eziWeb Internet - Terms & Conditions


	Terms & Conditions
	Section 1 - Definition Of Terms The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "eziweb Limited", "us", "we" and "our" means eziweb Limited; "Service", means your Web Hosting services provided by eziweb Ltd to customers subscribing for the same; "Client " and "You" means the party or parties who enters into this agreement with eziweb Limited. Section 2 - Providing You With Service We strive to provide a reliable 24-hour a day service. If you experience a service quality problem, we will do our very best to resolve it to your satisfaction as soon as possible after notification by you. We agree to only use information provided by you to: - · deliver services you have ordered · check your credit and collect any money owed · tell you about our services We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it. Section 3 - Using Our Services Each of our services has an acceptable use policy. You agree to ensure that everybody with access to your Web Hosting account complies with the relevant acceptable use policy. You agree to accept responsibility for all aspects of use of our service by anybody who you have given access to your Web Hosting account. You agree to ensure our service is not used for any activity that breaches the law or infringes another person's rights. You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone. The above clauses do not apply in the unlikely event of an account being unlawfully accessed from the eziweb Limited servers by a third party. Section 4 - Providing Us With Information You agree to provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name. You also agree to provide us with any information we reasonably ask for to help us provide services to you. Section 5 - Payment Of Fees In consideration of eziweb Ltd providing you with the Web Hosting service, you agree to the payment as follows: All fees are due in full within 14 days of invoice dates. If payment is not received within this period, you will have 7 days from notification by us of the unsuccessful collection of fees, after which your account will be placed on hold and a reconnection fee of $ 25.00 excluding GST will apply. Overdue accounts referred to our debt collection agency will incur all costs of collection pursuant to the Fair Trading Act, 1986. Payment of fees can be made by, Visa, MasterCard, Bankcard, Cheque or Automatic Payment. Section 6 - Right To Refuse: eziweb may at any time and without notice to the client cancel, reject, or refuse to continue hosting any Web sites or email without providing any reason for such rejection or refusal at any time prior to, or after, hosting any Web site or email services. This right will not be unreasonably exercised. Where eziweb rejects, or refuses to continue hosting any Web site or email, the client will still be liable to pay any outstanding fees up to the date of cancellation. Section 7 - Cancellation Of Service eziweb's hosting services are backed by a 30 day money back guarantee (see restrictions below). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the monthly fees excluding any applicable setup fees, 3rd party services, overages or domain name registrations. Due to security concerns, all account cancellations must be actioned following the steps outlined at http://www.eziweb.co.nz/cancelaccount/ Cancellations via email or phone requests will not constitute acceptance of any cancellation. Upon cancellation of services, all charges will cease at the end of your current billed period. No part credit or refund will be issued for early cancellation. Section 8 - Disclaimer Of Liability* eziweb Limited is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise. eziweb Limited does not represent or warrant to the Client that the Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall eziweb Limited be liable to the Client for any damages resulting from or related to any failure or delay of eziweb Limited to provide service under this Agreement if such delays or failures are due to strikes, riots, terrorism, fire, inclement weather, acts of God, theft or vandalism or other causes beyond eziweb Limited’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. Section 9 - Applicable Law The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you. Section 10 - Indemnity Client agrees to defend, indemnify and hold eziweb Limited harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by eziweb Limited to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by eziweb Limited, but excluding those related to the negligence of eziweb Limited. Section 11 - DISCLAIMER OF WARRANTIES eziweb LIMITED’S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. eziweb LIMITED SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL eziweb LIMITED BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF eziweb LIMITED HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF eziweb LIMITED’S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, eziweb LIMITED SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO eziweb LIMITED FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION. Section 12 - Acceptable Use The eziweb Limited servers may be used only for lawful purposes. You may not use eziweb Limited’s network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful.