Terms and Conditions

Part A: General terms

1. About these terms

1.1 Who we are. "In2Digital", "we", "us" and "our" mean New Tech Digital Pty Ltd (ABN 38 643 245 247), trading as In2Digital Communications, of 2/30-32 Christensen St, Cheltenham VIC 3192. You can reach us on 03 9114 2268 or at [email protected].

1.2 Who you are. "You" and "your" mean the business, organisation or person named on the quote, proposal, order or account, and anyone authorised to act for it.

1.3 What makes up our agreement. Our agreement with you (the Agreement) is made up of:

1. your Order: the quote, proposal, order form or online order you accept;
2. the Service Schedule in Part B for each service you buy from us;
3. these General Terms in Part A; and
4. the policies these terms refer to, including our Privacy Policy, Complaints Handling Policy and Payment Assistance Policy, and for phone and NBN plans, the Critical Information Summary for your plan.

1.4 If documents conflict. Terms written specifically for you in your Order apply first, then the Service Schedule, then these General Terms. Nothing in an Order can take away rights you have under the law.

1.5 Other companies' terms. Some products we supply, such as Microsoft 365 and Google Workspace, come with the maker's own terms, which you agree to with them directly. Clause 10 explains how these work.

1.6 Business customers and consumer protections. Our services are designed for businesses and organisations. Many businesses are still "consumers" under the Australian Consumer Law (see clause 13), and small businesses can be "consumers" under the telecommunications consumer protection rules (see Schedule S3). Where those laws give you extra rights, you have them, whatever these terms say.

1.7 When these terms apply. These terms apply to every Order accepted on or after 4 November 2026, the "In effect from" date at the top of this page. If you already had services with us before then, these terms apply to those services 30 days after we email you a link to them. Until then, the terms that applied before continue to apply to those services. If you don't want these terms to apply, tell us before the 30 days are up, and you can cancel the affected service without an early termination charge (clause 24.3). We keep earlier versions and will give you a copy on request (clause 24.5).

2. Definitions

2.1 In these terms:

Billing period

The period a recurring charge covers (for example a month or a year). Billing periods run from the date shown in your Order or on your invoice. We may line your services up to a common renewal date, and charge the first part-period pro rata.

Business day

Monday to Friday, except public holidays in Victoria.

Business hours

9am to 5pm Melbourne time on a business day.

Charges

The amounts payable for the Services, as set out in your Order or, if your Order doesn't say, as we confirm to you in writing before we supply them.

Consumer guarantees

The guarantees in Part 3-2, Division 1 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Deliverables

The things we create for you in a Project, such as designs, websites, code, configurations, documents and reports.

Due date

The date an invoice is due, shown on the invoice.

Go-live

When a website or system is published or put into live use, or the date it would have been if not for a delay caused by you.

Hourly rates

The hourly rates set out in your quote, proposal or Order. If none applies to the work, we'll tell you the rate in writing before we start.

Portal

Our client portal at portal.in2digital.com.au.

Project

One-off work we quote as a project, such as a website build, an installation or an IT project.

Recurring service

A service we bill for each billing period, such as licences, phone and NBN services, hosting, domain names, maintenance plans, managed IT and an AI agent's monthly fee.

Services

Everything we supply under the Agreement, including goods.

Supplier

Another company whose products, platforms or networks we resell or use to provide the Services, such as Microsoft, Google, NBN Co, our wholesale carriers and domain registrars.

Telco services

Our cloud phone (VoIP) and NBN services.

Your Data

The data, content and information that you or your users provide to us or store or process using the Services, including personal information.

2.2 "Including" and "for example" don't limit what comes before them. Headings are for convenience only.

3. Quotes, proposals and orders

3.1 How long quotes last. Quotes and proposals are valid for 30 days unless they say otherwise. Hardware and third-party product prices can change if our Supplier changes its price before we place your order. If that happens we'll tell you before going ahead, and you can withdraw without cost.

3.2 How you accept. You accept an Order when you do any of the following, and the Agreement for that Order starts then:

• approve it online, including through our proposals site (order.in2digital.com.au) or the Portal;
• sign it, including electronically;
• confirm it in writing, including by email; or
• pay the deposit or first invoice for it.

3.3 Authority. The person who accepts an Order confirms they're authorised to do so for your business.

3.4 If we can't supply. We may decline an order, for example if a service isn't available at your address or you don't meet a Supplier's eligibility rules. If we find we can't supply something after you've accepted, we'll tell you promptly and refund anything you've paid for the part we can't supply.

3.5 Unsolicited sales. If we ever sell to you in an unsolicited way, for example by contacting you uninvited by phone or in person away from our premises, the Australian Consumer Law's unsolicited consumer agreement rules may apply. If they do, you have a 10 business day cooling-off period, we'll give you the information and cancellation form the law requires, and we won't supply services or take payment during the cooling-off period except as the law allows.

3.6 Adding to your services. Extra licences, users or services you add later, through the Portal (for example Microsoft 365 licences) or by asking us, become part of the Agreement and are charged from when they start.

4. Prices and GST

4.1 Currency and GST. Prices are in Australian dollars. Prices in our quotes and proposals exclude GST unless they say otherwise. GST is added on our tax invoices at the current rate.

4.2 No card surcharges. We don't add a surcharge for paying by card.

4.3 Price changes for recurring services. We'll give you at least 30 days' written notice before a price increase takes effect. If a Supplier gives us less notice than that of its own increase, we'll give you as much notice as we reasonably can. If you don't accept an increase, you can cancel the affected service before the increase takes effect without an early termination charge. If that service has a minimum term, you also don't pay for the rest of the term. We don't increase a price during a fixed term your Order sets, or during an annual licence term whose price the Supplier has fixed (such as Microsoft annual licences).

4.4 Expenses. We only charge travel, parking, freight or other third-party costs if your Order says so or you approve them first.

5. Invoices and payment

5.1 Recurring services. Recurring services are billed in advance for each billing period: monthly or yearly, or for another period your Order sets. We issue the renewal invoice about 16 days before a service renews. It's due 14 days after the invoice date.

5.2 Projects and hourly work. Projects are invoiced as your Order says. For website projects that's usually a 50% deposit when you accept and the balance at go-live, unless your proposal sets a different payment schedule (see Schedule S8). Hourly work is invoiced after the work is done, unless your Order says it's prepaid.

5.3 Hardware. We may ask for full payment, or a deposit, before we order hardware for you. Your quote says which.

5.4 How to pay. You can pay by bank transfer to the account shown on the invoice (please use the invoice number as the reference), or by card through the Portal or the secure payment link on the invoice. Card payments are processed by Stripe.

5.5 If you think an invoice is wrong. Tell us, ideally before the due date. We'll look into it and reply within 10 business days. You only need to pay the part that isn't in dispute while we do, and we won't suspend a service or take recovery action over the disputed amount while we're looking into it.

5.6 Credits and refunds. We refund to the original payment method, or apply a credit to your next invoice if you prefer.

5.7 Records. Your invoices and payment history are available in the Portal. We'll email you a statement of your account on request.

6. Automatic card payments

6.1 Your authority. If you choose to pay a service by card and save a card with us (through the Portal, a proposal or a payment link), you authorise us to charge that card, or another saved payment method you nominate (such as a Stripe Link account, which keeps your card details with Stripe), for invoices for the services you've chosen to pay by card. We'll do this without you being present, on the dates and in the way set out in this clause. Our system usually makes these charges automatically. If we make one manually, it follows the same dates and limits as clause 6.3, unless you ask us to charge earlier.

6.2 How much. We charge the unpaid balance of the invoice, and never more than that.

6.3 When. We only charge a card automatically when your invoice email has told you we will. If the invoice is still unpaid, we make:

1. the first attempt on the day after the due date or, if the due date falls after the 25th of a month, on the 26th of that month, which can be up to 5 days before the due date;
2. if that is declined, a second attempt 3 days after the first; and
3. if that is declined, a third and final attempt 7 days after the first.

We never try a card more than once a day or more than 3 times for the same invoice. After that, we'll contact you about paying another way. We don't charge an invoice of more than $2,000 (including GST) automatically. We'll contact you about it first, and you can pay it by bank transfer if you prefer.

6.4 Receipts and decline notices. We email a receipt after each successful charge. After a declined charge we email a decline notice saying when we'll try again (if we will) and how to update your card.

