Web Intelligence provides a range of Internet Products and/or Services for Customers ("Customer") to purchase from Web Intelligence's website's. These terms and conditions relate to all who use our website being Web Intelligence Limited ("Web Intelligence") and acquire or use any of our Products and/or Services (“the Product”).
When a Customer subscribes to an Internet Service and/or purchases Products, it is acknowledged and agreed by the Customer to be solely on the following terms and conditions:
Web Intelligence gives no warranty, express or implied, for the Product, including any reimbursement for losses of income due to disruption of services by Web Intelligence or its providers for any amount greater than the fees paid by the Customer to Web Intelligence for the services and Customer irrevocably, waives all right to claim reimbursements for lost business income as a result of interruptions to Products provided by Web Intelligence.
1.2 The Customer warrants to Web Intelligence that they will use the Product provided by Web Intelligence in a manner consistent with the laws of New Zealand and any local laws to which Customer is subject in its use of the Internet. The Customer further indemnifies Web Intelligence against all liability for the illegal use of the Internet and any criminal, civil or other sanctions which may result from the illegal use of The Internet in any and all jurisdictions in which Customer operates using Web Intelligence’s Network in any way.
1.3 To the extent that there is any uncertainty in the construction of the terms of this contract, the definitions listed in Schedule 1 shall be used to construe the proper meaning of the terms of this contract or the terms shall be construed in the ordinary meaning.
2.1 The Customer is required to provide (and once provided to update) Web Intelligence with correct and up to date contact details for billing and technical notification purposes. Web Intelligence accepts no liability for disruption to services due to inability to contact the Customer. In particular, it is the Customer's responsibility to provide Web Intelligence with a valid email address which is not at the domain(s) Customer are signing up under. Web Intelligence retains the right to refuse service to anyone at any time for any reason.
3.1 While Web Intelligence makes every reasonable effort to protect data stored on its servers and/or network, Web Intelligence accepts NO liability for the Customer’s data, files, or directories residing on Web Intelligence's equipment in any way. The Customer is solely responsible for maintaining data, file, and directory structure backups.
On an all care/no responsibility basis only, Web Intelligence backs up its services up every 6 hours to its on-site and off-site backup systems. The Customer can request a backup at any time upon reasonable notice for databases, home folders, IMAP emails and any other data generated by it.
The Customer agrees that a minimum charge of $120.00 +GST may be applied per incident to restore Customer's data.
3.2 The Customer agrees that the scope of Web Intelligence’s backup and scheduling of backups shall be at its sole and exclusive discretion and that the Customer waives any legal right or objection in relation to Web Intelligence's decisions in relations to these matters.
The Customer agrees that Web Intelligence shall not be held liable for the retention and or restoration of any data held on its servers at any time.
4.1 This contract may be terminated by Web Intelligence without cause, by giving the Customer email notice.
4.2 If the Customer pays annually and wishes to cancel the service before it's renewal date; In such case, Web Intelligence shall not refund any monies for the remaining period.
4.3 Web Intelligence may, at its sole discretion, cancel an account at any time if, in its opinion, the Customer has failed to abide by this contract or the Acceptable Use Policy or any other policy relating to Web Intelligence’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Web Intelligence. In such case, Web Intelligence shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
4.5 In such case, if the service is cancelled without due notice by the Customer, Web Intelligence is not responsible for saving or returning any data, files or directories.
4.6 Web Intelligence will be entitled to payment for the balance of the month where less than the one month’s notice is given.
5.1 In relation to the use of a particular amount of bandwidth, upon purchase of a Product through this website, the Customer agrees to abide by the terms of clause 17.
5.2 Web Intelligence maintains control and ownership of all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses to the Customer's service.
6.1 If the Customer acts as a reseller (i.e. the Customer bills their clients for services the Customer buys from Web Intelligence) the Customer agrees that the Customer will not refer their client to Web Intelligence for support services, and acknowledges that there is no direct relationship between Web Intelligence and the Customer’s client and accepts that Web Intelligence's policies will be applied to such clients. Web Intelligence makes no warranties or guarantees as to the subsequent usage of services resold by the Customer. In the act of reselling, the Customer adopts all liability for Products and services resold on to other consumers and Web Intelligence accepts no vicarious liability whatsoever for representations made by Customers in relation to Products and services which they are on-selling. The Customer must rely on its own representations in the course of on-selling products and services produced by Web Intelligence.
7.1 The retrieval of access shall be conducted in the following manner. If the Customer loses their account access information, the Customer must do these things in order:
(a) Request an automatic password re-send if available, via the service login form provided for service in question online;
(b) Email Web Intelligence's support staff to re-send the details to the email address Web Intelligence has on record; and
(c) Fax in required identification as requested by Web Intelligence.
8.1 The terms of payment by the Customer to Web Intelligence are:
(a) The Customer will be billed one month in advance from the date the service becomes active.
(b) All prices stated on Web Intelligence's website are in New Zealand dollars and exclude GST.
(c) All prices are subject to change with 14 days advance notice from Web Intelligence. Prices may increase due to increased operating costs, for example: power, bandwidth and or administration costs, and at Web Intelligence’s sole discretion.
(d) Web Intelligence only accepts payment by Direct Credit and Automatic Payment.
(e) If the Customer's payment is not received for an invoice by the due date shown on the invoice, services WILL be suspended or even terminated (in the entire discretion of Web Intelligence).
(f) A late payment fee of 11% per invoice will be applied to the Customer's overdue invoice seven days after the date on which payment was first due.
8.2 If you are in arrears and past a due date by eight days, Web Intelligence WILL hand the Customer's accounts/records/logs and other information over to it's debt collection agency and the Customer will be liable for all costs incurred in recovering the debt.
8.3 Web Intelligence reserves the right to terminate this contract as a result of any late payment by the Customer, without notice.
8.4 If the Customer fails to make payments on time each month, Web Intelligence WILL require the Customer to pay a deposit as a condition to keeping your account open.
8.5 Web Intelligence does not offer any credit services to it's Customers.
9.1 Web Intelligence reserves all rights to remove content placed on its servers which contravene the terms of the Unsolicited Electronic Messages Act 2007 (NZ). The Customer warrants that the content it places on Web Intelligence's services will not in any way contravene the terms of this legislation and grants Web Intelligence a complete indemnity in relation to the said warranty. The Customer also recognizes, acknowledges, accepts and agrees to abide by Web Intelligence's zero tolerance policy with regard to the use of “Spam” Internet marketing techniques. In the event that Web Intelligence deems the Customer to be in violation of Web Intelligence's policies, Web Intelligence may immediately revoke the Customer's user rights and delete any active account(s).
9.2 Web Intelligence considers spamming to be any activity whereby:
(a) The Customer directly or indirectly transmits email messages to any email address that has not solicited such email and which does not consent to such transmission,
(b) The Customer posts advertisements in newsgroups in violation of the terms of participation in such newsgroup or in newsgroups that do not specifically permit advertisements.
9.3 Pending review, Web Intelligence also reserve the right to suspend a Customer's account and participation upon receipt of any complaint or other evidence that the Customer may be engaging in any spamming activity.
10.1 Accounts canceled/terminated for violation of our Acceptable Use Policy will not qualify for our money back guarantee, e.g. if a service is canceled due to a spamming violation, it will not qualify.
10.2 Cancellation must be done via email.
10.3 Setup fees, e.g. domain names, are not refundable.
10.4 Service add-ons such as "IP Addresses” are non-refundable.
10.5 Refunds cannot be issued back to credit cards.
11.1 The Customer agrees to indemnify, defend and hold Web Intelligence and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor's fees related to the Customer’s breach of this contract.
11.2 Notwithstanding anything else in the contract, Web Intelligence shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Web Intelligence Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
11.3 The Customer shall immediately indemnify Web Intelligence against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:
(a) The breach by the Customer of any of its obligations under the contract; and
(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.
11.4 The Customer agrees that Web Intelligence shall not be liable to the Customer for any force majeure event being any situation (other than a failure to pay money due to the other party) in which Web Intelligence fails to comply with its obligations under the contract due to anything beyond its reasonable control.
11.5 The Customer agree that Web Intelligence shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the contract other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of Web Intelligence in writing or expressly incorporated or referred to in the contract.
11.6 This contract represents the entire understanding between Customer and Web Intelligence, regarding Customer's relationship and supersedes any prior statements or representations.
12.1 Web Intelligence gives no warranties in relation to any of the Products, content, goods or services provided through its website's. Web Intelligence does not guarantee in any way the merchantability, quality or use of Products purchased through the site.
12.2 The Customer warrants that the they are in possession of the following and that they waive any legal right to claim against Web Intelligence in relation to loss of damage resulting from the absence of the following:
(a) An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) A fully functional Internet browser;
(c) Suitable and necessary tools to develop and publish content; and
(d) Tools with which to access database servers.
12.3 The Customer warrants that:
(a) The Customer has full power and authority to enter into and perform the contract;
(b) All information provided by the Customer to Web Intelligence shall be complete, accurate and not misleading;
(c) The Customer will comply with all its duties under any data protection laws and regulations applicable to the Customer’s operations;
(d) The Customer’s performance of its obligations under the contract will not infringe the Intellectual Property Rights of Web Intelligence or any third party; and
(e) None of the information or materials supplied by the Customer to Web Intelligence shall be libelous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.
