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Terms and Conditions
These terms and conditions are the contract between you and Cheeky Monkey Hosting (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are WPhost, a partnership registered in New Zealand, NZBN 9429049225891.
Our address is PO Box 31228, Milford, Auckland 0741, New Zealand
GST Number: 133-815-805
You are: Anyone who uses Our Website or buys Service from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content uploaded by you to our servers.
"Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
“Services” means all of the services available from Our Website, whether free or charged.
“Visitor” means anyone who visits Our Website.
In this agreement unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. the headings to the paragraphs and schedules to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. any obligation of any person arising from this agreement may be performed by any other person.
2.7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.8. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. This agreement, together with the Service Level Agreement (“SLA”), contains the entire agreement between us. You can access the SLA at https://www.webhost.nz/legal/3/service-level-agreement, and in entering into this contract, you have not relied on any representation or information from any source except the SLA and the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions and SLA, we agree to provide to you some or all of the Services and products described on Our Website at the prices we charge from time to time.
3.3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5. Our contract with you and licence to you last for a minimum term of three months from the date of payment. Any continuation by us or by you after the expiry of the period for which you have paid is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.6. The contract between us comes into existence when we receive payment from you for a Service.
3.7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.7.1 the change will take effect when we publish it on Our Website.
3.7.2 we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
3.7.3 if you make any payment for Services or goods in the future, you will do so under the terms published on Our Website at that time.
4. Your account and personal information
4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to update and maintain any changes in your information immediately it occurs using the “Client Area” portal provided. If you do not do so, we may terminate your account.
5. The price
5.1. The prices payable for Services are clearly set out on Our Website.
5.2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are exclusive of any applicable goods and services tax or other sales tax.
6. Renewal payments
6.1. At least six weeks before expiry of the period for which you have paid, or two weeks if you pay monthly, we shall send you a message to your billing contact email address to tell you that your licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
6.2. At any time before renewal of your subscription, you may use the “Client Area” portal on Our Website to access your personal information and change your requirements for Services or cancel renewal.
6.3. On the day before expiry of your hosting plan and/or domain name subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your hosting plan and/or domain name subscription for a further period by sending you an email message.
6.4. Despite all provisions in the agreement, if payment of renewal fee is not received by 5 days after the expiration date, your Services will be automatically suspended and any overdue and unpaid balances will be charged a fixed fee of $20 + GST.
6.5. We may provide a 10 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever. It is your responsibility to maintain offline backups of your site at all times.
7. How we handle your Content
7.2. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
7.3. Uploading content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.4. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been uploaded by you.
7.5. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.6. Please notify us of any security breach or unauthorised use of your account.
8. Security of Our Website
If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
8.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
8.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
8.3. download any part of Our Website, without our express written consent;
8.4. collect or use any product listings, descriptions, or prices;
8.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
8.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
8.7. share with a third party any login credentials to Our Website;
8.8. Despite the above terms, we now grant a licence to you to:
8.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
9. Uploading to our servers
9.1. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
9.2. We do not undertake to moderate or check every item uploaded, but we do protect our business vigorously. If we believe Content uploaded breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
9.3. In connection with the restrictions set out below, any violation of these terms can result in immediate suspension or termination of Services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.
9.4. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
9.5. You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement.
9.6. You may not share, let or sub-license space on the servers (except as an authorised re-seller).
9.7. You irrevocably agree that it is your responsibility at all times to:
9.7.1 Use our Service and Services in a manner which does not violate any applicable laws or regulations;
9.7.2 Respect the conventions of the newsgroups, lists and networks that you use;
9.7.3 Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
9.7.4 Respect the privacy of others;
9.7.5 Use the Service in a manner which does not interfere with or disrupt other network users, services or equipment;
9.7.6 Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
9.7.7 Ensure your use of our Services remains ethical and in accordance with accepted community standards.
9.8. It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:
9.8.1 Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
9.8.2 Illegally store, use or distribute software;
9.8.3 Transmit threatening, obscene or offensive materials;
9.8.4 Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
9.8.5 Misrepresent or defame others;
9.8.6 Commit fraud;
9.8.7 Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
9.8.8 Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
9.8.9 Engage in misleading or deceptive on-line marketing practices;
9.8.10 Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
9.8.11 Make an unauthorised transmission of confidential information or material protected by trade secrets;
9.8.12 "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
9.8.13 Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
9.8.14 Post or transmit defamatory, harassing, abusive or threatening language;
9.8.15 Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
9.8.16 Facilitate a violation of this clause and the relevant Acceptable Use Policy; or
9.8.17 Perform any other action through utilisation of any service which we deem unsatisfactory.
9.9. Laws; Harmful Content. You may not use the Services to violate any governing law or regulation, including laws prohibiting: copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts (including in the support of or furtherance of sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or false advertising; and hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user. It is our policy to terminate the Services of customers who are repeat infringers of intellectual property rights.
9.9.1 Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites, or threatens violence; is in support of or furtherance of sex trafficking; contains harassing content or hate speech; violates any person’s privacy; constitutes terrorism or trafficking in weapons or other illegal items; or is likely to result in retaliation against our system, network, or employees, including behaviour that results in any denial of service attack.