6.5 Card security. Stripe stores your card details. We never see or keep your full card number.

6.6 Changing or stopping card payments. You can update or remove your saved card, or switch to bank transfer, at any time in the Portal or by contacting us. Please do this at least 2 business days before a scheduled charge so we can stop it. Removing a card doesn't cancel any service or change what you owe.

6.7 Paying another way first. If your bank transfer for an invoice reaches us before the charge date in your invoice email, we won't charge your card for it. If a transfer arrives after we've charged your card, we'll refund the extra amount or hold it as a credit, whichever you prefer.

6.8 Charges made in error. If we charge you incorrectly, tell us and we'll refund it promptly. You can also contact your card issuer.

6.9 Use of saved cards. We only use your saved card for the purposes in this clause, and for deposits or invoices you choose to pay with it when approving a proposal or in the Portal.

7. Late payment and suspension

7.1 Reminders. If an invoice is unpaid after its due date, we'll send reminders.

7.2 Services other than phone and NBN. If an invoice is still unpaid 14 days after its due date, we'll send you a final notice. If it's still unpaid 7 days after the final notice, we may suspend the services that invoice relates to, and pause non-urgent work, until it's paid. A person reviews your account before any suspension. We don't suspend services automatically.

7.3 Phone and NBN services. Before we restrict, suspend or disconnect a telco service for non-payment, we follow the credit management steps in the Telecommunications Consumer Protections Code (or any ACMA standard that replaces it) and the Telecommunications (Financial Hardship) Industry Standard 2024. These include giving you written notice beforehand, telling you about our Payment Assistance Policy and giving you the TIO's contact details. If we restrict a phone service, we won't block calls to Triple Zero (000).

7.4 Payment difficulties. If you're having trouble paying, please tell us early. We'll work through options with you, such as a payment plan or a temporary change to your services. For telco services, our Payment Assistance Policy (our financial hardship policy) explains how to apply, the options available and what we'll do.

7.5 Restoring services. Once the overdue amount is paid, we'll restore suspended services as soon as practicable. We only charge a reconnection fee if a Supplier charges us one and we've told you about it in advance.

7.6 Your data during suspension. Suspending a service doesn't delete Your Data. We won't delete Your Data because of non-payment unless the service has been suspended for at least 30 days and we've given you at least 7 days' further written notice. Some Supplier products delete data on their own schedule after a subscription ends; we'll warn you if that applies.

7.7 Payments. If you make a part-payment without telling us which invoice it's for, we apply it to the oldest unpaid invoice first.

7.8 Your phone numbers and domains stay yours to move. An overdue account doesn't stop you porting your phone numbers (clause S4.7) or getting your domain authorisation code (clause S6.6). Any amount owing is still payable.

8. Renewals, cancelling and ending the Agreement

8.1 Automatic renewal. Recurring services renew automatically at the end of each billing period, for another period of the same length, at the price that applies at the time (see clause 4.3), until you or we cancel. We send the renewal invoice about 16 days before the renewal date, and it's your reminder that the service is about to renew. For Microsoft licences, clause S2.4 explains the 7-day window after a renewal.

8.2 How to cancel. Email [email protected] or raise a request in the Portal. The request must come from an authorised contact (clause 11.2). We'll confirm in writing. Cancelling a phone number or domain name can mean losing it, so move it to another provider first if you want to keep it.

8.3 When a cancellation takes effect. A cancellation takes effect at the end of the current billing period, or at the end of any minimum term if that's later, unless we agree on another date or item 5 of clause 8.4 applies. To stop a renewal, tell us before the renewal date. If you cancel after we've sent the renewal invoice but before the renewal date, we'll cancel or credit that invoice, except for any part covering a Supplier commitment we can no longer cancel.

8.4 Unused periods. We don't refund the unused part of a billing period you've already paid for, except where:

1. we can recover the cost from our Supplier, in which case we pass the refund on;
2. we end the service for a reason that isn't your fault;
3. you're entitled to a refund under the consumer guarantees;
4. the law otherwise requires it; or
5. you've paid a year or more in advance for a service we provide ourselves with no Supplier commitment behind it (such as hosting, a maintenance plan, managed IT or an AI agent's monthly fee). In that case the cancellation takes effect at the end of the month in which you cancel, and we refund the whole months left in the period you've paid for.

8.5 Minimum terms and Supplier commitments. Some services have a minimum term, or need us to make a commitment to a Supplier for you. Examples are Microsoft annual licences, Google Workspace Annual plans, yearly endpoint protection subscriptions (such as Sophos) and domain registrations. Your Order, the relevant Schedule or the Critical Information Summary shows them. If you cancel early, you pay:

1. the charges for the rest of that commitment that we must still pay our Supplier, less anything we can recover; and
2. any early termination charge stated in your Order or Critical Information Summary.

We'll show you how we worked these amounts out. They reflect our real costs. They aren't a penalty.

8.6 When we can end a service or the Agreement. We can end a service, or the whole Agreement, by written notice if:

1. you materially breach the Agreement and don't fix the breach within 14 days after we ask you to, or immediately if the breach can't be fixed (for example fraud or a serious breach of clause 12);
2. you become insolvent, to the extent the law allows us to end the Agreement for that reason;
3. a Supplier withdraws a product or stops letting us supply it. We'll give you as much notice as we can (at least 30 days where possible), help you move to an alternative and refund any prepaid Charges for the period after the service ends; or
4. we decide to stop offering a service. We'll give you at least 60 days' notice, or let any fixed term run to its end, and refund any prepaid Charges for the period after the service ends.

8.7 When you can end a service or the Agreement. Besides cancelling under clause 8.2, you can end a service, or the whole Agreement, by written notice if we materially breach the Agreement and don't fix the breach within 14 days after you ask us to, or if we become insolvent. You also have the rights in clauses 4.3, 9.2 and 24.3 and your rights under the consumer guarantees. If you end a service because of our breach, clause 8.5 doesn't apply to it.

8.8 When a service ends.

• You pay the Charges up to the end date, and any amounts under clause 8.5.
• We'll help you move to a new provider. That includes giving you administrator access and credentials for systems we managed for you, your domain authorisation codes, a copy of Your Data in a reasonable format, and transferring licences to your new provider where the Supplier allows. Handover work beyond that is charged at our hourly rates, and we'll estimate it first.
• We remove our monitoring and remote access tools and our administrator access, unless you ask us to keep them for a short handover period.
• We delete Your Data held in the services we managed for you (such as mailboxes, backups, websites and phone systems) 60 days after the service ends, unless the law requires us to keep it (for example, call and connection records that we or our suppliers must keep for at least 2 years under the data retention law; see clause 16.9). If you want a copy, ask us before then. Copies in backups are deleted as those backups expire. We keep our own records about your account, such as invoices, agreements and job notes, as our Privacy Policy explains.

8.9 Clauses that by their nature continue after the Agreement ends, including clauses 5, 8.5, 8.8, 13 to 18 and 22, survive it.

9. Changes to services

9.1 How we deliver services. We may change the tools, platforms or Suppliers we use, as long as the change doesn't materially reduce the service you receive. Clause 16.4 explains when we'll tell you first about a new Supplier handling Your Data.

9.2 Changes that disadvantage you. If we need to change a service in a way that materially disadvantages you, we'll give you at least 30 days' notice. You can cancel the affected service before the change without an early termination charge.

9.3 Urgent changes. We may make a change immediately if it's needed for security, to comply with the law or to stop a Supplier service failing. We'll tell you as soon as we can.

9.4 Changes you ask for. You can ask to change your services at any time. We'll confirm any change to the Charges before making it.

10. Third-party products and Suppliers

10.1 We resell and use other companies' products. These include Microsoft, Google, Sophos, Action1, backup providers, NBN Co and our wholesale NBN and voice carriers, domain registrars, hosting and cloud providers, Shopify, WordPress themes and plugins, hardware makers and AI providers.

10.2 Their terms. Where a Supplier requires it, you must accept its end-customer terms before we can supply the product. Examples include the Microsoft Customer Agreement, the Google Workspace via Reseller Agreement, software licence terms, theme and plugin licences, and domain registry rules. Those terms are between you and the Supplier and govern your use of that product. We'll give you a link or copy on request.

10.3 Supplier outages and changes. Suppliers control their own products and networks. We aren't responsible for a Supplier's outages, changes, price changes or product withdrawals, except to the extent we caused or contributed to the problem or the consumer guarantees say otherwise. We'll pass on Supplier notices that affect you and help you work around problems.

