This document was last updated on 01 August 2019
© 2019 Rope Consulting Pty Ltd Trading as Rope Digital

1. Definitions
1.1. “Customer” means the person or entity who ordered services provided by Rope Digital.
1.2. “Customer Service” means the relationship between Rope Digital staff and the Customer,
with the purpose of assisting the Customer with a question they have asked.
1.3. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These
services include customer database administration, zone file publication, DNS and DNSSEC
operation, marketing and policy determination in regards to a top level domain name. A
Registry may outsource some, all, or none of these services. Different registries exist for
different TLDs.
1.4. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has
signed up to use. This can include, but is not limited to, the provisioning of space on one of our
servers and a connection to and from the internet for web, email hosting and/or FTP services to
function at the level specified in the chosen service level, domain name registration or transfer
or renewal, SSL, VPS and SMS services. These product(s) and service(s) are identified in full
within the “sign up” and “service provision” emails Rope Digital has sent after the
Customer requests the service.
1.5. “Rope Digital” means Rope Consulting Pty Ltd.

2. Acceptance
2.1. The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use
Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement,
when they submitted their order to Rope Digital for Services, and that order was
accepted.
2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s)
are in full compliance with this policy, and that they are solely responsible for the files and
applications that have been uploaded and executed.

3. Communication
3.1. The Customer agrees to receive emails and/or SMS messages directly relating to the
Service(s) provided, as well as marketing and promotional emails and/or SMS messages from
Rope Digital to the email address registered to their account. The Customer can
unsubscribe from marketing and promotional emails and/or SMS messages only.
3.2. The Customer may opt-in to receive email notifications from our Service Status
system in relation to their Service(s).

4. Availability of Services
4.1. While Rope Digital will endeavour to provide continuous availability of all Service(s) to the
Customer, Rope Digital will not be liable for any Service interruptions or downtime that is
not covered by a Service Level Agreement (where applicable).
4.2. Scheduled maintenance will be performed at a time which is deemed suitable by Rope Digital, and should it require any Services to be offline for greater than thirty (30) minutes,
Rope Digital will post details of the scheduled maintenance at least two (2) days prior.
4.3. Unscheduled maintenance will be performed as required by Rope Digital , and should
any Service(s) be offline for greater than thirty (30) minutes, Rope Digital will post details
of the maintenance and any updates until it has been completed.

5. Customer General Warranties and Undertaking
5.1. The Customer warrants that any information supplied to Rope Digital is true and correct
and will be kept current and up to date.
5.2. The Customer warrants that they will keep all passwords and sensitive information in a secure
location and this information is not shared with any other party.
5.3. The Customer warrants that at the time of entering into this agreement they are not relying on
any representation made by Rope Digital, its staff, agents or affiliates, which has not
been expressly stated in this agreement.
5.4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised
third parties accessing their Account and/or Service(s). These matters should be referred to the
Australian Federal Police for investigation as soon as possible.
5.5. The Customer warrants that any free trial may only be used once per
domain. Rope Digital may begin billing the service for any domain that has previously
used the trial product for any period of time.

6. Rope Digital General Warranties and Undertaking
6.1. Rope Digital shall not be liable to the Customer for harm caused by or related to the
Customer’s Service(s) or inability to utilise the Service(s) unless caused by gross negligence or
wilful misconduct.
6.2. Rope Digital shall not be liable to the Customer for lost profits, direct or indirect, special or
incidental, consequential or punitive; or damages of any kind whether or not they were known
or should have been known.
6.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Rope Digital, any of its employees, agents or affiliates, under any theory of law, shall not exceed a
payment in excess of the amount paid by the Customer for the Service in question for the six
months prior to the occurrence of the event(s) giving rise to the claim.
6.4. Rope Digital does not warrant that:
a. Any Service(s) provided will be uninterrupted or error free;
b. The Service(s) will meet your requirements, other than as expressly set out in this
agreement;
c. The Service(s) will not be subjected to external hacking attempts, viruses, worms,
denial of service attacks, or other persons gaining unauthorised access to the
Service(s) or any Rope Digital system.
6.5. Rope Digital does not make or give any express or implied warranties including, without
limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a
course of dealing, usage or trade practice, with respect to any goods or services provided
under or incidental to this agreement.
6.6. In no event will Rope Digital be liable to the Customer for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential or economic loss
whatsoever.
6.7. Third party services engaged by the client including but not limited to SEO and
web design tools are done so at the Customer(s) own undertaking. Rope Digital does not
provide any express or implied warranty on the quality of their product(s) nor the outcomes
expected and is under no obligation to extend support for externally managed or purchased
products.

