TERMS AND CONDITIONS
These terms and conditions govern your use of our website. If you do not accept these terms, please do not use this Website or place any orders. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.1 You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible if you have registered.]
2. USE OF WEBSITE
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our prior permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensor’s and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. SITE UPTIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. VISITOR CONDUCT
4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy [insert hyperlink here], any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in New Zealand which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6. DISCLAIMER
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the New Zealand.
8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with New Zealand law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of New Zealand
Website Development TOS Contract
Company Hosting and Contractor
Company Hosting and the Contractor will carry out work only where an agreement is provided either by email, telephone, mail or fax. Company Hosting and Company Hosting will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Company Hosting and Company Hosting and the client, this includes telephone, email agreements and whenever a payment order is carried out online.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Once Website is accepted as complete Company Hosting and Company Hosting cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Company Hosting and Company Hosting until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Company Hosting and Company Hosting remain the copyright of Company Hosting and Company Hosting and may only be commercially reproduced or resold with the permission of Company Hosting and Company Hosting.
Company Hosting and Company Hosting cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Upon commencement of project any additions to the brief will be carried out at the discretion of Company Hosting and Company Hosting and where no charge is made by Company Hosting and Company Hosting for such additions, Company Hosting and Company Hosting accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. All or any additions to the brief will only commence upon agreement of any additional charges as conferred by Company Hosting and Company Hosting.
The client agrees to make available as soon as is reasonably possible to Company Hosting and Company Hosting all materials required to complete the site to the agreed standard and within the set deadline. The start date of Contract can and will only be deemed to have begun once all material required to complete the site has been received by Company Hosting.
Company Hosting and Company Hosting will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Company Hosting and Company Hosting will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Company Hosting and Company Hosting will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Company Hosting and Company Hosting will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Company Hosting and Company Hosting cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by Company Hosting and Company Hosting remain the copyright of Company Hosting and Company Hosting and may only be commercially reproduced or resold with the permission of Company Hosting and Company Hosting.
Where applications or sites are developed on servers not recommended by Company Hosting and Company Hosting, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Company Hosting and Company Hosting before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Company Hosting and Company Hosting will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Website Hosting
We offer hosting services according price hosting packages.
Data Transfer Limits
Our monthly data transfer limit is according to allocations per package, if data transfer exceeds this limit Company Hosting and Company Hosting reserve the right to upgrade the hosting to the next available package.
Whilst Company Hosting and Company Hosting recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Company Hosting and Company Hosting cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Credit Card, PayPal and Internet Bank Transfer. All pricing is guaranteed for the term of pre-payment. Company Hosting reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Company Hosting to request termination of services.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is Company Hosting and Company Hosting policy that any outstanding accounts for work carried out by Company Hosting and Company Hosting or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior written arrangement with Company Hosting.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Company Hosting have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in court judgements (cj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Company Hosting and Company Hosting should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Company Hosting and Company Hosting will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Company Hosting and Company Hosting, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay
OUR DETAILS
Company Hosting
51a Meeanee Road
Napier 4112
New Zealand
admin@companyhosting.co.nz