12.4 The Customer agrees that all conditions, warranties, representations or other terms concerning the supply of the Product which might otherwise be implied or incorporated into the contract or any collateral contract, whether by statute, common law, custom or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
12.5 The Customer should have their own insurance organised for their owned equipment stored or hosted at Web Intelligence's datacentre's.
13.1 The Product provided from or through its website by Web Intelligence is provided on an "as is", "as available" basis. All warranties, express or implied, are disclaimed including but not limited to, any implied warranties of the merchantability and fitness for a particular purpose of Product. The maximum liability of Web Intelligence for the Product, for any reason shall be limited to the amount paid by Customer for the particular items purchased and in the event of a regular supply of Product, a sum equivalent to three month’s such supply. The Customer hereby accepts that the maximum liability of Web Intelligence, for any reason shall be limited to the cost of the content, goods or services provided to the Customer by Web Intelligence. Web Intelligence and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the Customer may raise against Web Intelligence. This term is to subsist despite any advice from the Customer of the nature of damages proposed by the Customer or their legal representative. This clause is to be considered a material, fundamental and essential term of the bargain between Customer and Web Intelligence.
14.1. Except as provided herein, Web Intelligence agrees to refund the purchase price of any web hosting service or site builder service within 14 days of purchase.
Web Intelligence will not provide refunds or exchanges in relation to the following Products or services:
All Domain Names;
Email Services or,
Server Management Services;
Hours billed for services/work completed.
14.2 No refund will be issued where an account was closed in accordance with clause 14 known as the "Acceptable Use Policy" of these terms and conditions. In particular, any website engaging in the activity of spamming defined at the sole discretion of Web Intelligence will not qualify for any refund within the 14 day period.
14.3 In order to claim any refund, the Customer must contact Web Intelligence via phone or email as soon as possible before the 14 day period is up.
14.4 Costs such as setup fees, or in relation to domain names are not refundable in any respect.
14.5 Additional Services are not refundable under any circumstances.
14.6 Web Intelligence will not accept any liability or give any warranty or guarantee in relation to the time that Direct Credit takes to process credit card refunds or any changes made by the Customer to their credit card details, which results in delay or failure of the credit card refund process. Web Intelligence accepts no liability and gives no guarantee indemnity or warranty in relation to any error caused by a failure of Direct Credit's processing systems or Direct Credit generally.
14.7 The Customer agree to waive all rights, legal claim or objection in relation to the any refund in connection with any failure or deficiency of availability caused by or associated with:
(a) Circumstances beyond Web Intelligence's reasonable control, including but not limited to, acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts);
(b) Scheduled maintenance and emergency maintenance and upgrades;
(c) The Customer acts or omissions (or acts or omissions of others engaged or authorized by you), including without limitation, Customer scripting or coding (e.g. CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct or use of Web Intelligence’s Product in breach of these terms and conditions and in particular clause 18; DNS (Domain Name Server) Propagation; Outages elsewhere on the Internet that hinder access to Customer account; or,
(d) Access issues related to DNS caching that may cause an Internet site to appear inaccessible when others can still access it.
15.1 It is Web Intelligence’s intent to provide its customers with good quality services where reasonably possible.
Without prejudice to or derogation from any of its general rights of termination, as provided herein Web Intelligence reserves the right to immediately terminate, without notice, any service provided to the Customer which violates this "Acceptable Use Policy".
The Customer agrees they will not:-
(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.
(b) Violate the law of any foreign state or in particular the laws of the country in which Customer resides.
(c) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
(d) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.
(e) Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
(f) Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement.
(g) Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen internet content, Malware, Spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of Web Intelligence .
15.2 Web Intelligence will not accept any usage of its services which relates to Illegal Activities, Fraudulent Activities, Peer-to-Peer File Sharing (All forms, All ports, All Software), Serving over 1000 Videos, IP Proxy Services, Bandwidth Tunneling over any protocol, Phishing or Internet TV or any other use deemed to be unacceptable at the sole and exclusive discretion of Web Intelligence.
15.3 Web Intelligence will conduct all investigations in possible violations of this clause independently and be the sole arbiter as to what constitutes a violation after such investigations have been conducted. Without limiting any of Web Intelligence's rights in relation to this contract, Web Intelligence contact the Customer in order to inform Customer that their use is in violation of this clause and may give the Customer an opportunity to cease unacceptable use before the cancellation of the account.
15.4 Any attempt to undermine the integrity of Web Intelligence's server infrastructure or data network will result in the immediate cancellation of the Customer account without notice or warning. Web Intelligence reserves the right to delete all of a Customer's data without warning and delete all related services or accounts without the provision of any refund or compensation if a Customer is found to be undermining of causing harm to Web Intelligence's servers or Data network in any way.
