HOSTING TERMS AND CONDITIONS
Terms and Conditions
PARTY A within these terms and conditions is as follows...
- Name of business
- Steven Munro T/A Medieval
- Fleur Road, Karaka 2580, New Zealand
- Phone (not available for support)
- 09 886 6899
- www.medievalwp.co.nz | www.medieval.net.nz
PARTY B within these terms and conditions is as follows...
- The owner of a hosting account with Medieval
- The owner of a website hosted with Medieval
- A private person(s) contracting Medieval to undertake computer/web duties
- A business(s) contracting Medieval to undertake computer/web duties
Section 1 : Payment
Unless PARTY A has agreed in writing to extend credit to PARTY B, the terms and conditions of payment are as follows:
Condition 1 : Hourly labour
Payment is due without deviation within 5 working days on the completion of work requested by PARTY B unless otherwise agreed to in writing by form of contract addition, physical letter, or e-mail notification.
Condition 2 : Hosting
- Hosting can be terminated by PARTY B informing PARTY A in writing with 1 months notice.
- Hosting payment types are as follows:
- Monthly via automatic bank deposit / direct debit / credit card.
- Annually via bank deposit / direct debit / credit card.
- Monthly hosting payments are requested to be paid into PARTY A's bank account no later than the due date as indicated on the invoice.
- Failure to make hosting payments by the due date (cut-off date) may result in a $80.00+gst administration fee as per the following grace periods:
- First failure: 1 months grace period.
- Second failure: 5 days grace period.
- Third failure onwards: No grace period.
- Continued failure to make hosting payments will result in hosting accounts being suspended until all due payments (including all administration fees) are made in full.
- In the case of PARTY B failing to make hosting payment(s) and/or penalty fees related to failed hosting payments and the period extends to 60 days past the initial hosting payment failure date, PARTY B forfeits ownership and assigns by breach of terms and conditions full ownership of the website to PARTY A (including the domain name if under the management of PARTY A). PARTY B may regain ownership of the website once all due amounts (including penalty fees and payment for any work done on the site while in a suspended status) are paid in full within 90 days of payment failure.
- With disregard to any instance of ownership transfer in the case of PARTY B failing to make hosting payment(s) and/or penalty fees related to failed hosting payments and the period extends to 90 days past the initial hosting payment failure date, all due fees may be passed to a debt collecting agency.
- Hosting charges are subject to alteration at the discretion of PARTY A at any given time by method of 30 days notice to PARTY B. This includes modification to existing contracts between PARTY A and PARTY B.
- Hosting invoices are delivered upon request via email only. Hardcopy invoices are available but will incur an administration fee by arrangement.
- Medieval reserves the right to suspend hosting of any customers website who has any unpaid account with Medieval which is more than 30 days overdue.
Condition 4 : General Payment Conditions
- Payment by cheque or any type of bank transfer will not be considered payment until the payment has been fully cleared through the banking system and present in PARTY A’s bank account.
- If PARTY B fails to make payment to PARTY A by the due date PARTY B shall be liable to pay PARTY A interest on the unpaid overdue amount at a rate of 2% greater than party A's banks overdraft rate for the period (but not less than 15% per annum) during which the amount remains unpaid which interest shall accrue on a daily basis until payment is received by PARTY A. Payments received by PARTY A shall be credited first against any interest accrued.
- PARTY B shall be liable to pay all related costs (including legal costs such as a solicitor or lawyer) incurred by PARTY A in relation to PARTY Bs failure to make due payment.
- PARTY A at any time without assigning any reason may refuse to extend credit to PARTY B.
- Multiple instances of contractual agreements (inside or outside these terms and conditions) between PARTY A and PARTY B are treated as part thereof and entire and singular entity of contractual agreement therefore breach of one instance of a contractual agreement affects all instances of contractual agreements and puts PARTY B liable to repercussions of these terms and conditions with disregard to the fact one or more instances of contractual agreement do not breach these terms and conditions or any other such contractual requirements bound by their respective conditions.
Section 2 : Exclusion of Liability
All content hosted by PARTY B on a Medieval hosting account cannot contain any content that will breach any legal conditions of any New Zealand or worldwide governing bodies or law. Any such occurrences either knowingly or unknowingly that incur legal action or repercussions of any other variant will be the sole responsibility of PARTY B. PARTY A will be exempt in all cases if such issues arise.
At all times PARTY A will have the authority to remove content deemed as being offensive. If any legal body requests the removal of offensive material and PARTY B does not oblige, PARTY A will immediately step in and the time consumed by PARTY A will be invoiced to PARTY B.
PARTY A may monitor any PARTY B account which is believed by PARTY A to be being used for any illegal or offensive activities.