10.4 Warranties and support. We pass on the benefit of Supplier warranties and support, and we raise and follow up Supplier support cases for you.

11. Your responsibilities

11.1 Information. Give us accurate and complete information, and keep your contact, billing and service address details up to date.

11.2 Authorised contacts. Tell us (or set in the Portal, where available) which of your people can order, see invoices, manage services or raise support requests. We can act on instructions from any authorised contact. Before high-risk changes, such as porting numbers away, changing the account holder or contacts, transferring a domain, redirecting services or changing administrator access, we'll check identity, for example by sending a one-time code to the account's registered contact.

11.3 Access and cooperation. Give us timely access to the premises, systems, people and information we reasonably need. When we work on site, provide a safe workplace and tell us about any known hazards.

11.4 Security. Keep passwords, multi-factor authentication and devices secure. Tell us promptly if you suspect an account or device has been compromised.

11.5 Licences. Use software within its licence terms, and make sure you're licensed for any software you ask us to install.

11.6 Your users. You're responsible for how your staff and other users use the Services, including following clause 12.

11.7 Your own copies. Keep your own copies of important data unless backup is part of the Services we provide to you, and even then keep copies of anything you can't afford to lose.

11.8 Your legal obligations. You're responsible for your own legal obligations, including privacy, spam, surveillance, workplace and record-keeping laws. We can point out issues we notice, but we don't give legal advice.

11.9 Our recommendations. If you decide not to follow a security or other recommendation we make in writing, we aren't responsible for problems to the extent they result from that decision.

12. Acceptable use

12.1 You and your users must not use the Services to:

• break any law, or infringe anyone's intellectual property, privacy or other rights;
• store, publish, send or link to material that is illegal in Australia, including class 1 material such as child sexual abuse material or pro-terror material, or material that has been or would be refused classification;
• send commercial emails or SMS without consent, without identifying the sender or without a working unsubscribe, as the Spam Act 2003 requires, or make telemarketing calls outside permitted hours or to numbers on the Do Not Call Register without consent;
• show a caller ID or SMS sender ID you don't have the right to use, or disguise where a call or message comes from;
• spread malware, run phishing, or scan, probe or attack any system or network (including ours) without permission;
• get into accounts, systems or data without authorisation;
• harass, threaten or defame anyone;
• use resources in a way that harms our platforms or other customers, for example cryptocurrency mining on hosting, open mail relays or deliberately excessive traffic; or
• resell our services without our written agreement.

12.2 Reporting abuse. Anyone can report abuse, or illegal or harmful material hosted on our services, by emailing [email protected] with "Abuse report" in the subject. We'll look into it promptly.

12.3 What we'll do. If we reasonably believe this clause has been breached, we'll ask you to fix it. If the breach is serious, or isn't fixed promptly, we may remove or disable the material or suspend the affected service, giving notice first where that's reasonable. For illegal material or an immediate risk to people or systems, we'll act straight away and tell you afterwards. We report matters to the authorities where the law requires, and we may end the Agreement for serious or repeated breaches.

12.4 Law enforcement. As a telecommunications provider we must give authorities reasonable help when the law requires it, for example under section 313 of the Telecommunications Act 1997. We only disclose information as the law allows.

13. Your rights under the Australian Consumer Law

13.1 Rights we can't exclude. Nothing in the Agreement excludes, restricts or changes any right or remedy, guarantee, warranty or other term that the Australian Consumer Law or another law gives you and that can't lawfully be excluded or limited. Where these terms say "to the extent the law allows", this clause is what they mean.

13.2 Who is a consumer. In general, you're a consumer under the Australian Consumer Law if the goods or services cost $100,000 or less, or are of a kind ordinarily acquired for personal, domestic or household use. That includes many business purchases.

13.3 Limit for business-type goods and services. If goods or services we supply aren't of a kind ordinarily acquired for personal, domestic or household use, then to the extent the law allows, our liability for failing to meet a consumer guarantee (other than the guarantees about title, undisturbed possession and undisclosed securities) is limited to:

1. for goods: replacing or repairing them, supplying equivalent goods, or paying the cost of doing so; and
2. for services: supplying them again, or paying the cost of having them supplied again.

We won't rely on this limit where it wouldn't be fair or reasonable to do so.

13.4 Warranties we give. Sometimes we give our own warranty, for example the defect-fix period after a website goes live (clause S8.9), a workmanship warranty on an installation, or a warranty on a computer we build. These warranties are in addition to your other rights and remedies under the law, including the consumer guarantees. The length of each warranty is in the relevant Schedule or on your quote or invoice.

13.5 How to claim under a warranty we give. Contact New Tech Digital Pty Ltd t/a In2Digital Communications, 2/30-32 Christensen St, Cheltenham VIC 3192, phone 03 9114 2268, email [email protected], within the warranty period. Describe the problem, include your invoice number, and give us reasonable access to the goods, website or system. If the claim is valid we'll repair, replace or fix the problem as the warranty says, and we pay our own costs of assessing and fixing it, including reasonable costs of returning goods to us that we've agreed to collect or that you send by a method we've agreed.

14. Liability

14.1 What isn't limited. Nothing in the Agreement limits either party's liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for anything that can't be limited by law. Your rights in clause 13 always apply.

14.2 Indirect loss. Subject to clauses 13 and 14.1, neither party is liable to the other for indirect or consequential loss, including loss of profit, revenue, business opportunity, goodwill or anticipated savings, however it's caused.

14.3 Data. We're responsible for loss or corruption of Your Data only to the extent it's caused by our negligence or by our failure to provide backup or data services we've agreed to provide. Where Your Data is lost, our first job is to restore it from the most recent available backup.

14.4 Overall limit. Subject to clauses 13 and 14.1, each party's total liability to the other arising out of or in connection with the Agreement in any 12-month period is limited to the greater of:

1. the Charges paid or payable for the affected Services in the 12 months before the event that gave rise to the claim; and
2. the total Charges for the Project or goods the claim relates to.

This limit doesn't apply to your obligation to pay Charges for Services provided.

14.5 Shared responsibility. Each party's liability is reduced to the extent the other party, its people or its other suppliers caused or contributed to the loss. Each party must take reasonable steps to reduce its loss.

15. Indemnities

15.1 From you. You indemnify us against claims by third parties, and reasonable costs we incur in dealing with them, to the extent they arise from:

1. content, materials or data you give us to use that infringe someone's rights;
2. a breach of clause 12 by you or your users; or
3. your unlawful use of call recording or AI services we provide.

15.2 From us. We indemnify you against claims by third parties, and reasonable costs you incur in dealing with them, to the extent they allege that Deliverables we created for you infringe someone's intellectual property rights. This doesn't cover your content, third-party materials (including AI models and platforms), material an AI tool generated from content or prompts you supplied, or changes made by anyone other than us.

15.3 How indemnities work. The party claiming under an indemnity must tell the other promptly, let it manage the defence (at its cost) and cooperate reasonably. An indemnity is reduced to the extent the claiming party caused or contributed to the claim.

16. Privacy and your data

16.1 Privacy Policy. Our Privacy Policy explains how we handle personal information about you, your staff and your contacts, including which Suppliers we use and where they store information.

16.2 Your Data stays yours. You decide what Your Data is collected and how it's used. We handle Your Data only to provide, support and secure the Services, on your instructions, and as the law requires or allows. We don't sell Your Data or use it for our own marketing.

16.3 Our access. Our services often give us administrator access to systems that hold Your Data, such as Microsoft 365 or Google Workspace admin roles, remote management tools, hosting servers, our phone platform and backups. We access Your Data only when we need to for the Services, or when you ask us to.

16.4 Who else handles it. Our subcontractors (clause 19) and the Suppliers that host or process Your Data as part of a service may handle it. Our Privacy Policy lists the Suppliers that store or process personal information and where. If we add a Supplier that will store Your Data outside Australia for a service you already have, or a change that materially reduces how Your Data is protected, we'll tell you at least 14 days beforehand. If you object and we can't reasonably accommodate the objection, you can cancel the affected service without an early termination charge.

16.5 Where it's kept. Our own business system, client Portal and phone platform are hosted in Melbourne, and so are most of the websites we host. Some Supplier products and services may store or process Your Data outside Australia, including Microsoft 365, Google services (such as the storage for our Microsoft 365 backup service), our accounting and card payment providers, and the AI services in Schedule S10. Our Privacy Policy lists the overseas recipients and their countries.

