1. Contractual Terms

1.1 These Terms are to be read in conjunction with other documentation, if any, outlining the provision of services to you. That other documentation may include a quote and outline of the services to be provided by us.
1.2 Once you accept our quote, these Terms of Trade apply to all services that we provide to you.

2. Quotation

2.1 Our quotation is valid for 30 days from the date of quotation.
2.2 Our quotation is based on the information you have provided to us. If anything changes from what you have told us we may cancel the quotation and supply you with another one.
2.3 If we incur additional costs because of changes you want, we may charge you for this at our standard hourly rate as detailed in the quotation.

3. Modifications to Services after completion of work

3.1 Following completion of the service(s), there shall be one opportunity for modifications within a 10 working day inspection period during which it is the responsibility of the Customer to check for errors, omissions and accuracy of content and performance and to notify us of any modifications required.
3.2 Any modifications notified to us in addition to the first opportunity and after the initial 10 working day inspection period shall not be included in the original Estimate and the Company shall be entitled to charge at its standard rates for such additional remedial work.
3.3 Any modifications requested by the Customer which were not envisaged by the original Estimate shall be treated as variations to this Contract and shall be charged for accordingly.

4. Financial

4.1 You agree to pay us within 14 days from the date of invoice.
4.2 You agree to pay us any deposit detailed in the quotation before we commence work.
4.3 The Company retains the right to invoice a progress payment (being a percentage of the Purchase Price) for services undertaken, where the completion of a job is delayed by the Customer.

4.4 Hourly work and variations are to be charged at the hourly rates advised with a minimum charge of thirty minute increments.
4.5 The prices in the quotation are $NZD and include GST.

4.6 If payment is not received on time, we may charge you interest at 5% calculated monthly.
4.7 If we have to use someone else like a debt collector to collect any money owing by you, we may charge you those collection costs.
4.8 We do not give refunds.

5. Right to Suspend Services

5.1 If you fail to pay us for any Service by the Due Date, we may suspend the provision of that and/or any other Service to you.
5.2 We will give you five working days written notice of our intention to suspend any Service, sent to your most recent postal address, or email address, held on our file.
5.3 If you do not pay us or reach agreement with us about payment within the five working days, we may suspend the provision of services at the termination of that five working day period.

6. Domain Names

6.1 You allow us to act as your Agent to transfer, register, manage and renew your domain name(s)
6.2 You are the Registrant (owner) of the domain name (as long as you continue to pay the Registry fees)
6.3 You agree to the Terms & Conditions of the appropriate TLD Registry: New Zealand Domain Names are overseen by The Domain Name Commissioner - www.dnc.org.nz, Australian Domain Names are overseen by au Domain Administration - www.auda.org.au, United Kingdom Domain Names are overseen by Nominet - www.nominet.org.uk, International Names Domain Names are overseen by ICANN - http://www.icann.org

7. Hosting

7.1 You cannot use our services for: Copyrighted or Trade Marked material that is not yours, or that is used without permission. Objectionable material, such as abusive, threatening, malicious, slanderous, obscene or racist content. Pornography or sex related merchandising. Spamming using a service or domain name associated with us.
7.2 If you do this we may: remove the content, stop the service(s), cancel your account and/or recover from you any losses we may incur as a result.
7.3 We will be the final decision-maker on what is objectionable material.

8. Cancellation

8.1 You must give us at least 30 days notice of cancellation of web hosting and contracted maintenance services.
8.2 Notice must be given in writing on your business or company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.
8.3 You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.
8.4 We may cancel any service without notice if your account is not paid on time; you have breached these Terms of Trade; acted unlawfully or breached any other operational rules.
8.5 We may delete all your data at the time that you cancel your services with us.

9. Intellectual Property

9.1 We shall not be liable to any third party for using material provided by you that is subsequently shown to infringe the copyright and intellectual property rights of that third party.

10. Exclusion of Liability

10.1 We shall not be liable for any special or consequential loss or damage of any kind resulting from the provision of Services, and for the purposes of this agreement, ‘consequential loss’ shall include without limitation, loss of use of product, loss of income or profits, and costs and expenses arising from, or as a result of, delays in delivery or any failure to deliver the Services.

11. Limitation of Liability

11.1 Our liability in respect of any claim for loss, damage or injury of any kind howsoever arising shall not in any event exceed the price of the Services supplied by us, which gives rise to such claim, or the actual loss or damage suffered, whichever is the lesser.
12. Other Matters

12.1 You authorise us to collect and keep personal information about you, and we will abide by the Privacy Act.
12.2 We may use the fax to communicate with each other about business matters.
12.3 As long as we undertake good business practice, you cannot claim any loss against us for things that are out of our control - things like an act of God, disaster, power or computer failure, hacker or DDOS attacks and so on.
12.4 If you are a business or using the services we provide for business use, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908 shall not apply

12.5 These Terms of Trade must be interpreted by New Zealand law.