9.9.2 The Services may not be used in violation of export laws, controls, regulations, or sanction policies of the United States or your applicable jurisdiction.
9.9.3 The Services may not be used by any individual or legal entity which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.
9.10. High-Risk Use. You may not use the Services in any circumstance or fashion where a failure of the Services could result in death or physical injury.
9.11. Spam. If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Accordingly, a US$500 charge per violation will be assessed as a reasonable estimate of the damages. The parties further agree that such US$500 would not act as a penalty.
9.12. Regulated and Sensitive Information. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.
9.13. Overburdening Resources. You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. Specifically, you may not use or provide open proxies or Internet Relay Chat or use the Services for video streaming. You may not perform any vulnerability or penetration testing of our network or systems, including your own hosted environment, without our prior written approval.
9.14. Security Requirements. You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your authorised users and anyone to whom you provide access to the Services or the content you create using the Services.
This agreement may be terminated:
10.1. by you after a minimum term of three months from the date of first payment. No refunds for early cancellation will be made. If your cancellation is to be effective, you must use the online “Request Cancellation” form accessible inside your "Client Area" portal to enable us to identify:
10.1.1 who you are;
10.1.2 that you have proper authority to cancel; and
10.1.3 the Services you wish to cancel.
10.2. upon us giving you 15 days notice in writing addressed by post to your billing contact land address or by e-mail to your billing contact e-mail address.
10.3. when we terminate it, without notice, on account of your failure to comply with these terms.
10.4. immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
10.5. Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
10.6. Termination by either party shall have the following effects:
10.6.1 your right to use the Services immediately ceases;
10.6.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
10.7. In the event of such termination by us, we will within 15 days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
10.8. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
11. Interruption to Services
11.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
11.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
11.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
11.4. The SLA sets out the sole remedies for downtime, unavailability, or other SLA failures.
12. Intellectual Property
You agree that at all times you will:
12.1. not cause or permit anything which may damage or endanger our title to the Intellectual Property.
12.2. notify us of any suspected infringement of the Intellectual Property;
12.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
12.4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
12.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
12.6. so far as concerns software provided or made accessible by us to you, you will not:
12.6.1 copy, or make any change to any part of its code;
12.6.2 use it in any way not anticipated by this agreement;
12.6.3 give access to it to any other person than you, the licensee in this agreement;
12.6.4 in any way provide any information about it to any other person or generally.
12.7. not use the Intellectual Property except directly in our interest.
13. Bandwidth and data storage
13.1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
13.2. If your bandwidth and storage requirement exceeds the contractually ordered amount we may in our discretion:
13.2.1 move you to a different plan; or
13.2.2 charge the price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date; or
13.2.3 if in our opinion your usage puts at risk the continued Services provision to other customers, we may limit the Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.
13.3. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
13.4. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
13.5. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
13.6. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
13.7. A service charge of $150 + GST per hour will apply to requests to extract data from backup for any circumstance other than the failure of the server.
13.8. We maintain reasonable technical and operational measures designed to protect our internal networks from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident.
13.9. You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.
14. Disclaimers and limitation of liability
14.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
14.2. All implied conditions, warranties and terms are excluded from this agreement.
14.3. Our Website and Services are provided “as is”. We make no representation or warranty that the Service will be:
14.3.1 useful to you;
14.3.2 of satisfactory quality;
14.3.3 fit for a particular purpose;
14.3.4 available or accessible, without interruption, or without error;
14.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
14.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
14.6. We make no representation or warranty and accept no responsibility in law for:
14.6.1 accuracy of any Content or the impression or effect it gives;
14.6.2 delivery of Content, material or any message;
14.6.3 privacy of any transmission;
14.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
14.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
14.7. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
14.8. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
14.9. Our total liability under this agreement, however it arises, shall not exceed the sum of $10,000. This applies whether your case is based on contract, tort or any other basis of law.
14.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Any of them may enforce the provision under the Contract and Commercial Law Act 2017.
14.11. Nothing in this agreement excludes liability for a party's fraud.
15. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with the law of any country;
15.2. your breach of this agreement;
15.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
15.4. a contractual claim arising from your use of the Services;
15.5. a breach of the intellectual property rights of any person;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $130.00 + GST per hour without further proof.
16. Miscellaneous matters
16.1. Using the “Client Area” portal provided, you undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
16.2. The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
16.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.5. If you are in breach of any term of this agreement, we may:
16.5.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
16.5.2 terminate your account and refuse access to Our Website;
16.5.3 remove or edit Content, or cancel any order at our discretion;
16.5.4 issue a claim in any court.
16.6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
16.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.8. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
16.9. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
16.10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.11. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
16.12. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
16.13. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.14. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.
Special additional provisions relating only to domain names
These terms apply when you instruct us to register, renew, transfer in or transfer out, a domain name and are in addition to the terms set out above. You agree to be bound by them.
17. Your undertakings
17.1. You acknowledge that it is your sole responsibility to supply accurate and reliable contact details and relevant information. You undertake to supply such accurate, complete full records and as are required by any relevant registrar and/or registry and to ensure that such details are kept updated and complete at all times using the “Client Area” portal provided.
17.2. You warrant that to the best of your knowledge neither the registration nor the use of the domain name infringes the legal rights of any third party and that you are authorised to apply for or renew the domain name.
17.3. The registration of a domain name and its continued use is subject (in addition to these terms and conditions) to your continued compliance with the terms and conditions of the relevant registrar and/or registry. You agree to be bound by such terms and conditions, including all rules and policies.
18. Domain name disputes
You acknowledge that:
18.1. the registration or use of a domain name does not necessarily entitle us to use that name in a particular context;
18.2. your contract with a relevant registrar and/or registry may provide that the registrar and/or registry may take action which might include:
18.2.1 the suspension or revocation of your application for a domain name; or
18.2.2 the registration of a domain name allocated to you to a third party.
18.3. we will have no responsibility or involvement in relation to any dispute between you and a registrar.
18.4. You now therefore agree to indemnify us against all costs, claims and expense, including the reasonable cost of management time, in respect of any event, act or omission we may be required to take by any third party with jurisdiction, including a domain name registrar and/or registry.
19. Action on your default
We may in our absolute discretion cancel, take ownership, dispose of and/or refuse to register, release or renew any domain name if:
19.1. our fees in respect of that domain name are overdue;
19.2. we are required to do so by regulation or competent authority;
19.3. it is otherwise permitted under these terms and conditions.
20. Domain name registration
20.1. We will attempt to register a domain name on your instruction and to notify you of the outcome.
20.2. We do not warrant or guarantee that any domain name will be registered or is capable of registration.
20.3. We are not liable to you in the event that you act upon an anticipated registration before you have received confirmation from us that the domain name has been registered to you.
20.4. Immediately you receive from us notice of registration, you should check the registration particulars and, the event of error, inform us immediately.
21. Domain name renewal
Once a domain name renewal has been processed it cannot be reversed nor any fees refunded.
We will not renew a domain name (leaving you solely responsible for renewal) for which we do not receive a renewal notice. Without limitation, we may not receive a renewal notice:
21.1. because we are not the Registrar Agent;
21.2. because the relevant registrar and/or registry sends the renewal invoices direct to you;
21.3. if the domain name has been transferred to another Internet Service Provider.
22. Domain name transfer in
22.1. If we have to transfer your domain name from another Internet service provider to our servers, you understand that:
22.1.1 we may charge additional cost for this service;
22.1.2 the transfer may take 7 days;
22.2. You warrant that you have the full and complete authority of the legal owner of the domain name and you agree to indemnify us against all costs, awards and damages resulting from the transfer and/or that may be brought about by a third party.
23. Domain name transfer out
If we receive a request from you or the registrant to transfer a domain name from ourselves to another Internet service provider, the following procedure applies:
23.1. we will generate a new UDAI (Unique Domain Authentication Identification), or EPP Key (Transfer authorisation code) and open a transfer window;
23.2. you acknowledge that the registrant is able to effect a transfer direct with the relevant registrar and/or registry in certain circumstances and that we may not be able to provide you notice of the transfer.
23.3. you shall remove ourselves as the admin, technical or other contact;
23.4. any websites at the domain name may become inaccessible;
23.5. e-mail and web forwarding Services may be cancelled and e-mail may be lost;
23.6. all other Services you have purchased from us for use with the domain name may be cancelled;
23.7. you will not be entitled to any refund for any used period of any Services;
23.8. you agree that we shall be released from all subsequent obligations, claims, liabilities or demands arising out of or in relation to that domain name
24. Free domain name offer
24.1. Each hosting plan comes with a free registration or transfer of one .nz, .co.nz, .net.nz, .org.nz, .geek.nz, .gen.nz, .ac.nz, .school.nz, .maori.nz or gTLD (.com, .net, .org, .biz or .info) domain name, for a period of one year.
24.2. Each Cheekier, Cheekiest, Cheekiest - Upgrade, biz-Mail 500, biz-Mail 1000, biz-Mail 2000, biz-Mail 3000, biz-Mail 4000 or biz-Mail 5000 hosting plan; when paid for annually and upon the plans renewal, comes with the free renewal of one .nz, .co.nz, .net.nz, .org.nz, .geek.nz, .gen.nz, .ac.nz, .school.nz, .maori.nz or gTLD (.com, .net, .org, .biz or .info) domain name, for a period as long as you have the hosting account. If you have added hosting to an existing domain name and the domain expires before the hosting expires, it will be necessary to pay for a 1 year domain name renewal, after which time you can request a complimentary domain name renewal.
24.3. Each Silver, Gold or Platinum hosting plan comes with a free renewal of one .nz, .co.nz, .net.nz, .org.nz, .geek.nz, .gen.nz, .ac.nz, .school.nz, .maori.nz or gTLD (.com, .net, .org, .biz or .info) domain name, for a period as long as you have the hosting account.
24.4. If your domain name is already registered for longer than 1 year term you will not be entitled to a refund or discount off your hosting fees.
24.5. The free domain must be registered through us to gain the benefits of this offer.
Last Update: 10/08/2023 - 17:13pm