16.6 Security. We use reasonable technical and organisational measures to protect Your Data. These include access controls such as strong passwords and multi-factor authentication, and keeping our systems up to date. Subcontractors only get the access a job needs and must keep information confidential (clause 19). No system is completely secure.

16.7 Data breaches. If we become aware of a suspected data breach affecting Your Data in systems we manage, we'll tell you as soon as practicable. We'll give you the information we have, help you contain and assess it, and keep records. Unless we agree otherwise in writing, you decide whether it's an eligible data breach under the Privacy Act 1988 and you make any notifications for Your Data. Where we also hold the data and must notify, we'll coordinate with you so that one notification covers both of us where the law allows.

16.8 Your notices and consents. You're responsible for having a lawful basis, and giving any notices the law requires, for the personal information you ask us to process. That includes information collected through your website, call recording and AI agents.

16.9 Telecommunications information. Information about your telco services and communications is protected by Part 13 of the Telecommunications Act 1997. We only use or disclose it as that law allows, and we keep the records it requires. Australia's data retention law (Part 5-1A of the Telecommunications (Interception and Access) Act 1979) requires some subscriber and communications information to be kept, generally for at least 2 years. Where the law requires it for our services, we or our suppliers keep those records, and the Privacy Act 1988 applies to them.

17. Confidentiality

17.1 Each party must keep the other's confidential information confidential and use it only for the Agreement. Confidential information includes Your Data, passwords, business plans, pricing and system details.

17.2 This doesn't apply to information that is public (other than through a breach), that the receiving party already had or developed independently, or that must be disclosed by law, by a regulator or to the TIO. A party can share confidential information with its staff, subcontractors and advisers who need to know it and are bound to keep it confidential.

17.3 This clause continues after the Agreement ends.

18. Intellectual property

18.1 What each party already owns. Each party keeps the intellectual property it owned before the Agreement or creates outside it.

18.2 Your materials. You give us a licence to use your content, logos, data and other materials as needed to provide the Services. You confirm you have the rights to give us that licence.

18.3 Deliverables. Unless your Order says otherwise, once you've paid in full for a Project, we assign to you the copyright and other intellectual property that we own in the Deliverables we created specifically for you, to the extent those rights exist. (Some material, such as content generated entirely by AI, may not be protected by copyright.) Clause 18.6 covers any part we don't own. Until you've paid in full, we keep our rights in the Deliverables and you may use them to review and test the work.

18.4 Our materials. We keep ownership of our pre-existing materials, general know-how, templates, code libraries, scripts and workflows that we use across clients. Where they're part of your Deliverables, we give you a permanent, non-exclusive, royalty-free licence to use, copy and modify them as part of the Deliverables, and to let another provider maintain them for you. This licence can't be revoked once you've paid for the Deliverables.

18.5 Third-party materials. Themes, plugins, fonts, stock images, apps, platforms and AI models are licensed by their owners on their own terms, which you must follow. Some have ongoing fees.

18.6 Parts we don't own. If we don't own the intellectual property in part of a Deliverable we created for you (for example, work by a subcontractor that hasn't been assigned to us), then once you've paid in full we give you a permanent, non-exclusive, royalty-free licence to use, copy and change that part as part of the Deliverables, to the extent we're able to grant it. Clause 18.5 covers third-party materials.

18.7 Showing our work. We'll only name you or show your website or project in our portfolio, case studies or marketing with your consent, and you can withdraw that consent at any time for future use.

19. Subcontractors

19.1 We're a small Melbourne business, and we sometimes work with trusted subcontractors, such as developers. We stay responsible for their work under the Agreement.

19.2 Subcontractors only get the access a job needs. They must keep your information confidential, protect personal information, follow the telecommunications privacy rules where they apply, and hold the licences and registrations their work requires.

20. Events outside our control

20.1 Neither party is liable for delay or failure caused by events beyond its reasonable control. Examples include natural disasters, fire, flood, extreme weather, pandemics, war, terrorism, widespread power failures, failures of the NBN or other carriers' networks, outages of Supplier platforms, large-scale cyber attacks on third-party infrastructure and government action.

20.2 The affected party must tell the other promptly and take reasonable steps to reduce the impact. Its affected obligations are suspended while the event continues.

20.3 If the event stops a service for more than 30 days in a row, either party can cancel that service by notice, and we'll refund Charges you've paid for the period the service wasn't provided.

20.4 This clause doesn't affect the consumer guarantees, or your obligation to pay for Services we've provided.

21. Complaints

21.1 Tell us first. If you're unhappy with anything we've done, please tell us so we can fix it. You can call 03 9114 2268, email [email protected], raise a request in the Portal, or write to 2/30-32 Christensen St, Cheltenham VIC 3192. Our Complaints Handling Policy explains how we acknowledge, investigate and resolve complaints and how long each step takes. For telco services it follows the Telecommunications (Consumer Complaints Handling) Industry Standard 2018, including how to report and complain about network outages.

21.2 Help to contact us. If you're deaf, or have a hearing or speech impairment, you can contact us through the National Relay Service. If you need an interpreter, call TIS National on 131 450 and ask them to call us.

21.3 If you're not satisfied. You can go to an independent body at any time, including:

• for phone and internet complaints: the Telecommunications Industry Ombudsman (TIO), a free and independent dispute resolution service. Call 1800 062 058 or visit tio.com.au;
• for privacy complaints: the Office of the Australian Information Commissioner (oaic.gov.au);
• for consumer law matters: Consumer Affairs Victoria (consumer.vic.gov.au) or the ACCC (accc.gov.au); and
• for small business disputes: the Victorian Small Business Commission (vsbc.vic.gov.au).

22. Disputes

22.1 Notice. A party with a dispute about the Agreement must give the other written notice with the details.

22.2 Talk. People with authority to settle the dispute (for us, our director) must try in good faith to resolve it within 10 business days after the notice.

22.3 Mediation. If it isn't resolved in that time, either party may refer it to mediation through the Victorian Small Business Commission (if the dispute is eligible) or with a mediator the parties agree. Each party pays its own costs, and the mediator's fees are shared equally.

22.4 Your other options. This clause doesn't stop you contacting the TIO, the OAIC, the ACCC, Consumer Affairs Victoria or any other regulator or ombudsman at any time. It also doesn't stop either party seeking urgent court orders. While we're handling your complaint about a telco service, for 7 working days after we tell you the outcome, and while the TIO is investigating it, we won't start legal action against you about the same matter.

22.5 Both parties keep performing the Agreement while a dispute is being resolved.

23. Notices

23.1 Notices under the Agreement must be in writing. We send notices to the primary or billing contact email in our records, or through the Portal. Send notices to us at [email protected]. Either party may also post a notice to the other's business address. Our address for notices is 2/30-32 Christensen St, Cheltenham VIC 3192.

23.2 An email notice is received when it's sent, unless the sender receives a delivery failure message. A notice received after 5pm, or on a day that isn't a business day, is treated as received on the next business day.

24. Changes to these terms

24.1 We may update these terms, for example because of new laws, new services or Supplier changes. The current version is always at in2digital.com.au/terms, with the date it was last updated.

24.2 Changes that don't disadvantage you, or that the law requires, take effect when we publish them.

24.3 If a change disadvantages you, we'll email you at least 30 days before it applies to your existing services. You can cancel an affected service before the change takes effect without an early termination charge.

24.4 For a service with a fixed term or a Supplier commitment, a change that disadvantages you won't apply until the current term ends, unless the law or the Supplier requires it sooner.

24.5 We'll give you a copy of an earlier version on request.

25. General

25.1 Governing law. The Agreement is governed by the law of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them.

25.2 Whole agreement. The Agreement is the whole agreement between us about its subject matter. This doesn't limit your rights under the Australian Consumer Law, including about anything we told you before you signed.

25.3 Transfer. You may transfer the Agreement with our consent, which we won't unreasonably withhold. We may transfer it to a related company or a buyer of our business by notice to you, if the new provider agrees to be bound by it and the transfer doesn't materially disadvantage you. If it would, you can cancel the affected services without an early termination charge.

25.4 Other terms. If part of the Agreement is invalid or unenforceable, it's read down or severed and the rest continues. A failure or delay in exercising a right isn't a waiver of it. The parties are independent contractors. The Agreement can be accepted and signed electronically.