Without exception the content of the following nature will not be allowed and/or is deemed as offensive:
- Illegal acts or encouragement of illegal acts
- Dangerous instruction (Such as bomb making)
- Incest, rape, bestiality, or any other such illegal sexual conduct covered by the USC 2257 act, the NZOFLC, and the NZDIA
- Statements that breach the Fair Trading Act
- Slanderous statements
- Spam harvesting
- Unethical pop-up scripts/functions, malicious or endless loop scripts
- Pirated or illegally obtained material
- Racist remarks
- Illegal hot-linking
Section 3 : Applicable Law
The relationship between PARTY A and PARTY B shall be governed by New Zealand law with PARTY A having authority to select jurisdiction of proceedings in the case of legal action being initiated by either PARTY A or PARTY B.
Section 4 : Exclusion of Liability
- PARTY A cannot be held responsible for any damage caused to PARTY B's business or self, even if the damage is directly caused by one of PARTY A's employees. PARTY A cannot be held responsible for any loss of data or service interruption, but will do its best to help PARTY B
- You, as a PARTY A customer, are solely responsible for the content stored on and served by your website. You must maintain (or request to have maintained at additional cost) adequate backups of your content unless otherwise agreed to in writing by form of contract addition, physical letter, or e-mail notification.
- Any defect in PARTY A’s services or maintenance shall not entitle PARTY B to immediate cancellation of PARTY B’s contract.
- Notwithstanding anything else herein contained or implied PARTY A is not attempting to exclude any of its legal liabilities under the Consumer Guarantees Act 1993.
Section 5 : Right of Update
PARTY A has the authority to update these terms and conditions, and hosting plans at their discretion.
In the case of any update being viewed as extensive by PARTY A, email notification to PARTY B will be issued
In the case of any update affecting price, a 1 month prior notice will be given to PARTY B of the increase/decrease via email
Section 6 : Customer Support
Medieval offers support to all customers 24 hours a day 7 days a week. Depending on the nature of the support request dictates if the support is free, or if it has a charge attached.
- Enquiries about new products and services, and maintenance packages
- Enquiries about upgrading
- Support covered under our Scope of Support
- General technical support and advice
- Requesting support for setting up email on a device
- Troubleshooting email issues caused by PARTY B’s ISP
- Support related to ISP issues or errors caused directly or indirectly by ISPs
- Support / tips for using 3rd party software
- Support not covered under our Scope of Support
After hours support
- Support outside of 9:00 am to 5:30pm weekdays
- $95+gst per hour (charged on a 15-minute interval basis)
After hours costs
- $95.00+gst minimum after hours call charge
- $180.00+gst per hour
PARTY A has the authority to update these terms and conditions, and hosting plans at their discretion.
Section 7 : Backups
Backups are performed at 1am daily. Backups will be restored to most valid data source available in the case of any system issue or data failure deemed PARTY A’s responsibility by PARTY A.
Customer Specific Backup
Accidental and/or intentional deletion by PARTY B is not covered by the general backup conditions and is deemed by PARTY A as a customer specific backup. Standard charges apply to perform a backup and may incur after hours call-in fees where applicable.
Section 8 : Refunds
You may cancel your hosting plan within the first 30 days for a full refund. Hosting plans cancelled within 30 days of activation will receive a full refund on the hosting service only. The refund does not apply to migration services.
Medieval does not offer any refund for hosting plans cancelled after the first 30 days of activation.
Section 9 : Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by us and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Medieval has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medieval has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
Section 10 : Termination
PARTY B agrees that PARTY A may, in its sole discretion and without prior notice, immediately terminate PARTY B's account, deny access to any and all associated content entered by PARTY B or related parties, and deny access to the service for reasons that include, but are not limited to: (a) breaches or violations of these terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by PARTY B (self-initiated account deletions); (d) discontinuance or material modification to the service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by PARTY B in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by PARTY B in connection with the services. Termination of PARTY B's account includes (a) removal of access to all offerings within the service, (b) deletion of passwords and all related information, files, and content associated with or inside PARTY B's account (or any part thereof), and (c) barring of further use of the service. Further, PARTY B agrees that PARTY A shall not be liable to PARTY B or any third party for any such termination of the account, any associated email address, or access to the service.
Section 11 : Public Nature of the Internet
Please understand that all information submitted on your hosting account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Section 12 : Disclaimer Of Warranties
PARTY B expressly understands and agrees that...
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDIEVAL, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MEDIEVAL AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIEVAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Section 13 : Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIEVAL, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR MEDIEVAL HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Section 14 : General Information
These terms constitutes the entire agreement between you and Medieval and governs your use of the service, superseding any prior agreements between you and Medieval with respect to the service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Medieval services, affiliate services, third-party content, or third-party software.
Waiver and Severability of Terms
The failure of Medieval to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Medieval account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these terms are for convenience only and have no legal or contractual effect.