7. Accounts and Billing
7.1. The Customer agrees to a annual contract term for Service(s) unless otherwise stated
in the Service offering or otherwise agreed in writing. The annual contract for Service(s) is
automatically renewed each year in perpetuity subject to cancellation by the Customer.
7.2. In relation to fees for Service(s):
a. Fees for Service(s) ordered by the Customer shall begin on the date of the initial order
and the chosen billing cycle in advance. This may be monthly, quarterly or annually.
b. The order date of any Service(s) will serve as the anniversary date for all future billings
including one time fees, upgrades, additional services, cancellations and service
credits, unless the Service(s) only allows annual or biennial billing cycles for that particular Service.
c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten
(10) days prior to the due date. If a credit card is stored in the Account it will be
charged three (3) days prior to the due date to allow sufficient time for any potential
issues (such as insufficient funds, expired cards, et cetera) to be rectified before the
due date.
7.3. In relation to fees for upgrades to Service(s):
a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a
full cycle and will continue each cycle on the anniversary date, unless the Service(s)
only allows annual or biennial billing cycles.
b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to
the next anniversary date at the full monthly cost. Future fees will appear as the new
plan from your existing anniversary billing date.
c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If
a credit card is stored in the Account it will be charged three (3) days prior to the due
date to allow sufficient time for any potential issues (such as insufficient funds, expired
cards, et cetera) to be rectified before the due date.
d. Additional fees may be payable for upgrades where manual work is required by
Rope Digital to process the upgrade request.
7.4. In relation to fees for downgrades to Service(s):
a. Downgrades will be processed when the request is received from the Customer, unless
otherwise specified in the request.
b. An Account credit will be issued to the Customer’s Account for the difference of any
prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.
c. Additional fees may be payable for downgrades where manual work is required by
Rope Digital to process the downgrade request.
7.5. Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL
certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7)
days of the invoice being issued.
7.6. All published prices are inclusive of any government taxes and charges unless otherwise noted.
7.7. Any unpaid invoices in the Customer’s Account must be paid in full before new Service(s) will
be provisioned.
7.8. Failure to pay any fees may result in the account being referred to an external collection
agency, which may include interest (calculated daily) and collection costs.
7.9. Service(s) with unpaid invoices that are more than seven (7) days past the due date will be
automatically suspended, with full payment for all outstanding invoices required before the
Service(s) can be reactivated.
7.10. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date
will be automatically terminated. Restoration of terminated Service(s) is subject to Rope Digital’s Terms of Service.

8. Payments by Credit Card
8.1. In the event a new Service is ordered by the Customer with payment via credit card, this credit
card information may be stored against on the Customer’s Account and may be used for future
automatic invoice payments.
8.2. Where a credit card number is stored on the Customer’s Account, this may be automatically
used for the payment of due invoices. In such cases, payments will typically be taken three (3)
days prior to the due date of the invoice.

9. Refunds
9.1. The Customer will not be entitled to a refund if any of Rope Digital’s Terms, Policies and
Agreements have been breached by the Customer.
9.2. All other refunds will be processed at the sole discretion of Rope Digital, in-line with the
Australian Competition & Consumer Commission’s published policies and guidelines. More
information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.

10. Cancellation
10.1. The Customer can request cancellation of their Account or any Service(s) for any reason by
submitting a cancellation request via email to [email protected] or by making direct contact with any Rope Digital agent/staff member.
10.2. Any prepaid fees for Service(s) past the current billing month will be refunded in accordance
with the Refunds subsection of this agreement once a refund request has been made by the
Customer.
10.3. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).
10.4. If the Customer requests cancellation of a Service after the invoice for the renewal of the
Service has been paid, a refund will be issued in accordance with the Refunds subsection of
this agreement.

11. Suspension and Termination of Service(s)
11.1. Rope Digital may suspend or terminate Service(s) if:
a. The Customer is found to be in breach of any policy including but not limited to the
Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable
Registrant Agreement;
b. The Customer has become insolvent or bankrupt;
c. The Customer has unpaid invoices.
11.2. Rope Digital may decide at its sole discretion to advise a Customer that their Account
and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any
applicable refunds will be processed as per the Refunds subsection of this agreement.
the Customer must pay all outstanding invoices by the due dates.
11.3. If a web hosting, dedicated email hosting or VPS Service is suspended or terminated for any
reason, Rope Digital is under no obligation to provide the Customer with a copy of any
data associated with the Service(s). Rope Digital may provide the customer with a
backup of the data, if it is available, for a fee of $99.

12. Data Management
12.1. It is the Customer’s sole responsibility to maintain regular offsite backups of their data. The
Customer will not hold Rope Digital liable for incomplete, out of date or corrupt data
recovered from backups and archives.
12.2. For Managed web hosting and email hosting Service(s), Rope Digital makes every reasonable effort to backup and archive the
Customer’s data on a regular basis for the sole purpose of disaster recovery. Rope Digital
does not take automated system backups of Virtual Private Server (VPS) Service(s) or any
other Service(s) unless explicitly stated.
12.3. In the event of hard disk failure or data corruption of a shared web hosting or dedicated
email hosting server, Rope Digital will restore data from the last known verified archive. If
backup and archived data appears to be corrupt, the Customer should be prepared to upload
all of their data to their Service(s) from their own copy or an off-site backup; and re-create all
mailboxes, databases, FTP accounts, et cetera.
12.4 Rope Digital is under no obligation to maintain a backup of the Customer’s data following
the suspension or cancellation of the Service for any reason.
12.5. Rope Digital holds no responsibility for any issues which arise during the use of third
party services. Issues which occur as a result of failed upgrade attempts by the Customer are
outside the control of Rope Digital.

13. Use of Identity
13.1. The Customer agrees that the use of any Rope Digital logo or company information is
within approved marketing guidelines.
13.2. Rope Digital agrees not to use a Customer name, logos or information without prior
written consent of the Customer.

14. Governing Law
14.1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s)
delivered by Rope Digital.
14.2. The Customer agrees that these and all Rope Digital Terms, Policies and Agreements
are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the
Courts of that state.

15. Changes
15.1. Rope Digital may amend our Terms of Service at any time. Changes to this agreement
will become effective upon their publication to our website.
15.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not
wish to accept the amended terms, you may request cancellation of your Services) in-line with
our cancellation policy found within our Terms of Service.
If you have any questions about this agreement please contact our team via email at
[email protected]

© 2019 Rope Consulting Pty Ltd Terms of Service