25.5 Information on our website. Information on our website is general information about our services, not advice for your situation. Prices on our website include GST. Your Order confirms the price you pay. If it differs from the price on our website, we'll tell you before you accept the Order. Links to other websites are there for convenience, and we aren't responsible for their content.

Part B: Service schedules

Each Schedule adds terms for one kind of service. Part A applies to everything a Schedule doesn't cover.

S1. Managed IT and support

S1.1 What's included. Your Order lists what a managed IT plan covers. That can include help desk support for named users and devices, monitoring and patching, endpoint protection, Microsoft 365 or Google Workspace administration, backup, and setting up new starters and removing leavers. Work outside your plan is charged at our hourly rates. We'll tell you before starting chargeable work, unless you've asked us to start urgent work straight away.

S1.2 Hourly support. If you don't have a managed plan, or the work is outside it, we charge the remote, on-site and after-hours rates set out in your quote, proposal or Order (our hourly rates, as defined in clause 2). Time is charged in the minimum blocks your quote shows. On-site visits may include travel time if your quote says so.

S1.3 Support hours and how to ask. Our help desk is open during business hours. Call 03 9114 2268, email [email protected] or raise a request in the Portal. After-hours work is by prior arrangement and charged at after-hours rates unless your plan includes it. We'll tell you in advance about planned closures, such as over Christmas and New Year.

S1.4 Response targets. We aim to respond within these times during business hours:

These are targets, not guarantees, and they're about when we start, not when the problem is fixed. Fix times depend on the problem and sometimes on Suppliers. If we can't meet a target, we'll tell you. Monitoring tools run automatically, but we review alerts during business hours unless your plan includes after-hours cover.

S1.5 Remote access and monitoring. You authorise us to install and use remote management and monitoring tools (such as Action1) and endpoint protection (such as Sophos) on the devices covered by your plan, and to hold the administrator roles we need, such as Microsoft delegated administrator (GDAP) roles. We use the least access needed and log administrator activity where our tools allow. We'll only connect to a computer someone is using with that person's agreement, except to respond urgently to a security threat. You can ask what access we hold, and ask us to remove it, at any time. Removing it may stop parts of the service working.

S1.6 Security. Security tools and services reduce risk but can't remove it. You stay responsible for how your staff use your systems. If you choose not to adopt a security measure we recommend in writing, such as multi-factor authentication, clause 11.9 applies.

S1.7 Backup. Your Order sets out what we back up, how often and for how long. We check backup jobs and test restores as your Order describes. Data outside that scope, such as files saved only on a local computer or in another app, isn't backed up unless we agree in writing. Microsoft 365 and Google Workspace's own retention features are not a full backup. A backup reduces the risk of losing data, but we can't guarantee every item can be recovered.

S1.8 Security incidents and ransomware. If you have a security incident, we'll help contain it and recover. Incident work is charged at our hourly rates unless your plan includes it. We won't contact, negotiate with or pay attackers without your written instruction. If your business's annual turnover is more than $3 million, the Cyber Security Act 2024 may require you to report a ransomware or cyber extortion payment, including one made for you, to the Australian Signals Directorate within 72 hours. Reporting is your responsibility, and we'll give you the information we have.

S1.9 Old systems. We support the devices and software listed in your Order. Systems the maker no longer supports get best-efforts support only, and we'll recommend replacing them.

S1.10 Ending managed services. Clause 8.8 applies. We'll give you your documentation and administrator credentials, remove our tools and access, and cooperate reasonably with your new provider.

S2. Microsoft 365, Google Workspace and software subscriptions

S2.1 How we supply licences. We're a reseller. We supply Microsoft licences through Microsoft's Cloud Solution Provider program via our distributors, Google Workspace as a Google reseller, and other software subscriptions (such as Sophos endpoint protection and backup) through their makers or distributors.

S2.2 Microsoft Customer Agreement. Before we can order Microsoft products for you, you must accept the Microsoft Customer Agreement. We'll send you a link to accept it, and the person who accepts must be authorised to do so for your business. Microsoft may ask you to accept it again from time to time. Until it's accepted, we may not be able to make changes to your licences.

S2.3 Google Workspace terms. Google Workspace is provided under Google's Google Workspace via Reseller Agreement, which for Australian customers is with Google Australia Pty Ltd. Under that agreement, your payment, term and renewal arrangements are with us.

S2.4 Microsoft licence terms. Microsoft licences we supply come with a monthly or annual term:

• Monthly term: you can reduce or cancel licences from the end of any month, by telling us before the renewal date.
• Annual term: you commit to the number of licences for the whole term. For some licences this costs less than paying monthly. You can pay monthly or upfront, as your Order says.
• The 7-day window: Microsoft lets us cancel or reduce licences within 7 days after a purchase or renewal, with a pro-rata refund, which we pass on to you. After that, licences on an annual term can't be reduced or cancelled until the term ends. Microsoft bills us for the whole term even if you stop using the licences, stop paying us or move to another provider, so you must pay for the whole term (clause 8.5).
• Adding licences: you can add licences at any time. They end on the same date as the term they're added to, and are charged pro rata.
• Renewal: terms renew for the same length and number of licences unless you tell us before the renewal date that you want to reduce them or change the term. If you tell us within 7 days after a renewal, we can still make the change and pass on Microsoft's pro-rata refund.
• Prices: Microsoft sets its prices. Prices for an annual term are fixed for that term. Monthly prices can change from month to month. Clause 4.3 applies to increases.

S2.5 Google Workspace plans. On a Flexible plan you can add or remove licences at any time and pay monthly for what you use. On an Annual plan you commit to a number of licences for 12 months. You can add licences during the year but can't reduce them until renewal, and clause 8.5 applies if you cancel early.

S2.6 Other subscriptions. Sophos endpoint protection is billed yearly in advance, per user. Our Microsoft 365 backup service is billed monthly, per user. Other software subscriptions are billed per user or device, for the billing period your Order sets. Added users or devices are charged pro rata to the end of the billing period, and reductions apply from the next renewal.

S2.7 Changing licence numbers. Authorised contacts can change Microsoft 365 licence numbers in the Portal, or ask us to change any licence numbers. Make sure everyone who needs a licence has one.

S2.8 Your tenancy and data. Your Microsoft 365 or Google Workspace tenancy, and the data in it, belong to you. You'll always keep your own administrator account, and we won't lock you out. When a subscription ends, the Supplier keeps the data for a limited time and then deletes it. We'll warn you before that happens so you can keep a copy.

S2.9 Migrations. We plan moves of email and files with you. Some items, such as certain permissions or third-party add-ins, may not move across. Your proposal will set out any known limits.

S3. Phone and internet services: rules that apply to both

S3.1 Scope. This Schedule applies to our telco services, together with Schedule S4 (cloud phones) or S5 (business NBN).

S3.2 Consumer protections. The Telecommunications Consumer Protections Code (or any ACMA standard that replaces it) and related standards protect residential customers. They also protect businesses and not-for-profits that spend, or that we reasonably estimate will spend, $40,000 a year or less with us on telco services, and that can't negotiate the terms of their contract with us. If you're one of them, those protections apply to you. Some standards, such as the Customer Service Guarantee (clause S4.14), use their own tests.

S3.3 Critical Information Summaries. Before you buy a phone or NBN plan, we give you its Critical Information Summary. It covers what the plan includes, the minimum and maximum monthly charges, any minimum term and early termination charge, and how to complain. The Critical Information Summaries for our phone plans are at in2digital.com.au/critical-information-summaries. For NBN plans, we give you the Key Facts Sheet and the Critical Information Summary for your plan before you sign up.

S3.4 Networks we rely on. Our telco services use NBN Co's network and our wholesale carriers. Their networks affect our services. We manage faults with them for you.

S3.5 Outages and maintenance. We tell you about planned maintenance in advance where we can. During a major outage, or a significant local outage affecting your service, we'll keep you updated by email and through the Portal. To report an outage or make a complaint about one, call us or see our Complaints Handling Policy.

S3.6 Payment difficulties. Clauses 7.3 and 7.4 explain what we do before restricting, suspending or disconnecting a telco service, and how to get help under our Payment Assistance Policy.

