ServicesNetwayz Terms And Conditions
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Contents
1. Definitions.2. Web Site
Hosting And Email.3. Service Availabilty.
4. Payment.5. Intellectual
Property Rights.6. Indemnity.7.
Termination.8. Limitation of Liability.
9. Notices.10. Law.
11. Headings.12. Entire
Agreement.
1. Definitions
"We" includes Netwayz of New Zealand or any party acting on the implicit instruction of Netwayz.
"You" includes the person purchasing the services or any party acting on the customer's instructions.
"Services" means domain name registration, web site hosting, email and any other service or facility provided by us to you.
"Server" means the computer server equipment utilised by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated
by us to you for use by you as a site on the Internet.
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2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that
- 2.3.1 you will not use the Server in any manner
which infringes any law or regulation or which infringes the rights of
any third party, nor will you authorise or permit any other person to
do so.
- 2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.4 You shall keep secure any identification,
password and other confidential information relating to your account and
shall notify us immediately of any known or suspected unauthorised use of
your account or breach of security, including loss, theft or unauthorised
disclosure of your password or other security information.
2.5 You shall observe the procedures which we
may from time to time prescribe and shall make no use of the Server which
is detrimental to our other customers.
2.6 You shall procure that all mail is sent in
accordance with applicable legislation (including data protection legislation)
and a secure manner.
2.7 Any access to other networks connected in
any way to the services offered by Netwayz must comply with the rules appropriate
for those other networks.
2.8 While we will use every reasonable endeavour
to ensure the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorised users or hackers and we shall
be under no liability for non-receipt or misrouting of email or for any
other failure of email.
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3. Service Availablity
3.1 We shall use every reasonable endeavour to
make available to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service or down-time of
the Server. All cases will be assessed on an individual basis and recompense
for any failure of the server or associated networks may be granted at our
discretion.
3.2 We shall have the right to suspend the Services
at any time and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 6 hours we will endeavour to notify you
of the reason.
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4. Payment
4.1 All payments are to be made in New Zealand
Dollars on the 15th day of each month, unless otherwise stated and agreed
by both parties.
4.2 All charges payable by you for the Services
shall be in accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable in advance
of our service provision.
4.3 Without prejudice to our other rights and
remedies under this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the provision of
Services to you. The service shall be deemed to be active during this period
of suspension and any fees incurred during this period shall be charged
accordingly.
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5. Intellectual Property Rights
5.1 You shall obtain any and all necessary consents
and clearances to enable you lawfully to make use of all and any intellectual
property rights through the Services, including without limitation, clearance
and/or consents in respect of your proposed domain name.
5.2 This Agreement does not transfer from Netwayz
to You any Intellectual property belonging to Netwayz , and all rights,
titles and interest in and to such property will remain solely with Netwayz.
5.2 This Agreement does not transfer from You
to Netwayz any Intellectual property belonging to You, and all rights, titles
and interest in and to such property will remain solely with You.
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6. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from
and against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by
us to you and your use of the Services and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences of your breach or non-observance
of this Agreement.
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7. Termination
7.1 If you fail to pay any sums due to us as they
fall due, we may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
7.1.1 Should we attempt to recover said due sums
by means of a debt collection agency, you will be liable for any and all
collection costs arising from such action.
7.2 If you break any of these terms and conditions,
or those contained within our Acceptable
Use Policy, and you fail to correct the breach within seven (7) days
following written notice from us specifying the breach, we may terminate
this Agreement forthwith upon written notice.
7.3 If you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors, we shall
be entitled to terminate this Agreement forthwith without notice to you.
7.4 On termination of this Agreement or suspension
of the Services we shall be entitled immediately to block your Web Site
and to remove all data located on it. We shall be entitled to delete all
such data but we may, at our discretion, hold such data for such period
as we may decide to allow you to collect it at your expense, subject to
payment in full of any amounts withstanding and payable to us. We shall
further be entitled to post such notice in respect of the non-availability
of your Web Site as we think fit.
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8. Limitation Of Liablity
8.1 All conditions, terms, representations and
warranties relating to the Services supplied under this Agreement, whether
imposed by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall
exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any
claim in contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless
you have notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for
any loss of business, contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss whatsoever.
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9. Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address as
such party may from time to time have communicated to the other in writing,
and if sent by email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the date of posting.
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10. Law
This Agreement shall be governed by and construed in accordance with New
Zealand law and you hereby submit to the non-exclusive jurisdiction of the
New Zealand courts.
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11. Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
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12. Entire Agreement
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such matters. No
oral explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to these terms
and conditions, you have not relied on any representation other than those
expressly stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not been made
expressly in this Agreement.
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