Contact Digital Bitz
Digital Bitz logo

TERMS

Terms

Terms of Service

Digital Bitz https://digitalbitz.ca and https://digitalbitz.ca/members (hereinafter “Digital Bitz Web Site“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) apply to your access to the Digital Bitz Web Site and your use of the services offered through the Digital Bitz Web Site. By using any of the services or products provided or serviced by Digital Bitz, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.

The present Terms and Conditions have last been modified on January 1, 2021, and apply to all users.

1. Terms and Conditions

You must read and accept the present Terms and Conditions, Privacy Policy, and Acceptable Use Policy and other policies applicable to other services before you can use the Digital Bitz Web Site or any Digital Bitz services. By accessing and continuing to use any Digital Bitz services, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use any Digital Bitz services.

Digital Bitz may need to modify these Terms and Conditions from time to time to adapt to changing technologies, laws, and/or regulations. Digital Bitz may choose to provide the Client with prior written notice if the changes significantly impact the Client’s services. Still, Digital Bitz will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Digital Bitz Web Site.

1.1. Eligibility Criteria of Digital Bitz Services

Services offered through the Digital Bitz Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing. Our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Digital Bitz Web Site only with permission and under the supervision of your parents or legal guardian. Digital Bitz also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.

2. Account Creation, Maintenance, Modification, and Cancellation

2.1. Account Creation

You can create an account by filling in the form provided on the Digital Bitz website. You can also find fees associated with our services on our website at https://digitalbitz.ca.

2.2. Accurate Information

You agree to maintain accurate information in your Client Area profile at https://digitalbitz.ca/members while using Digital Bitz services. This includes your full name, current billing address, phone number, and a working email address. You agree to update your information in your Client Area within ten days of any change.

You agree that Digital Bitz may use and rely on any such information provided by you for all purposes in connection with your services, subject to Digital Bitz’s Privacy Policy (https://digitalbitz.ca/legal/privacy-policy). Should you provide any information that is inaccurate, misleading or incomplete, or if Digital Bitz has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, Digital Bitz has the right, in its sole discretion, to suspend or terminate its services and/or close your account.

2.3. Account Maintenance and Security

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.

You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for all activities that occur under your account. You agree to notify Digital Bitz immediately of any unauthorized use of your account or any other breach of security. You agree Digital Bitz will not be liable for any loss that you may incur due to someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Digital Bitz or another party due to someone else using your Account Access Information. Digital Bitz advises you to keep your Account Access Information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Digital Bitz infrastructure in any way.

While Digital Bitz has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Digital Bitz liable for any errors or interruption of services, whether within or outside of Digital Bitz’s reasonable control.

2.4. Responsibility for Content

You agree that you are solely responsible for the content stored on and served on your Digital Bitz account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Digital Bitz disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at https://digitalbitz.ca/acceptable-use.

2.5. Account Suspension and Cancellation

Digital Bitz can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services to maintain a safe and secure environment for our clients.

Digital Bitz will attempt to notify you in case of account suspensions or cancellations. In some circumstances, Digital Bitz may suspend an account without prior warning to avoid serious harm or service degradation.

You may cancel your account and prevent an automatic renewal by requesting a cancellation through the Client Area at least 10 days before your service’s expiry date. The cancellation request must include all the necessary details to allow a Digital Bitz agent to properly identify the account in question, including your full domain name and hosting account type.

2.6. Backups

Digital Bitz relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to Digital Bitz's support team.

3. Privacy Policy

Digital Bitz is committed to your privacy, and does not sell, trade, or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult https://digitalbitz.ca/privacy-policy.

4. Acceptable Use Policy

In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Digital Bitz clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and is not allowed on our servers and is available at https://digitalbitz.ca/acceptable-use.

5. Domain Names

Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which you can find at https://digitalbitz.ca/domains-policy.

6. Domain Privacy Protection Service

If purchased in conjunction with certain types of domain names, the Privacy Protection service (also referred to as ID Protect) is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with those of a confidentiality services provider. The Privacy Protection service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that other parties may have saved and published before purchasing and activating the protection. The Privacy Protection service is not available for all domain types.

The Privacy Protection service is non-refundable and is not covered by our money-back guarantee. The Client must always maintain accurate contact information in their private profile, as stipulated by ICANN's rules and regulations.

7. SSL Certificates

The use and installation of SSL Certificates offered by Digital Bitz are subject to the terms and conditions of their respective providers. Following an SSL purchase, a Digital Bitz technician will request a certificate on your behalf and attempt to complete its installation on your account.

Unless otherwise requested before the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that you requested during your order. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted HTTPS protocol throughout your website.

8. Site Transfers

In most cases, Digital Bitz can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and Digital Bitz can not guarantee the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, making it difficult or impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in transferring data from an old host.

You can make a free site transfer service request within 30 days of a new web hosting order by opening a Support ticket from your Client Area, which includes all necessary information to allow us to connect to your other provider's account and retrieve all your data. Unless otherwise confirmed in writing, free website transfers are limited to a maximum of 10GB of data, 5 email accounts, and one database. It would be best if you discussed more complex migrations with our support team before being requested.

Site transfer requests placed after the initial 30-day period are subject to our standard Webmaster Help service rates.

9. Search Engine Listing

Digital Bitz is not directly associated with any search engines and is not responsible for ranking your website in search results.

10. Service Guarantees

10.1. Hosting Money-back guarantee

Digital Bitz is fully committed to your satisfaction and offers the following money-back guarantee. If you are not 100% satisfied with the web hosting service obtained within 30 days of your purchase, Digital Bitz will refund your hosting costs.