S3.7 Domestic, family and sexual violence. If you, or someone who uses your service, is affected by domestic, family or sexual violence, please tell us in whatever way is safest for you. We won't ask you for proof. We'll keep what you tell us confidential, put your safety first, avoid making you repeat your story, and help with changes such as new numbers, account security or who can access the account. If you tell us you're worried about your safety, we won't restrict, suspend or disconnect your service for at least 30 days unless you ask us to, and if it has already been restricted, suspended or disconnected, we'll restore it urgently or, if that isn't practical, offer you an equivalent service. Domestic, family and sexual violence can be a reason you can't pay, and you may be able to get help under our Payment Assistance Policy. We don't list individual calls on our bills, so calls to support services won't appear on them. Our domestic and family violence support page sets out our statement, the safe ways to contact us, what we can do and where to get support, including 1800RESPECT on 1800 737 732.

S3.8 Privacy of telco information. Clause 16.9 applies. We only disclose information about your telco services as Part 13 of the Telecommunications Act 1997 allows, for example with your consent, to emergency services or to agencies with lawful authority, and we keep records of those disclosures.

S3.9 Complaints. Clause 21 applies. You can contact the TIO at any time.

S4. Cloud phone systems (VoIP)

S4.1 What's included. Your cloud phone system runs on our hosted phone platform. Your Order sets out your plan, extensions, numbers and features (such as voicemail, phone menus, ring groups, business hours, the apps and an AI receptionist), and any desk phones you're buying.

S4.2 Cloud Voice plans. We offer these plans:

• Basic, Flexible and Ultimate: unlimited standard local, national, mobile and 13/1300 calls within Australia, subject to clause S4.3. Calls to 1800 numbers are free. The plans differ in how many calls can be in progress at once: Basic includes 1, Flexible 2 and Ultimate 5. We don't charge for call usage on these plans.
• BYO SIP Trunk: you use your own SIP trunk provider, and we host and manage your phone system. Your provider carries your calls, including calls to 000, and bills you for them. Its terms, charges and call quality are its responsibility.

Phone numbers we supply are included at no extra charge. Every plan includes extensions, voicemail to email, business hours, phone menus, ring groups, desk phone setup and the mobile and desktop apps.

On Basic, Flexible and Ultimate, international calls aren't available unless you arrange them with us first, and we'll tell you the rates before we switch them on. Premium (19xx) numbers, satellite phones, 106 and other special numbers can't be called from our phone systems. Because call usage isn't charged, your plan's monthly price is both the minimum and the maximum you pay for the plan each month, unless you've arranged international calls. Desk phones you buy are quoted first and charged once.

Cloud Voice plans are month to month, with no minimum term and no early termination charge. You can cancel at any time, and the service ends at the end of the current monthly billing period (clause 8.3). We don't list individual calls on your bills. If you'd like your call records, ask us or raise a request in the Portal.

S4.3 Fair use of unlimited plans. Unlimited plans are for normal business calling by the users and extensions in your Order. They don't cover call centres or telemarketing, auto-diallers, reselling, wholesale traffic, permanent connections (such as baby monitors or always-open lines), or diverting calls to get around call charges. If your use is well beyond normal business use, we'll talk to you first. We may then move you to a more suitable plan with 30 days' notice, and you can cancel instead.

S4.4 Phone numbers. You have the right to use the numbers we issue to you. You don't own them, and we may need to change one if the law or the ACMA requires it. A geographic number (such as an 03 number) belongs to an area. If you use it outside that area, we'll tell you in writing beforehand and ask you to acknowledge that another provider may not be able to port it.

S4.5 Porting numbers to us. To move a number to us, you sign a porting authority and give us correct details for your current account. Your current provider may charge you for ending its service early. We'll schedule the changeover with you, and there may be a short interruption. We'll chase delays, but we can't control your current provider.

S4.6 Identity checks. We confirm the request with an authorised contact before porting a number away or making other high-risk changes (clause 11.2).

S4.7 Moving numbers away. You can port your numbers to another provider at any time. We won't refuse or delay a valid port request because your account is overdue. Any amount you owe stays payable. Porting a number ends its service with us; your other services continue. If you cancel a number without porting it, it may be quarantined and you may lose it.

S4.8 Integrated Public Number Database (IPND). The law requires your name, service address and number details to be given to the IPND, which emergency services, law enforcement agencies and directory publishers use. Ask us if you want an unlisted number.

S4.9 Caller ID. You may only show a caller ID that you hold or have the right to use. We may block calls that show a number you aren't authorised to use. You can hide your caller ID on outgoing calls, but not on calls to 000.

S4.10 Security and toll fraud. Keep your phones, apps and voicemail PINs secure, and tell us straight away if you suspect misuse. Our platform sits behind a firewall, and we take reasonable steps to detect and stop unusual calling. We may suspend outgoing calls (other than to 000) to stop suspected fraud, and we'll tell you as soon as we can. Calls made using your credentials are payable by you, unless they resulted from our failure to take reasonable security precautions on our platform. Either way, we'll work with you and our Suppliers to limit the cost.

S4.11 Call recording and AI receptionists. If you record calls, or use an AI receptionist or voice agent, you're responsible for telling callers. We recommend your greeting says that calls are recorded and that the caller is speaking with an AI assistant. You must also comply with privacy and surveillance laws. Recordings on our phone platform, including every AI receptionist call, stay there until they're deleted. We haven't set an automatic deletion period yet, so tell us if you want recordings deleted. Schedule S10 also applies to AI receptionists (clause S10.8).

S4.12 SMS. Our Cloud Voice plans don't include SMS. If you send SMS through another service, clause 12.1 applies. Alphanumeric sender IDs (a name instead of a number) must be registered where the law requires, for example on the ACMA's SMS Sender ID Register, or messages may be blocked or marked as unverified.

S4.13 Equipment. Desk phones you buy are yours once paid for, and Schedule S9 applies to them. If we rent or lend you equipment, it stays ours (clause S9.9 applies), and you must return it in good condition, apart from fair wear and tear, when the service ends.

S4.14 Customer Service Guarantee. The Telecommunications (Customer Service Guarantee) Standard 2023 sets timeframes for connecting some phone services and repairing their faults, and compensation if they're missed. If the Customer Service Guarantee Standard applies to your service, you have the rights it gives you.

S5. Business NBN

S5.1 Availability. We check what's available at your address before ordering. If NBN Co or our wholesaler can't connect your service, we'll cancel the order and refund what you've paid for it.

S5.2 Connection. NBN Co may need to send a technician, and it sets the appointment times. Please make sure someone can give access. If an appointment is missed because no one was there to give access, we pass on any fee NBN Co charges us. Connection and other one-off charges are in your Order and Critical Information Summary.

S5.3 Speeds. Each plan has a speed tier, which is the maximum speed the connection is set to. Actual speeds are often lower. They depend on the NBN technology at your address, your equipment and Wi-Fi, how many people are online, network congestion and the sites you use. Before you sign up, we give you the Key Facts Sheet and Critical Information Summary for your plan, which explain its speed and what can affect it. For fibre to the node, building or curb connections (FTTN, FTTB and FTTC), we check your line's maximum attainable speed within 20 business days after connection and tell you the result. If your line can't reach your plan's speed tier, you can move to a plan that suits your line, or cancel, without any charge for doing so. If you notice slow speeds at any time, tell us and we'll investigate.

S5.4 Power and alarms. NBN equipment needs mains power. In most cases your NBN service, and any phone using it, won't work in a power failure. When you ask us about an NBN service, we'll ask whether you have a medical alarm, monitored security or fire alarm, lift emergency phone or other device that relies on your line. If you do, check with the device's provider that it will work with an NBN service, and what your options are if it won't. If you have a medical alarm, we recommend registering it on NBN Co's Medical Alarm Register.

S5.5 Equipment. We supply or configure a router as your Order says. If we manage your router or firewall, please tell us before changing its settings.

S5.6 Faults. Report faults to us. We'll do basic checks and then raise the fault with our wholesaler. If NBN Co sends a technician and finds no fault in its network, or finds the fault is in your equipment or internal wiring, it charges a callout fee. We pass this on at cost, and we'll tell you before booking if we think that might happen.

S5.7 Unlimited data. Unlimited data plans have no data cap. They're for normal business use at the service address and can't be resold or shared with other premises. If a service's use is excessive or unreasonable, our Supplier may slow it down.

S5.8 Extras. Static IP addresses, and Data Connectivity Services (separate connections for equipment such as building systems and comms rooms), are supplied as your Order says.

S5.9 Moving premises. We can move your service to a new address if NBN is available there. Relocation charges are in your Order or our quote.

S5.10 Term. Any minimum term and early termination charge are shown in your Order and Critical Information Summary.

