Product and Service Terms

Titan Email Specific Terms and Conditions

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

Domain Central ANZ are an authorised Parner of Titan Email

Any Titan Service provided by Domain Central ANZ is bound by the Titan Agreements and Policies set out below, in counjuction with The Domain Central General Terms and Conditions.

Titan Email Agreements and Policies

• Data Processing Addendum
• Service Level Agreement
• Titan End User Terms of Use
• Titan Acceptable Use Policy
• List of Sub-Processors
• Titan Customer Terms of Use
• Titan Privacy Policy 

Other Email Product Specific Terms and Conditions

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

Domain Central ANZ are an authorised Parner of Titan Email

1. The Service

Domain Central ANZ shall provide the Customer with an hosted email service (the “Email Service”) as defined hereafter insofar as the Customer have submitted an Order Form pursuant to the General Terms and Conditions.

2. Duration

2.1        Activation

Once the Order has been accepted by Domain Central ANZ, the Email Service will be made immediately available to the Customer for the duration they have selected in their Order Form.

2.2        Renewal

2.2.1    Automated renewal

In order to avoid an unwanted expiration of the Service and the deletion of the Content, Domain Central ANZ enables the Customer to activate an automated renewal option in the Customer Portal.

If this option is activated, Domain Central ANZ will attempt to renew the Service prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.

2.2.2    Manual renewal

If the automated renewal option is deactivated, the Customer will need to manually renew their subscription to the Email Service via the Customer Portal before its expiration date. Domain Central ANZ will notify the Customer several times of the expiration and applicable methods to renew the Service, by sending the Customer emails to the address registered as part of the Customer Details.

Domain Central ANZ cannot be held liable if the Customer fails to take the necessary action to renew its subscription to the Service or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Email Service.

2.3        Expiration

If the Customer fails to take action to renew its subscription before its expiration date, the Service will be suspended for a period of five (5) days during which the Customer will be able to reactivate their subscription to the Service via the Customer Portal.

At the end of this period, the Service will be completely deactivated and any Content hosted via the Service as well as the configuration of the Service itself will be definitively deleted with no means of recovery.

3. License

Domain Central ANZ shall grant the Customer a non-exclusive limited license to use the Email Services with certain, limited functions chosen by the Customer in their Order Form.

All rights in the Email Service not expressly granted to the Customer hereunder are reserved to Domain Central ANZ and its licensors.

Additionally, the Customer undertakes to abide by the terms of use applicable to the software provided by the company SmarterTools Inc. having its principal place of business at 1903 W. Parkside Lane, Suite 106, Phoenix, AZ 85027, USA.

4. Limitations

The Customer accepts that Domain Central ANZ may establish limits to the acceptable use of the Email Service, including without limitation the period during which email messages and any other content stored via the Email Service will be retained, the number of email messages that can be sent from or received by each account created as part as the Email Service, the disk storage space allotted and the number of times and duration the Customer may access the Email Services within a given period of time.

The Customer further accepts that Domain Central ANZ reserves the right to modify these limitations from time to time.

5. Responsibility

The Customer acknowledges that the Content communicated via the Email Service is the sole responsibility of the person from whom it originated. The Customer therefore agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Email Service.

Domain Central ANZ does not control the Content transiting via the Email Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

It is expressly reminded here that Domain Central ANZ is not subject to any general obligation to monitor the Content transiting via the Email Service.

Notwithstanding the aforementioned, in the event Domain Central ANZ has been informed that the Customer is using the Email Service to communicate or distribute blatantly illicit Content, Domain Central ANZ will promptly suspend the Email Service without prior notice to the Customer. In such a case and where applicable, Domain Central ANZ may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.

6. Refund

The Customer understands and agrees that all fees applicable to the Email Service are nonrefundable. The Customer further acknowledges that the early termination of the Email Service does not entail the refunding of any monies paid to Domain Central ANZ nor does it release the Customer from their obligation to pay all fees applicable to the Service ordered.

7. Modification

In accordance with article 7.2 of the General Terms and Conditions, Domain Central ANZ retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Email Service. In such a case Domain Central ANZ shall make its best efforts to inform the Customer of such modification or suspension of the Email Service in a timely manner.

The Customer understands and accepts that Domain Central ANZ cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Email Service.

8. Domain Central ANZ obligations

Domain Central ANZ makes no warranty of any kind, expressed or implied, as to the Email Service merchantability or fit for a particular purpose. The Email Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and Domain Central ANZ disclaims all responsibility and liability for the Service availability.

