Web Hosting Terms of Trade
Please read this agreement in its entirety. All users of our service will be bound by this agreement.
1 Definitions
- “We” shall mean Jade Creative Limited and its successors and assigns.
- “You” shall mean you the Client or any person acting on behalf of and with the authority of the Client.
- “Hosting” shall mean all website hosting services supplied by us to you.
2 Our Services
- We provide a range of website hosting products and services, including; web hosting, domain registration and site management software.
- When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.
- We retain the right to refuse service to anyone at any time.
3 Payment for Hosting
- The Hosting we provide all operate on a pre-paid basis. This means you must pay for all Hosting in advance.
- All Hosting will be billed on a monthly basis. Billing will be pro-rated for the first month, thereinafter billing cycles will be set to end the last day of each month.
- Monthly payments are due one month in advance on the 20th day of each month and you will receive a single invoice which will act as a recurring invoice for the length of the Website Hosting Agreement and a notification will be sent to you by email if your payments become overdue.
- If you choose to have the Hosting we provide upgraded/cancelled, the recurring invoice will expire on the specified date as stated at the time of the upgrade/cancellation.
- If you upgrade the Hosting we provide, we will work out the additional charges and invoice you directly.
- If you downgrade the Hosting we provide, we will work out the credit and apply it to your account automatically.
- Payments for your account can only be made by direct credit.
- By default we email invoices but if requested you have the option to receive invoices by post, or email, or both.
- Failure to make payment by the due date may incur a 10% penalty on your account.
- If you fail to make payment within 1 month of the payment being due, we may suspend or restrict the Hosting on your account. If you choose to make payment on the outstanding amounts a 10% reconnection fee may apply, as well as costs we may have incurred to recover the debt.
- You accept that your Hosting costs may increase if your allocated server space limit is reached. We will contact you before the allocated server space limit has been reached so you are fully aware of the state of your Hosting.
4 Cancellation of Hosting
- We reserve the right to terminate the Hosting for any reason, but not limited to the following reasons: websites involved in domain name disputes, failure to pay for Hosting on time, solicitation or selling of illegal products or services, fraud or phishing.
- You may cancel this Website Hosting Agreement at any time, by giving us thirty (30) days written notice, provided that payment is up-to-date. A pro-rata refund will be given for any unused period of the advance.
5 Our Responsibilities
- We agree to provide high performance Internet services to you.
- We agree to be available during business hours by telephone for support and inquiries.
- We agree to be available by email for support and inquiries.
- We agree to endeavour to correct all problems as soon as they occur.
- We agree to provide an online summary of any scheduled, or unscheduled downtime, and to notify customers by email who wish to be notified.
- We agree to respond as soon as we can to emergency support requests.
- We agree to bill you correctly for the Hosting you subscribe to.
- We agree to keep all software and systems up-to-date.
6 Your Responsibilities
- You agree to provide us with correct contact details, and to keep them up-to-date.
- You agree to keep your private access details (usernames and passwords) confidential.
- You agree to keep back-up copies of all files you publish to our servers.
- You agree to download your mail regularly.
- You agree to not store mail on our server for longer than 30 days (or it may be removed without notice).
We prohibit the publication of the following content on our servers (including pictures, links, and text):
- (a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
- (b) any material that is libelous or slanderous;
- (c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
- (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.
7 Retrieval of Access Details
If you lose your access details there are three things in the following order you can do:
- (a) request an automatic password re-send if available;
- (b) phone or email our support staff to re-send them to the address we have on record; or
- (c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
8 Changing Your Details
- Depending on your hosting plan/package, we may provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
9 Our Liability to You
- As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our Hosting for business purposes (or have told us you will do so) then you agree that that Act does not apply to the Hosting we provide you.
- To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of Hosting to you.
- We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
- We do not make claim that you will receive continual and uninterrupted Hosting during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide Hosting under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.
10 IP Addresses
- We maintain control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.
11 Compliance with Law
- You agree to use our services in a manner consistent with all applicable New Zealand and/or Australian laws. If you wish to make a claim against us you must do so in a New Zealand court.
12 Confidentiality
- We will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by you. This obligation of confidence will cease to apply in relation to information that we are required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by us of our obligations of confidence under this Agreement.
13 General
- Special offers cannot be used in conjunction with any other offer or voucher.