S5.11 Backup connections. We can set up a backup connection, for example a 4G or 5G mobile service, priced separately, so your router switches over if your NBN service drops. Mobile coverage and speeds vary with your location and how busy the network is. If the mobile service comes from another provider, its terms and charges apply. A backup connection can't prevent every outage.

S6. Domain names

S6.1 We act for you. We register, renew and manage domain names for you as your agent, through accredited registrars.

S6.2 The domain is yours. When we register a domain name for you, we register it in your name (your business's name, or yours if you're an individual), with you as the registrant. We don't register .au names in our own name or use proxy or privacy registrations for them. If your registrant details are wrong, tell us and we'll help fix them.

S6.3 .au domain names. .au names are licensed under auDA's .au Domain Administration Rules: Licensing. You must give accurate information, meet the eligibility rules (including having an Australian presence, such as an ABN or ACN) for the whole licence period, and tell us if your details change. auDA can cancel a licence that breaks its rules.

S6.4 Other domain names. Names such as .com and .net are governed by ICANN's rules and the registry's rules. You must keep your registrant details accurate and respond to any verification email from the registrar, or the domain may be suspended. ICANN's Registrants' Benefits and Responsibilities explains your rights. Registrant details go to the registrar and registry, some of which are overseas (see our Privacy Policy).

S6.5 Registration periods and renewals. Domain names are registered for the period you choose and billed in advance for the whole period. They renew automatically and we send a renewal invoice before expiry. .au names can only be renewed in the 90 days before they expire, and auDA can check at renewal that the registrant's ABN or ACN is still active and matches the registrant. If your business details have changed (for example you have a new ABN), tell us well before renewal, because the name may need to be transferred to the new registrant first. If a renewal isn't paid by the expiry date, the domain may lapse and enter the registry's expiry process. Restoring it can cost extra, and it can be lost to someone else.

S6.6 Moving a domain away. On request, we'll give the domain's authorisation code to the registrant contact, or to someone with the registrant's written authority, free of charge. We won't hold back the code because of an unpaid invoice; the amount stays payable. Registry rules may stop some transfers, for example soon after a registration or previous transfer.

S6.7 Disputes about names. You're responsible for making sure your domain name doesn't infringe anyone's rights. Disputes go through auDA's dispute policy for .au names or ICANN's for other names. We must follow registry and registrar instructions and court orders.

S6.8 DNS. If we manage your DNS, we make changes when an authorised contact asks.

S7. Hosting and website maintenance

S7.1 Hosting plans. Each hosting plan (Starter, Standard, Plus, Business or Premium) includes the resources set out in your Order. Most sites we host are on our servers in Melbourne. Ask us if you'd like to know where your site is hosted. Shared resources are subject to clause 12.1.

S7.2 Availability. We work to keep your site online, but we can't guarantee uninterrupted service. We do planned maintenance outside business hours where practical and tell you in advance if your site will be affected.

S7.3 Backups. Hosting doesn't include backups of your individual site unless your Order says so. Any backups of our hosting servers are whole-server backups made by our hosting provider, for disaster recovery after a major failure. We don't promise how often those backups run or how long they're kept, so keep your own copy of your site and its content (clause 11.7). Restores needed because of a failure on our side are free. Restores you ask for for other reasons may be charged at our hourly rates.

S7.4 Security. We keep the hosting platform patched and maintain SSL certificates for sites we host. Unless you have a maintenance plan, you're responsible for keeping your website's software, themes and plugins up to date. Keep your website passwords secure.

S7.5 Email from your website. Don't send bulk or marketing email from hosting. Use a proper email marketing service.

S7.6 Harmful material. Clause 12 applies. We follow Australia's online safety codes for hosting services, which means we remove or disable access to illegal material and may suspend a site that hosts it. Anyone can report material using clause 12.2.

S7.7 Maintenance plans. A monthly maintenance plan includes the work your Order lists, such as software, theme and plugin updates and security and performance checks. It doesn't include new features, design changes, content updates beyond any allowance in your plan, fixing problems caused by changes made by you or others, or premium plugin and theme licence fees. If an update we make breaks something, we'll fix it or explain your options.

S7.8 Moving your site away. On request, we'll give you a copy of your website files and database within 5 business days. We'll always give you Your Data, including your site's database (such as orders and customer records), and the Deliverables you've paid for. If an invoice for designing or building the site is overdue, the only thing we may hold back is the Deliverables that invoice covers, until it's paid (clause 18.3). Help with migrating is charged at our hourly rates.

S7.9 When hosting ends. We take the site offline when the service ends, and clause 8.8 applies to deleting your data.

S8. Websites, online stores and web applications

S8.1 The proposal. Your proposal sets out the scope, Deliverables, platform (such as WordPress, Shopify, a custom build or a custom web application), timeline, number of design revision rounds, price and anything excluded. Anything not in the proposal is a change (clause S8.6).

S8.2 Payment. Unless your proposal sets a different payment schedule, a 50% deposit is invoiced when you accept the proposal, and we start once it's paid. The balance is invoiced at go-live. Larger projects may be split into milestones, as the proposal says.

S8.3 Your content and input. You'll provide the text, images, logos, product information and account access we need by the dates we agree, name one person who can make decisions, and give feedback within 5 business days of each review request.

S8.4 Your content. You confirm you have the rights to everything you give us to use. Clause 15.1 applies. We can source licensed stock images for you, and their licences apply.

S8.5 Delays. The timeline depends on getting content and feedback on time. If we're waiting on you for more than 10 business days, we may need to reschedule your project around others. If a project is on hold for more than 60 days because we're waiting on you, we may invoice for work done to date that the deposit doesn't cover. Restarting it may need a new timeline and, if the scope or platform has changed, a revised quote.

S8.6 Change requests. Ask for changes in writing. We'll tell you the cost and the effect on the timeline before doing the work, and approved changes become part of your Order. Extra revision rounds beyond the proposal are charged as changes.

S8.7 Testing. We test on current versions of the major browsers (Chrome, Safari, Edge and Firefox) and on phone, tablet and desktop screen sizes.

S8.8 Review and acceptance. When the site is ready, we send you a review link. You then have 10 business days to test it and send us a list of defects, meaning anything that doesn't work as the proposal describes. We fix them, and the site goes live when you approve it. If you don't respond within 10 business days after we remind you, we can treat the site as approved. Approval doesn't affect clause S8.9 or your consumer guarantee rights.

S8.9 Defect fixes after go-live. For 30 days after go-live, unless your proposal states a longer period, we fix defects in our work at no charge. This is a warranty we give (clause 13.4 and the mandatory text in clause 13 apply). It doesn't cover changes made by you or others, updates to third-party plugins, themes, apps or browsers released after go-live, hosting we don't provide, or new requests. To claim, follow clause 13.5.

S8.10 Third-party platforms. Platforms, themes, plugins, apps, fonts and payment gateways are licensed on their owners' terms (clause 18.5). Their ongoing costs, such as a Shopify plan or app subscriptions, are yours. Where possible we register premium licences and platform accounts (such as your Shopify store, Google Analytics and Google Search Console) in your name, or transfer them to you on request.

S8.11 Hosting, domains and maintenance. These are separate recurring services under Schedules S6 and S7.

S8.12 Ownership. Clause 18 applies. Once the project is paid in full, you own the Deliverables we created for you, or have a permanent licence to them under clause 18.6, and we'll give you all files, the database and administrator credentials.

S8.13 Search and AI results. We build websites using good search engine practice, such as clear page structure, metadata, structured data, speed and mobile-friendliness, and we can do ongoing SEO and AI search (AEO) work. Search engines and AI assistants decide rankings and which sites they show or cite, so we can't guarantee any ranking, amount of traffic or number of leads, or that an AI assistant will mention your business. If we give you a forecast, we'll tell you what it's based on. It's an estimate, not a promise of results.

S8.14 Accessibility. Unless your proposal says otherwise, we aim for the templates and features we build to meet WCAG 2.2 Level AA. Content you add later, such as images, PDFs and videos, needs to be accessible too (for example with alt text and captions), and that's your responsibility. We can audit your site if you'd like.

S8.15 Privacy, tracking and forms on your site. You're responsible for your website's privacy policy, collection notices, cookie and tracking disclosures and any consents. We can set these up as an add-on, but templates we provide aren't legal advice. We won't install advertising pixels or conversion tracking (such as the Meta Pixel or Google Ads tags) on pages that reveal health or other sensitive information about visitors, such as appointment or enquiry forms for health services, unless you instruct us in writing and confirm you have the consents the law requires.

