Webtastix is referred to as "we" or "Webtastix" in this
document and Client is referred to as "you".
01. Our Services
Webtastix provides web hosting, email and chat (our chat
service runs under different domain name to Webtastix http://www.snm.co.nz )
When you select to subscribe to any of these services it is
with your understanding of what each service is, what you can expect to receive,
what the costs are, and the payment terms.
We retain the right to refuse service to anyone at any
time.
02. Payment for Services
Our services all operate on a pre-paid basis. This means
you must pay for all services in advance.
Invoices are generated between the 1st and 5th day of the
month for monthly accounts. If on your joining date the charges for the
remaining days of the month total less than $10.00 then you will not be invoiced
until the new month (for a full month, plus the remaining days of the current
month).
If you choose to prepay for 24 months you will receive a
20% discount on all services, and will be invoiced immediately for services for
24 months. You will be invoiced again on the renewal date of your account.
If you change your plan no money will be refunded.
You can pay for your account by Visa, Mastercard, American
Express, Direct Debit, or Direct Credit. We do not accept cash.
Invoices will be sent by email
Payments are due 21 days following the date of the invoice,
and automatic notification will be sent to you by email if payments are overdue.
Failure to make payment by the due date will incur your
account being disabled till u pay.
If you fail to make payment within 2 months we may suspend
or restrict the services on your account. If you choose to make payment on the
outstanding amounts a 10% reconnection fee may apply, as well as costs we may
have incurred to recover the debt.
03. Cancellation of Services
You agree to give at least 30 days notice of cancellation
of services (excluding Domain registration).
Notice must be made by post or by email the notification
must include your username and password.
Cancellations can be posted to
6 Conifer Lane Mangere Bridge Auckland
Credit will be refunded for any period after 3 months, for
example, if you have 6 months of prepaid credit left, you will be refunded 3
months'.
04. Our Responsibilities
We agree:
(a) to provide high performance Internet services to you;
(b) to provide an online summary of any scheduled, or
unscheduled downtime, and to notify customers by email who wish to be notified;
(c) to respond as soon as we can to emergency support
requests
(d) to bill you correctly for the services you subscribe
to; and
(e) to keep all software and systems up-to-date.
05. Your Responsibilities
You agree:
(a) to provide us with correct contact details, and to keep
them up-to-date;
(b) to keep your private access details (usernames and
passwords) confidential;
(c) to keep back-up of copies all files you publish to our
servers;
(d) to download your mail regularly; and
(e) to not store mail on our server for longer than 30 days
(or it may be removed without notice).
We prohibit the publication of the following content on our
servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark,
patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene,
pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited
electronic mail or other mass electronic mailings.
We do not screen the material you publish to our servers.
Any material you publish is considered publicly accessible.
06. Retrieval of Access Details
If you lose your access details you must email our support
staff
07. Changing Your Details
We provide you with the ability to update your contact
details yourself through our online control panel. If you require our support
staff to update your details you must send an email to
webmaster@webtastix.co.nz with your username, password and your new contact
details.
08. Our Liability to You
As a residential customer you have rights under the
Consumer Guarantees Act and this section does not limit those rights. However if
you use our services for business purposes (or have told us you will do so) then
you agree that that Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we exclude
all other liability to you in connection with our provision of services to you.
We are not liable for the protection of your username and
password
We are not liable for anything you or anyone else sends via
email from your account
We do not accept liability for anything on your web space
We are not liable for the protection or privacy of
electronic mail or other information transferred through the Internet or any
other network provider.
We do not make claim that you will receive continual and
uninterrupted service during the term of this Agreement. In no event shall we be
liable to you for any damages resulting from or related to any failure or delay
to provide service under this Agreement if such delays or failures are due to
strikes, riots, fire, inclement weather, acts of God, theft or vandalism or
other causes beyond our control.
09. Resale of our Services
If you act as a reseller of any of our services, i.e. you
bill your client for services you buy from us, you agree:
(a) there is no direct relationship between us and your
client;
(b) you will not refer your customer to us for support
services;
(c) you will make it clear to your client that you are the
contact for all purposes; and
(d) this agreement also applies to your clients.
10. IP Addresses
Web Drive maintains control and any ownership of any and
all IP numbers and addresses that may be assigned to you and reserves the right
to change or remove any and all IP numbers and addresses.
11. Compliance with Law
You agree to use our services in a manner consistent with
all applicable New Zealand and/or Australian laws. If you wish to make a claim
against us you must do so in a New Zealand court.