Further, the Customer expressly acknowledges that Domain Central ANZ will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.

9. Email Service availability

Domain Central ANZ shall make its best efforts to provide the Email Service twenty (24) hours a day and seven (7) days a week for the whole term of the Email Service subscription. However, Domain Central ANZ hereby only commits to a best-efforts obligation.

Additionally, the Customer accepts that the Email Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the Email Service that Domain Central ANZ may undertake from time to time;
• improper use of the Email Service by the Customer;
• …

Domain Central ANZ shall make all reasonable efforts to publish on the Domain Central ANZ Site any information pertaining to the resuming of the Email Service after an interruption.

10. Terms of use

When using the Email Service, the Customer commits not to:

• take any action that may be defamatory, libellous, threatening, abusive, harassing, invasive of another’s privacy, and/or hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
• forge or manipulate identifiers in order to disguise the origin of any Content;
• upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available;
• infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Email Service or servers or networks connected to the Email Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Email Service;
• intentionally or unintentionally violate any applicable national or international law, and more generally any applicable legal or statutory rules.

11. Termination

11.1.    The Customer may request the termination of the Email Service at any time. Such termination will be operated after a period of one (1) month following the receipt by Domain Central ANZ of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.

11.2.    The Customer accepts that in certain circumstances, Domain Central ANZ will be entitled to terminate their Email Service subscription without prior notice, thus preventing the customer from accessing and/or using the Email Service. Circumstances where such termination may happen, without it being deemed a default of Domain Central ANZ towards its contractual or legal obligations, include but are not limited to:

• the Customer’s breach of the Contractual Terms;
• the receipt of a request from law enforcement or any competent agency imposing such termination;
• the Customer’s early termination request;
• any suspension or fundamental modification of the Email Service;
• unforeseeable technical or security issues;
• use of the Email Service by the Customer for illicit purposes;
• failure by the Customer to pay to Domain Central ANZ any fee due for the Email Service provision;
• …

The Customer understands and agrees that the termination of the Email Service entails the removal and/or deletion of:

• all access to the functionalities offered as part as the Email Service, and
• the Content stored by the Customer, and
• the Customer’s authentication details, and
• more generally prevent any further use of the Email Service.

11.3.    In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold Domain Central ANZ harmless from any responsibility arising from any further intervention request on the Email Service.

11.4.    The Customer expressly agrees that no refund shall be granted in case of termination of the Email Service and/or the whole Agreement

Web Hosting Specific Terms and Conditions

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

1. The Service

Domain Central ANZ shall provide the Customer with a range of web hosting services such as WordPress hosting, shared web hosting and web hosting (the “Web Hosting Service”) as defined hereafter insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.

2. Duration

2.1        Activation

Once the Order has been accepted by Domain Central ANZ, the Web Hosting Service will be made immediately available to the Customer for the duration they have selected in their Order Form.

2.2.      Renewal

2.2.1    Automated renewal

In order to avoid an unwanted expiration of the Service and the deletion of the Content, Domain Central ANZ Web Hosting Services are auto renewing until such time as intent to cancel is submitted in accordance with the terms of article 6 of the General Terms and Conditions.

Domain Central ANZ cannot be held liable if the Customer fails to take the necessary action to renew its subscription to the Service or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Web Hosting Service.

2.3 Suspension

If the Customer fails to pay their renewal invoice by the due date, the Service will be suspended and will only be reactivated upon payment of all outstanding invoices.

3. Licence

Domain Central ANZ shall grant the Customer a non-exclusive limited license to use the Web Hosting Service with certain, limited functions chosen by the Customer in the Order Form.

By accepting this license, the Customer shall not, and shall not allow any third party to: directly or indirectly : (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the software and more generally of any technology made available to them as part of the Web Hosting Service ; (ii) modify or create derivative works of the Web Hosting Service; (iii) incorporate or embed the Web Hosting Service, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the Web Hosting Service. The Customer acknowledges that the license of use on the Web Hosting Service is personal and non-transferrable and that the Customer is forbidden from sub- licensing the Web Hosting Service and more generally, from allowing any third party to use the Web Hosting Service.

All rights in the Web Hosting Service not expressly granted to the Customer hereunder are reserved to Domain Central ANZ and its licensors.

Additionally, the Customer understands and agrees that depending on their choice and customisation of the Web Hosting Service, certain third parties’ software may be used and consequently, the Customer agrees to be bound by the terms of those third parties..

