Terms of Service
Last Updated April 3, 2017
MedievalWP.co.nz, (“Medieval”) is a client-centered web hosting firm. This Service Agreement (“Agreement”) governs your purchase and use, in any manner, of all web hosting services (the “Services”), ordered by you and accepted by Medieval and describes the terms and conditions that apply to such purchase and use of the Services. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to abide by the terms and conditions below.
Other Policies and Agreements included in these terms:
TERM FOR SERVICES
This Agreement shall be for an “Initial Term” as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Medieval with written notice of termination or change in plan thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide Medieval with your notice of termination by opening a support ticket (the “Ticket”) in the Client Dashboard (the “Dashboard”). When opening the Ticket, you must provide Medieval with sufficient customer identification information so that Medieval may properly identify you and your account. Any notice of termination will be effective following thirty (30) days after Medieval’s receipt thereof.
You must pay the amount specified in an invoice in full by no later than 7 days following the date of the invoice (unless we agree otherwise in writing). If your invoice remains outstanding after this period we may, without limitation:
- suspend supply of Services to you, including Services which have already been fully paid;
- charge a late payment fee on amounts outstanding at a rate equal to $7.50 or 1.6% per month (whichever is greater);
- submit your account to a collection agency. If we do submit the account to a collection agency, you agree that we may recover the outstanding amount specified in the invoice including interest, our legal costs, bank fees and charges and other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.
If you terminate your Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Medieval will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Medieval’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your managed WordPress hosting Service prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any set-up or domain registration fees, if applicable. Your termination request or notice must be submitted to Medieval in the manner described above.Medieval may terminate this Agreement at any time and for any reason prior to the date of termination. If Medieval terminates this Agreement, Medieval will refund to you the pro-rated portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement.
Medieval may investigate any reported or suspected violation of this Agreement or of the Acceptable Use Policy and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Medieval will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
Medieval reserves the right to refuse or discontinue service to anyone at Medieval’s sole discretion. Medieval may deny you access to all or part of the service without notice if you engage in any conduct or activities that Medieval, in its sole discretion, believes violates any of the terms and conditions in this Agreement or of the Acceptable Use Policy. Medieval shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Medieval has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Medieval also reserves the right to refuse refunds in cases where Medieval believes abuse has taken place.
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.
NO SERVICE WARRANTIES
Medieval makes no warranties or representations of any kind for the services being offered. The Service is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Medieval or its agents or employees shall create a warranty. Medieval provides no warranty that the service will be uninterrupted or error free unless otherwise stated in our Service Level Agreement (SLA), or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Medieval be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Medieval’s service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
INTELLECTUAL PROPERTY RIGHTS
Your License Grant to Medieval. You hereby grant to Medieval a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Medieval a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Medieval Materials and Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Medieval or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Medieval to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Medieval or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Medieval during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
You hereby grant to Medieval a limited right to use your trademarks, if any, for the limited purpose of permitting Medieval to fulfill its duties under this Agreement. This is not a trademark license, and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
You agree to indemnify, defend, and hold harmless Medieval from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Medieval, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.
You hereby acknowledge and agree that Medieval will not be liable for any temporary delays, outages or interruptions of the Services unless such outage or delay is covered by our Service Level Agreement. Further, Medieval shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Medieval’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Medieval may modify this Agreement from time to time, your continued use of the Service shall be deemed to be your acceptance. If you do not agree to this Agreement, you must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Medieval reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Medieval Website (the “Site”). Medieval may post changes or modifications to this document, the referenced Acceptable Use Policies and Service Level Agreement without notice to you. Your continued use of Services following Medieval’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.