S8.16 Online stores. For e-commerce sites you're the seller. Payment gateway and merchant accounts are in your name, card details are handled by the payment provider, and your store's consumer law, tax and shipping obligations are yours.

S8.17 Cancelling a project. You can cancel a project at any time by written notice.

• If you cancel before we start work, we refund the deposit less any third-party costs we've already paid for your project that can't be refunded, such as theme or plugin licences, stock images or domain names.
• If you cancel after we've started, we keep the part of the deposit that covers the work done up to cancellation (at the hourly rate in your proposal or, if it doesn't state one, the hourly rate we last confirmed to you in writing) and third-party costs, and refund the rest. If the work done is worth more than the deposit, we'll invoice the difference.
• Either way, we'll give you the work completed and paid for.

S8.18 Your site's content and claims. You're responsible for the accuracy and legality of your site's content and claims, including any advertising rules for your industry (for example rules for health practitioners, or claims about qualifications and accreditations). We don't review content for legal compliance unless your proposal includes it.

S8.19 AI-assisted work. We may use AI tools to help with design, copy and code. A person on our team directs and checks the work. Because content generated entirely by AI may not be protected by copyright, clause 18.3 assigns rights to the extent they exist, and clause 15.2 doesn't cover material an AI tool generated from content or prompts you supplied.

S8.20 Ongoing SEO and AI search work. Ongoing search engine optimisation (SEO) and AI search optimisation (AEO) are recurring services. Your Order sets out the work included each month and how we report on it. You can cancel them under clause 8, and clause S8.13 applies to results.

S9. Hardware and installation

S9.1 Prices and orders. Clause 3.1 applies to hardware prices. Stock and delivery times are estimates from our Suppliers, and we'll keep you updated.

S9.2 Ownership and risk. Goods become yours once you've paid for them in full. Until then they stay ours, and clause S9.9 applies. You're responsible for loss or damage from when they're delivered to you or installed.

S9.3 Warranties and returns. We pass on manufacturers' warranties, and we'll manage warranty and consumer guarantee claims for goods we supplied. We don't charge for this where goods have failed to meet a consumer guarantee. If there's a major failure, you can choose a refund or a replacement. For other failures, we'll repair or replace the goods within a reasonable time (clause 13). We don't accept change-of-mind returns unless we agree in writing. If we do agree, the goods must be unused and in their original packaging, and any restocking fee our Supplier charges applies. Items ordered specially for you can't be cancelled once we've ordered them, except on payment of any cancellation fee our Supplier charges us.

S9.4 Computers we build. Components carry their makers' warranties. Any warranty we give on our build is stated on your quote or invoice.

S9.5 Installation. You'll give us safe access to the site and get any building, landlord or owners corporation approvals the work needs. We take reasonable care around hidden services such as pipes and cables. If we find material we suspect contains asbestos, we'll stop work in that area and won't disturb it. We make good our own holes and penetrations to a reasonable standard, but painting and plastering aren't included unless quoted.

S9.6 Licensed work. Work that needs a licence or registration is done by, or under the supervision of, someone who holds it.

S9.7 Workmanship. Any workmanship warranty we give on an installation is stated on your quote or invoice, and clause 13 applies.

S9.8 Devices we set up.

• Passwords and updates. We change default passwords and give you the administrator credentials. Keeping firmware up to date is your responsibility unless you have a maintenance arrangement with us.
• Apps and cloud services. Manufacturers' apps and cloud services are provided by them on their terms, and may store data overseas.
• Smart devices. Where the Cyber Security Act 2024 requires it, smart devices we supply (such as routers, Wi-Fi access points and IP phones) come with the manufacturer's statement of compliance.

S9.9 Personal Property Securities Act. While goods aren't yet paid for in full, and for any equipment we rent or lend you, our rights in them may be a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA). You agree that we can register that interest on the Personal Property Securities Register, and you'll give us the information we reasonably need to do so. To the extent the PPSA allows, you waive your right to receive a verification statement, and the provisions of the PPSA that section 115 lets us exclude don't apply. We usually only register for higher-value goods and for equipment we rent to you.

S10. AI agents

S10.1 How it works. We start with a free consultation. We then build a pilot for one workflow at the fixed price and scope in your proposal. The agent goes live after you sign off, and continues as a managed service for a monthly fee. The fee covers what your Order lists, such as hosting, AI model usage up to the agreed volume, monitoring, reporting and ongoing improvements.

S10.2 After the pilot. You don't have to continue after the pilot. If you stop, you pay only for the pilot.

S10.3 Usage. If usage goes well above the volume your Order includes (for example calls, minutes, messages or documents), we'll tell you and agree a new fee with you before charging more, unless your Order sets usage charges.

S10.4 Your data and our role. You control Your Data, and we act on your instructions. Agents only access the systems and data you approve, using their own accounts with the least access needed, and we keep logs of their activity.

S10.5 AI providers. We build on third-party AI platforms. Our AI receptionist uses Deepgram for speech recognition and its voice, with a language model from OpenAI, and OpenAI also writes the call summaries. Other agents may use providers such as Microsoft (Copilot Studio and Azure OpenAI), OpenAI, Anthropic or Google. Several of these process data in the United States. We use these providers' business services, not their consumer apps. Deepgram may keep call audio and use it to improve its models, unless we turn that off. Before go-live we'll tell you in writing which providers will process Your Data, in which countries, and their data-use terms. Providers sometimes change or retire models. When that happens we'll test and update your agent, and tell you if it changes how the agent works or what it costs (clause 4.3 applies).

S10.6 Accuracy. AI can make mistakes, misunderstand people, or give inaccurate or inappropriate answers. We design guardrails, such as limits on what the agent can do, rules for handing over to a person, and human approval for high-impact actions like refunds, quotes or payments. You stay responsible for decisions made using an agent's output, and a person should review outputs that significantly affect someone (for example decisions about customers, staff, credit, pricing or health). We don't guarantee particular results, such as a percentage of enquiries handled.

S10.7 Your obligations. You're responsible for:

• telling callers and chat users that they're dealing with an AI, and whether conversations are recorded or transcribed. You choose your agent's greeting. We recommend it says the caller is speaking with an AI assistant and that the call is recorded;
• describing your use of AI in your privacy policy, including, where the Privacy Act 1988 applies to you, the automated decision disclosures required from 10 December 2026;
• making sure marketing messages and calls made by an agent comply with the Spam Act 2003, the Do Not Call Register, telemarketing calling hours and caller ID rules, and registering SMS sender IDs where required; and
• any rules specific to your industry, such as health or financial services rules.

S10.8 Recordings and transcripts. Our phone platform records every call to our AI receptionist. After each call, the receptionist emails you a summary, the transcript and a link to the recording, and a copy of that email stays in the mailbox we send it from. Treat these emails as confidential, because the link plays the recording. Recordings stay on our phone platform until they're deleted. We haven't set an automatic deletion period yet, so tell us if you want recordings deleted. For other agents, your go-live documentation says what's kept, where and for how long.

S10.9 Ownership. Your Data and the agent's outputs for you are yours. Clause 18 applies to the agent we build. Once the pilot or project is paid in full, you can have an export of your data and of any conversation logs we keep for you, and of the configuration (prompts and workflows) we built specifically for you. Our reusable components stay ours and are licensed under clause 18.4.

S10.10 Ending the service. The monthly service can be cancelled under clause 8. We switch the agent off, give you your export, and then delete Your Data under clause 8.8. Phone numbers used by a voice agent stay yours to move (clause S4.7).

S11. Partners and referrals

S11.1 Partner Agreement. Our partner and referral program is covered by a separate In2Digital Partner Agreement, which each partner signs. That agreement applies to the partner relationship. For details, email [email protected].

S11.2 If a partner referred you. The partner who introduced you may receive a commission from us on services you buy. This doesn't change your price. We work out any commission ourselves, and we only share information about your services with the partner if you agree. When we first contact you, we'll check that you were happy for the partner to pass your details to us.

S11.3 Partners can't bind us. Partners aren't our agents. They can't make promises or agree terms on our behalf.

Contact us

New Tech Digital Pty Ltd ABN 38 643 245 247, trading as In2Digital Communications
2/30-32 Christensen St, Cheltenham VIC 3192
Phone 03 9114 2268 (Monday to Friday, 9am to 5pm Melbourne time)
Email [email protected]

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