Depending on the Client setup of the Service, additional license agreements may apply. A link to their most recent version will be displayed in the Service control panel. Any such terms or licenses are hereby incorporated by reference to those Specific Terms.

4. Limitations

The Customer accepts that technical limitations apply to the service offer they have selected. Such limitations shall be sufficiently described on Domain Central ANZ Website. Nonetheless, in case of doubt, the Customer shall contact Domain Central ANZ customer support to obtain further information regarding the Service.

Notwithstanding the aforementioned, the Customer understands and accepts that the Web Hosting Service shall strictly and solely be used for the hosting of websites and that any use of the Web Hosting Service as a file sharing platform, as a video or music streaming platform is against the Web Hosting design and thus strictly forbidden.

The Customer further accepts that Domain Central ANZ reserves the right to modify the limitations applicable to the Web Hosting Service from time to time.

5. Responsibility

The Customer agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Web Hosting Service. Domain Central ANZ does not control the Content transiting via the Web Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. It is expressly reminded here that Domain Central ANZ is not subject to any general obligation to monitor the Content transiting via the Web Hosting Service. Notwithstanding the aforementioned, in the event Domain Central ANZ has been informed that the Customer is using the Web Hosting Service to communicate or distribute blatantly illicit Content, Domain Central ANZ will promptly suspend the Web Hosting Service without prior notice to the Customer. In such a case and where applicable, Domain Central ANZ may assist the competent law enforcement authorities in their investigation of the illegal activities.

6. Modification

In accordance with article 7.2 of the General Terms and Conditions, Domain Central ANZ retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Web Hosting Service. In such a case Domain Central ANZ shall make its best efforts to inform the Customer of such modification or suspension of the Web Hosting Service in a timely manner.

The Customer understands and accepts that Domain Central ANZ cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Web Hosting Service.

8. Domain Central ANZ obligations

Domain Central ANZ makes no warranty of any kind, expressed or implied as to the Web Hosting Service merchantability or fit for a particular purpose. The Web Hosting Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and Domain Central ANZ disclaims all responsibility and liability for the Service availability.

Further, the Customer expressly acknowledges that Domain Central ANZ will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.

9. Web Hosting Service availability

Domain Central ANZ shall make its best efforts to provide the Web Hosting Service twenty four (24) hours a day and seven (7) days a week for the whole term of the Web Hosting  Service subscription. However, Domain Central ANZ hereby only commits to a best-efforts obligation.

Additionally, the Customer accepts that the Web Hosting Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the Web Hosting Service that Domain Central ANZ may undertake from time to time;
• improper use of the Web Hosting Service by the Customer;

Domain Central ANZ shall make all reasonable efforts to publish on the Domain Central ANZ Site any information pertaining to the resuming of the Web Hosting Service after an interruption.

10. Acceptable Use

In using the Web Hosting Service, the Customer commits not to:•              take any action that may be defamatory, libellous, threatening, abusive, harassing, invasive of another’s privacy, and/or hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way;

• impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
• forge or manipulate identifiers in order to disguise the origin of any Content;
• upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available;
• infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Web Hosting Service or servers or networks connected to the Web Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Hosting Service;
• intentionally or unintentionally violate any applicable national or international law, and more generally any applicable legal or statutory rules.

11. No commercial use

The Web Hosting Service is provided for the Customer’s personal use only. The Customer agrees not to use the Web Hosting Service for commercial purposes and the Customer agrees not to resell, distribute, or share the Web Hosting Service in whole or in part.

Should the Customer use the Web Hosting Service within the scope of a professional activity or commercial venture, the Customer agrees to hold Domain Central ANZ harmless of any consequence that this unauthorised use may result in.

12. Termination

12.1.    The Customer may request Cancellation of Web Hosting Service at any time via their client portal, and in line with the terms set out in article 6 the General Terms and Conditions.

12.2.    The Customer accepts that in certain circumstances, Domain Central ANZ will be entitled to terminate their Web Hosting Service subscription without prior notice, thus preventing the customer from accessing and/or using the Web Hosting Service. Circumstances where such termination may happen, without it being deemed a default of Domain Central ANZ towards its contractual or legal obligations, include but are not limited to:

• unforeseeable technical or security issues;
• use of the Web Hosting Service by the Customer for illicit purposes;
• failure by the Customer to pay to Domain Central ANZ any fee due for the Web Hosting Service provision;
• …

12.3.    In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold Domain Central ANZ harmless from any responsibility arising from any further intervention request on the Web Hosting Service.

12.4.    The Customer expressly agrees that no refund shall be granted in the case of termination of the Web Hosting Service and/or the whole Agreement.

SSL Certificates Specific Terms and Conditions

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

1. The Service

1.1.      Order process

In its capacity as an authorised reseller and insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions, Domain Central ANZ shall provide to the Customer a range of issuance and administration services for digital certificates based on the Secure Sockets Layer protocol (the “SSL Certificate Service”)

Under these Specific Terms and Conditions Domain Central ANZ shall enable the Customer to obtain SSL digital certificates (the “Certificate”) from the following certification authority (the “Authority”):

Sectigo Limited (Manchester Office)

26 Office Village, Exchange Quay, Trafford Road 3rd Floor

Salford, Manchester M5 3EQ

United Kingdom

1.2.      Validation

Issuance of the Certificate will be subject to a mandatory validation procedure. The applicable procedure, contingent upon the type of Certificate selected by the Customer shall be detailed on the Domain Central ANZ Site. The Client shall be solely responsible for abiding by the applicable procedure in order to obtain the Certificate from the Authority.

1.3.      Certificate renewal

1.3.1.  Automated renewal

In order to avoid an unwanted expiration of the Certificate, Domain Central ANZ has automatically renewing services, in that a renewal invoice will be generated at the end of the paid term. It is the Customer responsibility to ensure payment of the renewal invoice to ensure continuity of service.

2. Service use

In order to redeem the SSL Voucher and obtain the Certificate the Customer must agree to the terms and conditions applicable to the services provided by the Authority; the current version is available at: https://sectigo.com/legal

The Customer expressly understands and accepts that Domain Central ANZ has no control whatsoever over the services provided by the Authority nor the terms and conditions applicable to such services.

3. Limitations

Domain Central ANZ makes no warranty of any kind, expressed or implied, as to the SSL Certificate Service’s merchandisableness or fit for a particular purpose. Any warranty given by the Authority falls under the sole responsibility of the latter.

In providing the SSL Certificates Service, Domain Central ANZ’ role is strictly limited to this of a mere intermediary with the Authority. As such Domain Central ANZ makes no warranty other than the fact that it will transmit the Customer order to the Authority.

Upon receipt of full payment for the Certificate, Domain Central ANZ will activate a functionality in the Customer Portal which will allow them to initiate the issuance procedure of the Certificate the Customer has ordered.

4. Responsibility

The Customer commits not to use the SSL Certificates Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions.

The Customer understands that any improper use of the SSL Certificates Service may result in the immediate, and without prior notice, suspension of the Certificate by Domain Central ANZ and/or the Authority, as well as the complete suspension of the Customer Portal if Domain Central ANZ deems it necessary.

The Customer accepts that neither Domain Central ANZ nor the Authority can be held liable for the use of the Service made by the Customer.

5. Guarantee

The Customer commits to hold harmless Domain Central ANZ and the Authority against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify Domain Central ANZ and/or the Authority for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for Domain Central ANZ and/or the Provider by the Customer’s use of the Service.

6. Customer Support

Domain Central ANZ’ support for the SSL Certificates Service will be exclusively limited to the basic setup of the Certificate.

The validation procedure and more generally, technical support for the Certificate will be provided directly by the Authority.

7. Refund

The Customer understands and agrees that all fees applicable to the SSL Certificates Service are non-refundable. The Customer further acknowledges that the early termination of the SSL Certificates Service does not entail the refunding of any monies paid to Domain Central ANZ nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered.

8. Modification

In accordance with article 7.2 of the General Terms and Conditions, Domain Central ANZ retains the right to discontinue or suspend at any time, temporarily or permanently any part or the entirety of the SSL Certificates Service.

The Customer understands and accepts that Domain Central ANZ cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the SSL Certificates Service.

9. Termination

9.1.      The Customer may request the termination of the SSL Certificates Service at any time via their Customer Portal in line with the cancellation terms set out in article 6 of the General Terms of Service.

9.2.      The Customer accepts that in certain circumstances, Domain Central ANZ will be entitled to terminate provision of the SSL Certificates Service without prior notice. Circumstances where such termination may happen, without it being deemed a default of Domain Central ANZ towards its contractual or legal obligations, include but are not limited to:

• use of the SSL Certificates Service by the Customer for illicit purposes; and/or
• failure by the Customer to pay to Domain Central ANZ any fee due for the SSL Certificates Service provision.

9.3.      The Customer expressly agrees that no refund shall be granted in the case of termination of the SSL Certificates Service and/or the whole Agreement