10.2. 99.9% Guaranteed Server Availability

We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem. In the rare event that you cannot resolve your problem within 30 minutes, Digital Bitz will notify you. When notifying you, we will provide you with the details of the problem and an estimation of when we will resolve the issue.

11. Renewals

Digital Bitz will generate renewal invoices automatically for all your active services at least 15 days before their expiration date. When we generate a new invoice, we'll send you an email with a copy of the invoice and make the invoice available in your Client Area.

Digital Bitz will attempt to charge the payment method on file 5 days before your invoice's due date unless otherwise requested. If you do not wish to renew a service, please submit a service cancellation request or update your domain's auto-renewal settings through the Client Area at least 10 days before your service’s renewal date to avoid being charged for its renewal.

By making any purchase by credit card or by adding a valid credit card to your Client Area, you authorize Digital Bitz to automatically attempt to charge this credit card for any upcoming or overdue invoices on your account until otherwise requested. You may manage and remove your credit card information on file from your Client Area at any time.

Digital Bitz can suspend expired services, and Digital Bitz may permanently delete left unpaid by their due date and at Digital Bitz's sole discretion. Reactivating suspended services may incur additional fees.

You must maintain an active email address on file with us at all times to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended and may be terminated permanently shortly after, at Digital Bitz’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.

12. Payments

Digital Bitz accepts payments by Visa, Mastercard, and Paypal (which includes American Express). Digital Bitz also accepts non-automated payments by Interac e-transfer.

All payments must be made in Canadian dollars unless stated otherwise. The first payment is required before the activation of a service, and all following invoices must be paid in full before their due date. Any overdue invoice carrying an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$35.00, plus taxes.

All non-automated payments (Interac e-transfers) must be made for a minimum total amount of C$50.00. Any amount paid exceeding the invoiced amount will be added to your account in the form of an account credit to be used for future payments.

Account credit is not automatically applied to new or open invoices. To manually apply for your account credit on an existing unpaid invoice, please visit the invoice page in your Client Area.

Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details in your Client Area. Special pricing promotions cannot be applied to renewals unless stated otherwise. Digital Bitz reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations at Digital Bitz's sole discretion.

13. Refund Policy

You can request a refund within the context of Digital Bitz’s hosting money-back guarantee by sending a written request through the Digital Bitz Client Area.

Refunds are only available during your service's eligible refund period.

Refunds can only be issued using the same payment method for payments made by credit card or Paypal. Payments made by Interac Email Payments can only be refunded as credit on your Digital Bitz account.

Pre-paid funds cannot be refunded after the initial money-back guarantee period.

Digital Bitz will generally issue refunds within 7 days following the reception of your refund request. Still, some banks or credit card providers may incur additional delays before making those funds available to you again.

The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services) and Webmaster Help. Setup and installation fees are non-refundable.

If a domain name or other service that is non-refundable were offered at a discounted rate with the purchase of a hosting product, Digital Bitz would withhold the original full value of said service from any refunded amount.

Digital Bitz will not issue refunds for the same type of product more than once per account.

Digital Bitz can refund billing errors for a maximum retroactive period of 3 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact Digital Bitz as quickly as possible to correct the error.

14. Chargebacks and Reversals

If you issue a chargeback or reversal of charges with your banking institution, you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.

Digital Bitz may suspend all services on your account until the chargeback fee is settled in full.

15. Disclaimer and Limitation of Liability

15.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, DIGITAL BITZ DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY Digital Bitz, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE DIGITAL BITZ WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE DIGITAL BITZ WEB SITE, THE USER EXPRESSLY AGREES THAT DIGITAL BITZ MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY DIGITAL BITZ, EITHER DIRECTLY OR THROUGH A RESELLER AND THE DIGITAL BITZ WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE CONCERNING THE CONTENT OF THE DIGITAL BITZ WEBSITE AND ABOUT ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE DIGITAL BITZ WEB SITE, DIGITAL BITZ INCLUDES LINKS TO OTHER WEBSITES FOR WHICH DIGITAL BITZ HAS NO CONTROL. DIGITAL BITZ DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEBSITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST DIGITAL BITZ IN CONNECTION WITH SUCH WEBSITES; AND (iii), DIGITAL BITZ MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DIGITAL BITZ DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

15.2. DIGITAL BITZ WILL IN NO EVENT BE LIABLE REGARDING THE DIGITAL BITZ WEBSITE OR ANY OTHER RELATED WEB SITE, CONCERNING ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES, THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF DIGITAL BITZ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15.3. ALTHOUGH DIGITAL BITZ ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT DIGITAL BITZ NOTICES AN ERROR, WE WILL CORRECT IT AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.

16. Entire Agreement

This Agreement, related policies, and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, DIGITAL BITZ MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. If any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will prioritise. These Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.

17. Force Majeure

Digital Bitz will make every effort to keep its website and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Digital Bitz liable for any of the consequences of such interruptions.

18. Trademarks and Copyrights

All names and trademarks belonging to third parties and appearing on the Digital Bitz Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Digital Bitz Web Site, along with its contents, including text, images, and the selection and arrangement of its data, is protected by copyright © Digital Bitz ALL RIGHTS RESERVED. You can view and download the Digital Bitz Web Site information for your personal use and not for commercial purposes. Any other use, modification, or copying of the Site, in whole or in part, without Digital Bitz’s prior written consent is prohibited.

19. Questions and Concerns

If you would like more information about Digital Bitz’s Terms and Conditions, please contact Digital Bitz via our member's area. Please contact us with your questions and concerns, and we will deploy our best efforts to assist you.

20. Complaints

You must report complaints or policy violations to [email protected]

21. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions. It shall not affect the validity or the enforceability of the remaining provisions.

22. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Delta, Province of British Columbia, including disputes regarding the Agreement’s interpretation and its effects.

crosschevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram