Digital Candy Hong Kong Limited Terms of Service
DIGITAL CANDY / DIGITAL CANDY ONLINE is owned and operated by DIGITAL CANDY HONG KONG LIMITED
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by DIGITAL CANDY, acceptance is expressly limited to these Terms.
Use of our Services requires a DIGITAL CANDY ONLINE account. You agree to provide us with complete and accurate information when you register for an account.
When using DIGITAL CANDY ONLINE Services, you agree not to:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights);
- publish, host, or transmit content that is defamatory, slanderous or trade libelous;
- publish, host, or transmit content that is threatening or harassing;
- publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
- disclose the sensitive personal information of others;
- distribute material that is or enables malware, spyware, adware, or other malicious code;
- send spam or bulk unsolicited messages;
- interfere with, disrupt, or attack any service or network;
- resell, share, or publish DIGITAL CANDY ONLINE credentials or access;
- make any DIGITAL CANDY plugin available for public download in ways that violate the Terms of the GPL 2.0 license.
Payments & Subscriptions
DIGITAL CANDY ONLINE is a membership site and many of our Services require an active paid subscription – including DIGITAL CANDY ONLINE Hosting and Maintenance services. By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do from your dashboard.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorise us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel a subscription, it will remain active until the end of your current billing cycle.
We accept payments by card online via the dashboard when subscribing to a service, paying an invoice or purchasing credits.
Upgrades of monthly subscriptions are calculated based on both the time used on the existing plan and the time remaining on the new plan, down to the minute. For example, if you upgrade your hosting plan mid-way through your subscription period, 50% credit will be added to your balance and this balance will be automatically spent on your next invoice (invoice price will be reduced by the amount of credit balance available). Upgrading to a higher plan mid-way through your subscription would result in a credit for the unused time on the current subscription and only the remaining period for the new plan is charged at the new rate. A cost estimation for hosting plan upgrade is provided before checkout.
Monthly subscriptions are charged at the beginning of each period. These subscriptions can be cancelled from the dashboard. When a cancellation is requested, the subscription will be cancelled at the end of the current period.
Subscription to advanced WordPress maintenance and support are paid at the beginning of each period and can be cancelled from your dashboard. Please note that each maintenance plan offer various amount of pro plugins therefore any plugin available on your existing plan but not on a new, downgraded plan, will be removed.
Payments related to large projects, which require a quotation to be submitted in your dashboard, may be split. When receiving a quotation, up to 3 invoices will be provided to be paid at specific milestones. E.g. 40% payment for project approval, 40% once design phase is completed, 20% on launch day.
Support credits can be purchased and spent at any time.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time although we will always try not to do so for existing subscriptions. When applicable, we would give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
We may run promotions where Credits can be exchanged for services. We reserve the right to deny the use of Credits or terminate accounts if you commit fraud or abuse the Credits system in any way.
If you are using our managed hosting services, the following applies:
- By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
- In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
- We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
- If you lose access to your DIGITAL CANDY ONLINE account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than seven (7) days after the account goes inactive.
- You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.
For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:
- We guarantee a 99.9% uptime SLA.
- We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
- Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
- Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
- Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.
- Number of PHP workers available for each hosting plan: Simple – 5, Basic – 12, Advanced – 55, Pro – 115
- Number of concurrent MySQL database connections for each hosting plan: Simple – 50, Basic – 150, Advanced – 300, Pro – 500
- WordPress memory limit for each hosting plan: Simple – 256MB, Basic – 256MB, Advanced – 512MB, Pro – 512MB
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by ticket system, email, live chat or call depending on your plan. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a ticket for ongoing follow-up and tracking.
We commit to having our support team available and staffed during working hours. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
We will do our utmost to support anything WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide as part of your maintenance plan. We reserve the right to determine which requests and levels of support that we can and can’t provide. In most case, a quotation will be provided for work requiring more time than allocated as part of your plan. Any work quoted must be paid using your credits or other payment methods available and specified in the quotation.
Any time spent on maintenance and support is deducted from your monthly allowance. Credits can be spent when more time is required.
You grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.
In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilised on your site. DIGITAL CANDY makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products.
We may install selected plugins on your website depending on your needs and plan. Updates are released often for compatibility, feature upgrades, and additions and are only available to customers who have an active membership.
The Pro plugins which require license renewals when purchased separately and that we install on your website(s) listed in your DIGITAL CANDY ONLINE account must not be used on any other website. These plugins are offered as part of your hosting or maintenance plan therefore they must be purchased separately or uninstalled if your plan(s) is cancelled.
You will be solely responsible and liable for any activity that occurs under your username(s). You are responsible for keeping your password secure and you must immediately notify DIGITAL CANDY of any unauthorised uses of its sites, its account, or any other breaches of security.
We do not offer any refund but trials may be available on selected services. No refunds will be given for scheduled subscription payments, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.
Our Services are provided “as is.” DIGITAL CANDY HONG KONG LIMITED and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DIGITAL CANDY HONG KONG LIMITED nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of HONG KONG, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in HONG KONG.
In no event will DIGITAL CANDY HONG KONG LIMITED, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DIGITAL CANDY HONG KONG LIMITED under this Agreement during the three (3) month period prior to the cause of action. DIGITAL CANDY HONG KONG LIMITED shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Use of Digital Candy Online logos
Please do not use any of our logos prior to our approval. Digital Candy Online logos can be found here.