct in dial numbers are also portable to any registered Carriage Service Provider that supports Local Number Porting (LNP).

Customers may port their own number to Digital Hybrid provided the losing Carriage Service Provider supports Line Number Portability (LNP). This ported DiD will continue to belong to the customer, and not Digital Hybrid. This DiD can be ported to another Carriage Service Provider by the customer without notice to Digital Hybrid.

 

 

VoIP LIMITATIONS

Because of the inherent nature of Voice over IP (VoIP) and its dependence on so many highly variable "links in the chain" that make up the Internet and the various networks that connect to it, Digital Hybrid offers a supplementary phone service only.

Regardless of whether a hosted PBX, VoIP, virtual fax and SIP trunking service is provided as being "business-grade", any service provided is intended to be supplementary to your existing landline and/or mobile phone service.

As such, you are required to own an active landline or mobile with an alternative Telecommunications Carriage Service Provider in Australia at all times.

Emergency calls should be dialled on your landline or mobile phone only, because VoIP by nature is not fault-free as mentioned above.

Digital Hybrid may contact you on your mobile or landline periodically to ensure that your details are up to date.

When calling Emergency Services (000) from a Digital Hybrid phone, your location details may not be automatically transmitted to the operator.

When calling 000 using a VoIP service, the operator must manually verify your location details with you. This may potentially waste precious time and could result in emergency services arriving at the wrong location if incorrect information is provided.

You must consider these VoIP limitations and their associated risks prior to ordering a hosted PBX, VoIP, virtual fax and SIP trunking service.

Having decided to order a hosted PBX, VoIP, virtual fax and SIP trunking service, Digital Hybrid assumes you have weighed up the pros and cons of using VoIP in your business and are prepared to take the risks involved and bear their potential consequences.

 

 

REFUND POLICY

For pre-paid accounts, in normal circumstances the customer's account balance will not go into a debit balance below $0.00. A pre-paid balance can be refunded to the customer, but only on request.

If the customer wishes to discontinue the service and has a call credit balance at the time of cancellation, we will refund the remaining balance if requested.

 

 

EQUIPMENT ORDERS & SUPPLY

You may purchase equipment from us for use in connection with your chosen hosted PBX, VoIP, virtual fax and/or SIP trunking service. You must pay for all ordered equipment in full and in advance on receipt of our invoice.

Ordering equipment through Digital Hybrid for use with a hosted PBX, VoIP, virtual fax and SIP trunking service does not in any way imply that we are responsible for its configuration, management or maintenance.

Ownership/title, management and maintenance of all purchased and supplied equipment transfers to you when you pay for it in full. All risks associated with any ordered and purchased equipment transfers to you on delivery at your nominated delivery address.

The manufacturer’s warranty on any purchased equipment is transferred to you from the aforementioned time that ownership/title passes to you.

Before ordering any hardware from Digital Hybrid, please consider your purchase very carefully.

We do not keep equipment stocks on hand. Rather, to speed up the delivery process, we have all equipment drop-shipped to your nominated delivery address directly from our suppliers.

Cancellation requests and/or refunds based on "change of mind" will be denied.

Returns and/or refunds will only be available on equipment that is proven to be faulty, in as-new condition, and still within manufacturer’s warranty periods.

 

 

SPAM

Digital Hybrid is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial messages, from being sent either over the Digital Hybrid network; by customers or any other users of the Digital Hybrid network (including resellers' customers); and/or over ANY network, if the message sent implicates Digital Hybrid hardware or network in any way, shape or form.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial fax and/or voice messages, or making unsolicited commercial voice calls (a.k.a. "SPAM"), posting obscene or threatening messages while using the Digital Hybrid network is prohibited. The use of Digital Hybrid systems and servers as a drop for responses to activities described above is also prohibited.

If you are involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

These additional terms and conditions apply to all of our cloud SMS services.

 

 

CARRIAGE SERVICES & THE ACMA

All use of a telecommunications carriage service falls under Australian federal law as administered by the Australian Communications and Media Authority (ACMA).

Any violations of this law are taken very seriously and will be enforced quickly and aggressively by the ACMA.

As a subscriber to any service that falls under this law, you are required to adhere to said laws in every way and all instances.

 

 

SPAM

Digital Hybrid is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial messages, from being sent either over the Digital Hybrid network; by customers or any other users of the Digital Hybrid network (including resellers' customers); and/or over ANY network, if the message sent implicates Digital Hybrid hardware or network in any way, shape or form.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial SMS messages (a.k.a. "SPAM"), posting obscene or threatening messages while using the Digital Hybrid network is prohibited. The use of Digital Hybrid systems and servers as a drop for responses to activities described above is also prohibited.

If you are involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

These additional terms and conditions apply to all of our web hosting services.

 

 

BACKUPS

Data backups are made nightly, to an external source. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.

Backups are made for server restoration purposes only, however, we do give you the fine-grained ability to restore your own data directly from within cPanel using Restore Manager.

As a web hosting customer, it is your responsibility to maintain local copies of your web content and any other important information from your site and account.

Restore Manager is included in each hosting plan and each customer can and should regularly use this tool to back up their files.

 

 

CONTENT POLICY

All services provided by Digital Hybrid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes without proper authorization. The subscriber agrees to indemnify and hold Digital Hybrid harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Digital Hybrid servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Digital Hybrid will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Digital Hybrid servers or any other server on the internet. Links to such materials are also prohibited.

 

 

SPAM

Digital Hybrid is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit SPAM, or any unsolicited commercial messages, from being sent either over the Digital Hybrid network; by customers or any other users of the Digital Hybrid network (including resellers' customers); and/or over ANY network, if the message sent implicates Digital Hybrid hardware or network in any way, shape or form.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any user disregarding this policy. Sending unsolicited commercial SMS messages (a.k.a. "SPAM"), posting obscene or threatening messages while using the Digital Hybrid network is prohibited. The use of Digital Hybrid systems and servers as a drop for responses to activities described above is also prohibited.

If you are involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services.

If you have any complaints or comments regarding SPAM on our network, please contact us.

These additional terms and conditions apply to all domain name services.

 

 

DOMAIN MANAGEMENT v's DOMAIN REGISTRAR

Digital Hybrid is not a domain name registrar, however, we are an authorised reseller of domain services by a number of Australian and International domain name registrars. Our registrar of choice is TPP Wholesale, however, depending on the domain extension required, we may use a different registrar at our discretion.

Likewise, for better and more effective management of your domain/s, and only in rare cases, Digital Hybrid reserves the right to approve the transfer of domains between registrars on your behalf, in order to ensure the best possible service delivery. This may only occur if the domain name is already under Digital Hybrid's management and/or you have already supplied the domain's EPP Key.

 

 

.au DOMAIN NAME TRANSFERS

Under regulations governing the au domain space, all transfers of .au domains are free, with the proviso that at least 90 days of active registration remain prior to transfer completion.

In the event that a domain is transferred to Digital Hybrid's management with less than 90 days of active registration remaining, a renewal invoice will be generated for our standard .au domain renewal fee. This renewal fee must be paid in full according to our standard payment terms, otherwise we may request that our registrar cancel the domain name's registration, in order to recover any fees paid by Digital Hybrid related to the transfer, on behalf of the registrant.

 

 

NEW ICANN REQUIREMENTS

Under new ICANN rules, if you have purchased a Top-Level Domain (TLD), eg, .com, .net, .org or similar, it is now an ICANN requirement that your contact information is validated. These new rules do not relate to .au domains.

Shortly, an email will be sent to you which includes a validation link. You have fifteen (15) days to respond to this validation email, or your domain name will be suspended.

You can read more by visiting ICANN's website.

These additional terms and conditions apply to all NBN and/or ADSL2+ broadband services.

 

 

CONTRACT PERIODS

The placing of an order for an NBN and/or ADSL2+ broadband service with its accompanying payment/s is your agreement to its associated contract period as described in the service name and description on our website order form.

Once ordered and paid for, this constitutes an irrevocable offer by you, the customer, where you are bound by the relevant contract term as described in the service name and/or description on our website order form, and any associated costs for early release.

For example, if you order an ezybroadband 500 and select a 24 month contract while ordering, you will be bound by the full 24 month term you've selected, even if no physical signature has been applied to, or requested on, a specific contract document.

 

 

FAIR USE

Our position on "unlimited", "unmetered" or "infinite" bandwidth usage for all our services is based on the concept of fair use and closely relates to our Resource Abuse Policy as outlined in the General Usage Policies section.

If a customer's use of bandwidth or data transit exceeds levels which Digital Hybrid deems acceptable for the benefit of our broader user community, we reserve the right to request and recommend adjustments to usage behaviour. If these requests and recommendations are not complied with, Digital Hybrid reserves the right to suspend and/or terminate a user's account without notice.

 

 

NBN SERVICE AGREEMENT

Actual NBN speeds may be slower than the speed purchased and vary due to many factors including type/source of content being downloaded, hardware and software configuration, the number of users and performance interconnecting infrastructure not operated by Digital Hybrid Pty Ltd. Devices connected by Wi-Fi may experience slower speeds than those connected by Ethernet Cable. If you are on a higher speed NBN plan than what you are receiving, you have the option to downgrade to a lower speed plan without any penalty.

By submitting to Us this Service Order Form you (the "Customer") acknowledge and agree:

  1. This Service Order constitutes an irrevocable offer by the Customer to order the service/s detailed in this Service Order (the "Service/s") on the terms of the Agreement;
  2. The Customer has read and understood the Agreement;
  3. On acceptance by Us in writing, in our sole discretion, and in whole or in part:
    • the Customer is bound by the Agreement; and
    • the Service Agreement:
    • replaces and supersedes any existing service agreement between the Customer and Us; and
    • applies to all present and future services supplied by Us (unless expressly replaced or varied by another agreement, which will then apply).

In this Service Order Form the following terms have the following meanings:

"Agreement" means the documents which together form the agreement between the Customer and Us in relation to the Service/s, initially being:

  1. this Service Order Form;
  2. the Service Schedule(s) applicable to the Service/s; and
  3. the Service Agreement.

For the avoidance of doubt, the Agreement forms part of "the Agreement" (as defined in the Service Agreement) which means the documents which together form the agreement between the Customer and Us in relation to all services supplied by Us.

"Service Agreement" means either:

  1. where a written and signed service agreement between the Customer and Us exists, that service agreement; or
  2. otherwise, the current Standard Service Agreement, a copy of which is available HERE.

"We", "Us" and "Our" means Digital Hybrid Pty Ltd (ABN: 37 139 660 585) unless the Service Agreement is between the Customer and a Related Body Corporate of Digital Hybrid Pty Ltd, in which case it means that Related Body Corporate.

In this Service Order Form, We collect personal information from or about employees, principals or directors of the Customer. Please see Our Privacy Policy, which gives you important information about Our use of personal information.

The Customer certifies that the details contained in this Service Order Form are complete and correct. The Customer and any person submitting this Service Order Form for the Customer warrant that the person submitting this Service Order Form is authorised by the Customer and has received no notice of revocation of that authorisation by the Customer.

 

 

ADSL2+ SERVICE AGREEMENT

Actual ADSL2+ speeds may be slower than the speed purchased and vary due to many factors including type/source of content being downloaded, hardware and software configuration, the number of users and performance interconnecting infrastructure not operated by Digital Hybrid Pty Ltd. Devices connected by Wi-Fi may experience slower speeds than those connected by Ethernet Cable. If you are on a higher speed ADSL2+ plan than what you are receiving, you have the option to downgrade to a lower speed plan without any penalty.

By submitting to Us this Service Order Form you (the "Customer") acknowledge and agree:

  1. This Service Order constitutes an irrevocable offer by the Customer to order the service/s detailed in this Service Order (the "Service/s") on the terms of the Agreement;
  2. The Customer has read and understood the Agreement;
  3. On acceptance by Us in writing, in our sole discretion, and in whole or in part:
    • the Customer is bound by the Agreement; and
    • the Service Agreement:
    • replaces and supersedes any existing service agreement between the Customer and Us; and
    • applies to all present and future services supplied by Us (unless expressly replaced or varied by another agreement, which will then apply).

In this Service Order Form the following terms have the following meanings:

"Agreement" means the documents which together form the agreement between the Customer and Us in relation to the Service/s, initially being:

  1. this Service Order Form;
  2. the Service Schedule(s) applicable to the Service/s; and
  3. the Service Agreement.

For the avoidance of doubt, the Agreement forms part of "the Agreement" (as defined in the Service Agreement) which means the documents which together form the agreement between the Customer and Us in relation to all services supplied by Us.

"Service Agreement" means either:

  1. where a written and signed service agreement between the Customer and Us exists, that service agreement; or
  2. otherwise, the current Standard Service Agreement, a copy of which is available HERE.

"We", "Us" and "Our" means Digital Hybrid Pty Ltd (ABN: 37 139 660 585) unless the Service Agreement is between the Customer and a Related Body Corporate of Digital Hybrid Pty Ltd, in which case it means that Related Body Corporate.

In this Service Order Form, We collect personal information from or about employees, principals or directors of the Customer. Please see Our Privacy Policy, which gives you important information about Our use of personal information.

The Customer certifies that the details contained in this Service Order Form are complete and correct. The Customer and any person submitting this Service Order Form for the Customer warrant that the person submitting this Service Order Form is authorised by the Customer and has received no notice of revocation of that authorisation by the Customer.

 

 

NBN / ADSL2+ RELATED FEES & CHARGES

New Service Connection/Installation (existing service not in place): $499.00
Early Termination Fee -  0 month contract: $0.00
Early Termination Fee - 12 month contract: $149.00
Early Termination Fee - 24 month contract: $229.00
Service Speed Modification: $39.00
Incorrect Fault Call Out Fee: $349.00 for the first two hours, then $179.00 per hour thereafter.
Order Withdrawal: $159.00
Plan Change (higher data allowance): $0.00
Plan Change (lower data allowance): $33.00
Penalty if you contact Telstra or NBN Co directly: $159.00
Additional data usage above your plan allowance: $1.10 per GB

All listed NBN / ADSL2+ related fees and charges include GST.

If you have any questions about these policies, terms and conditions or our treatment of your personal data, please contact us.

All content on every Digital Hybrid-owned website is Copyright © 2009 - Digital Hybrid Pty Ltd with all rights reserved worldwide.