NZ Hosting Limited Terms & Conditions

Please read these terms and conditions carefully. By engaging any or all services or by purchasing or otherwise receiving any or all products made available to you by NZ Hosting Limited either online or offline you agree to be bound by the terms and conditions below.

Copyright NZ Hosting Limited. All rights reserved.

Copyright in the pages of this website (address "nzhostingltd.co.nz" or aliases to same content) and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the proprietors of NZ Hosting Limited and/or its affiliates (collectively referred to as "NZ Hosting Limited") unless otherwise indicated.

Copying or reproduction of NZ Hosting Limited content including emails sent from NZ Hosting Limited is strictly prohibited without the prior consent of NZ Hosting Limited. If you are interested in licensing content, or providing links from other websites, please contact support@nzhostingltd.co.nz

Use of information and materials

The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services. Any investment or insurance products or services are not obligations of or guaranteed by NZ Hosting Limited, and are subject to investment risks, including possible loss of the principal amount invested.

No warranty

The information and materials contained in this website, including text, graphics, links or other items, are provided "as is", "as available". NZ Hosting Limited does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Limitation of liability

In no event will NZ Hosting Limited be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line, or system failure, even if NZ Hosting Limited, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.

Links to other websites

All websites including NZ Hosting Limited's own website may contain links to third party websites. NZ Hosting Limited makes no warranties, either expressed or implied, concerning the content of any website, including the content, operations, programming and conduct of transactions associated with such sites. NZ Hosting Limited does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious program code. NZ Hosting Limited disclaims all liability of any kind whatsoever arising out of any use of, or inability to use, linked third party websites, the use of your information by any party, or the security of any information as may be provided to such parties through any means or from any source.

Security of information stored

NZ Hosting Limited has security measures in place to protect the loss misuse and alteration of material under our control. However, NZ Hosting Limited accepts no responsibility for alteration, manipulation or interpretation of data.

Email addresses

NZ Hosting Limited respects the privacy of its users and shall not disclose, distribute or rent its email list to any third party, nor shall it authorise or expressly permit anyone else to do so.

NZ Hosting Limited exercises a two-way zero-SPAM policy. Users have the opportunity to unsubscribe from general email updates, information and occasional email using a link at the bottom of all such emails. An auto-responder reply received as a result of NZ Hosting Limited email transmission/reception containing advertising or promotion of anything whatsoever outside the signature block constitutes SPAM and may result in immediate NZ Hosting Limited account termination with or without notice.

Bandwidth and Disk Storage Limitations
Website, email and other services provided by NZ Hosting Limited may include limitations of disk storage space, bandwidth (total number of bytes sent/received over a given calendar month) or other limitations as determined by technical or agreed product/service pricing considerations. Clients must make themselves aware of any and all such limitations and must monitor usage, taking sole responsibility to make arrangements with NZ Hosting Limited well in advance of any suspected issues. NZ Hosting Limited accepts no liability of any kind for any event related to these or other service limitations, including but not limited to 'untimely' automatic suspension of website or email services due to bandwidth limitations.

Account Suspension NZ Hosting Limited reserves the right at their sole discretion to suspend (render inoperable) any service at any time for any reason including but not limited to requests from police or a client's failure to make payment by due date. NZ Hosting Limited accepts no liability of any kind for any event related to account suspension, including but not limited to 'untimely' automated suspension of website or email services for any reason.

Termination

This agreement is effective until terminated by NZ Hosting Limited at any time with or without notice.

Indemity/Limitation of liability

Under no circumstances including but not limited to negligence shall NZ Hosting Limited or its affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use NZ Hosting Limited's materials, systems, services or products. You specifically acknowledge and agree that NZ Hosting Limited is not liable for any conduct of any other user be they performing their actions with NZ Hosting Limited's knowledge or not.

As a condition of use of this website and/or its related services or products, you agree to indemnify NZ Hosting Limited and its suppliers from and against any and all liabilities, expenses (including all forms of legal fees) and damages arising out of claims resulting from your or persons associated with your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by any entity of these terms and conditions. If you are dissatisfied with any NZ Hosting Limited content, product or service, or with any of NZ Hosting Limited's terms and conditions, your sole and exclusive remedy is to discontinue using the NZ Hosting Limited website.

Client monies

All users of NZ Hosting Limited authorise that NZ Hosting Limited may from time to time hold client monies at locations outside the express control of NZ Hosting Limited. Client funds may be transferred to a person or business entity outside the New Zealand area and/or the direct control of NZ Hosting Limited, where the legal and regulatory regime may be different from that of New Zealand and in the event of a default or any other act resulting in the inability of NZ Hosting Limited or its users to access such funds this money may become either for a time beyond NZ Hosting Limited's control or permanently lost and that NZ Hosting Limited shall in no way be held responsible or liable for such an event. (A single example of many such external business entities is, without prejudice, PayPal.com).

Ownership

You MUST be a legal representative of any given website concerning any request made for new or changed services and/or information relating to the services NZ Hosting Limited provides. NZ Hosting Limited accepts no liability whatsoever for any damages or costs relating to accounts or website changes of any kind in the event a person succeeds in convincing NZ Hosting Limited they have authority of representation when in fact they do not.

Permission to email

All users of NZ Hosting Limited agree to allow NZ Hosting Limited to send them service related emails at any time. You agree without exception and without prejudice NOT to hold NZ Hosting Limited responsible or liable for any alleged 'SPAM' (unsolicited email) and expressly agree NOT to report NZ Hosting Limited to any "anti-spam" agency at any time or for any reason whatsoever.

You also agree to accept full financial liability and responsibility for any costs or damages caused to NZ Hosting Limited resulting from any action taken against NZ Hosting Limited by any party whom you have informed that we are sending unsolicited emails or SPAM. This includes but is not limited to denial of service or other communications limitations as may be enforced by those parties and all direct and incidental costs related to those limitations.

By holding an account with NZ Hosting Limited you expressly give NZ Hosting Limited permission to email you at the address given at any time and for any reason NZ Hosting Limited shall deem appropriate.

Zero paper policy

NZ Hosting Ltd maintains a ZERO PAPER policy. All invoices and receipts (if issued) will be commnucated via email or our website, only.

Telephone support restricted

NZ Hosting Ltd conducts all matters of technical support via email and/or online ticketed support systems. One or more telephone numbers may be provded for urgent support purposes. NZ Hosting Ltd reserved the right to accept or reject incoming phone calls (in favour of email communication) at its sole descretion. The existence of any given telephone number at any time is subject to change without notice.

All service fees non-refundable

You acknowledge and accept that all fees paid in advance to NZ Hosting Limited for services including but not limited to web hosting and email services are strictly NON-REFUNDABLE.

Product refund policy

Products returned to NZ Hosting Limited due to manufacturing defect will be either replaced with an equivalent product or refunded at the sole discretion of NZ Hosting Limited.

Break it you own it policy

Products returned for any reason other than that stated in the preceding paragraph shall be refunded according to the price paid by the purchaser less a twenty percent (20%) re-stocking fee unless said product is deemed to be in unacceptable physical condition so decided at the sole discretion of NZ Hosting Limited and in which case no refund shall be given and the product shall not be accepted back into stock.

Responsibility for domain names

From time to time NZ Hosting Limited may provide services related to registration or re-registration of internet domain names. At no time shall NZ Hosting be held responsible for the upkeep of these registrations including but not limited to timely payment of domain name renewal fees. Your domain is YOUR domain and YOU must take full responsibility for the safe storage of all related information such as registrar usernames and logins and all other account details. NZ Hosting Limited enthusiastically intends to assist you in this endeavour but cannot and does not accept any liability for the status of your domain name registration as this is in fact most often beyond our control. Authentic representatives of domain names should request login or account information for domain registrar access. NZ Hosting Limited is not in itself a top-level domain registrar, but instead uses at its own discretion certain wholesale providers for domain registration services. NZ Hosting Limited accepts no liability whatsoever for any action or communication or lack of action or communication concerning wholesale domain registrars it might engage.

Terms not exclusive

NZ Hosting Limited may from time to time exercise any right or any action for any reason whatsoever regardless of whether this document expressly states a term or condition relating to said action or not. This document is not exclusive and any action of NZ Hosting Limited need not necessarily follow the terms or conditions herein depending on circumstance and at NZ Hosting Limited's sole discretion.

Information and terms subject to change

NZ Hosting Limited may from time to time at its sole discretion, with or without notice, make changes to information or terms or conditions relating to NZ Hosting Limited. Whilst efforts may be made to make known such changes NZ Hosting Limited accepts no responsibility or liability for notification of any such changes whatsoever.

Governing law

The user's access to and use of the nzhostingltd.co.nz website, and the laws of the New Zealand, govern these terms and conditions.

Any action to enforce this agreement shall be brought in the courts located in Auckland, New Zealand. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

Service contract

Contact support [at] nzhosting [dot] co [dot] nz with questions or problems relating to this website or the services or products of NZ Hosting Limited.

Currency for these Terms and Conditions

The currency used for purposes of this Agreement shall be New Zealand Dollars (NZD).

Changes to these Terms and Conditions

Any changes made to these Terms and Conditions will be posted at http://nzhostingltd.co.nz/content/terms.php (an address that will redirect to the current themed presentation of these Terms and Conditions). Your use of our services or commercial or free offers will always be governed by these Terms and Conditions as in effect at the time of use.

All remaining rights reserved

Any rights not expressly granted herein are reserved.