15.5 If any script operating on the Customer’s account, is determined in the sole and exclusive discretion of Web Intelligence to be negatively affecting the Server performance or Web Intelligence's data network integrity, may be deleted without notice. For the purpose of the this clause, 'script' includes any code which processes on the server, regardless of the scripting language used.
15.6 Programs such as Background Daemons/Spiders/Rippers/Screen Scrapers and Bots in general are prohibited and the Customer hereby recognise that Web Intelligence may delete their account without notice if in the sole exclusive discretion of Web Intelligence, these programs are found to exist on a Customer account.
15.7 Web Intelligence reserves the right to immediately delete, without notice, any Customer account which is determined in the sole and exclusive discretion of Web Intelligence as being used for the purpose of spam, which is not limited to but may include unsolicited email, flames or mail bombs over email, instant Messaging (including but not limited to SMS, MMS, ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber) or any similar communication technologies which may emerge. For the purposes of this clause, the Customer must not operate bulk mailing lists (over 500 emails per day) on shared web hosting servers. Web Intelligence reserves the right to withhold service from a Customer known to be a spammer or hacker.
15.8 The Customer agrees to submit to the sole and exclusive discretion of Web Intelligence in determining what acceptable use is for the purpose of this clause.
15.9 Web Intelligence do not screen the material the Customer publishes to Web Intelligence's servers and accepts no liability for material posted through these services. Web Intelligence may at any time it deems appropriate remove edit or restrict the publication of content which it considers unlawful, or unethical or likely to cause liability to Web Intelligence in any way.
16.1 The Customer will be provided with unmetered national (within New Zealand) and international bandwidth per month. Bandwidth use is subject to the terms and conditions outlined in clause 15. “Fair Use” does not apply to National Bandwidth and data. National Customers are provided with as many gigabytes per month as they desire.
International Customers must abide to “Fair Use” and if heavy amounts of bandwidth are used that affect the performance of the International CIR connections, other available options may be offered to the Customer.
16.2 Bandwidth management (traffic shaping) is employed at different times within the Web Intelligence Network to ensure great service to priority applications and to avoid filling the link to capacity or overfilling a link to Web Intelligence’s core network service.
17.1 The Customer gives Web Intelligence the right to immediately, and at the sole and exclusive discretion of Web Intelligence, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of Web Intelligence. The Customer also waives any right to claim against Web Intelligence in relation to damage caused by a computer virus transmitted though Web Intelligence's servers or data network. The Customer also undertakes to immediately notify Web Intelligence of any file in existence on Web Intelligence's servers or data network which is potentially a threat to the integrity, security or value of Web Intelligence's servers and data network. For the purposes of this clause, a “virus” is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. Web Intelligence shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
18.1 Web Intelligence reserves the right to disclose information about the Customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what Web Intelligence will disclose, Web Intelligence will disclose information in the following circumstances:
(a) Where Web Intelligence is required to do so by law;
(b) Where it is necessary to register a domain to provide information such as the full name, mailing address, phone number, email address, facsimile number and the creation and expiration dates of the Customer’s domain name registration and the name-server information associated with the Customer’s domain name available to the public via an interactive web page WHOIS service;
(c) For the purpose of the transfer of a business asset;
(d) To enforce or apply its services and other contracts; or protect the rights, property or safety of Web Intelligence, its users or others. This includes exchanging information with other companies and organisation's for fraud protection and credit risk reduction;
18.2 From time to time, Web Intelligence will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, Web Intelligence will also collect credit card information and billing addresses. The Customer agrees to allow Web Intelligence to collect and hold this information for relevant business purposes.
18.3 The Customer agree that Web Intelligence may use personal information stored by Web Intelligence in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding Web Intelligence's business services, operations and Products.
18.4 The Customer waives any right it may have to claim against Web Intelligence, in relation to any possible breach of privacy related legal obligations. Customer warrant that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
18.5 The Customer warrants that it will provide accurate, timely and the relevant information to Web Intelligence in relation to any matters which Web Intelligence may require for the purposes of updating information.
To the extent that any dispute should arise about the inconsistency of terms in relation to this contract, the Customer will submit to the discretion of Web Intelligence to determine the interpretation of an inconsistency.
Definition of Terms:
For the purposes of these terms and conditions, the following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:
I have read, understood and fully comprehended these terms and conditions and their full nature, extend and effect.
If I sign or purport to complete this contract on behalf of any corporate body I accept personal responsibility for and guarantee the due performance of the body of this contract and indemnify Web Intelligence accordingly.
I understand that typing in my First, Last name and Email address and clicking the check box during the signup process on Web Intelligence’s web sites, I am making an electronic signature with the same nature, extent and effect of a written signature.