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Terms and Conditions

About this agreement

  • Please read this document carefully.
  • The words "you" and "your" in this agreement mean the individual or organisation you enter in the "Name" field on the account application form.
  • Your use of services provided by Kiwico Ltd (in this agreement referred to as "our", "we" or "us") is subject to the terms and conditions of this agreement.
  • This agreement begins when we tell you your application has been accepted by us. Either party may terminate it by sending a letter or fax or email to the other.
  • We may change this agreement on 30 days notice by sending a letter, fax or email message to you.  If you continue to use our service after we have notified you, then you agree to the changes we have made.
  • We do not guarantee your first choice will be available and reserve the right to refuse any party service or use of an email alias.

What we agree to do

Providing you with service

  • We will provide you with the services purchased for a period of one year.
  • 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 will email to you a tax invoice upon you confirming that the service is to commence.

Our use of Information provided by you

  • We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.
  • Your information will only be used to deliver services you have ordered, collect any money owed, and to tell you about our services.

What you agree to do

Using our services

  • 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.
  • You agree to ensure our service is not used for "spamming".

Providing us with Information

  • You agree to provide us with accurate information about yourself and your organisation.  In particular, you agree to ensure the "Name" and "Email address" fields completed in the form are correct and belong to you.
  • You also agree to provide us with any information we reasonably ask for to help us provide services to you.

Payment of fees

  • You agree to pay us in full by the due date for all services billed to your account.  If you don't pay on time, then you agree to us suspending any or all of your services until payment has been received.
  • You agree to pay us any reasonable expenses we incur in collecting any overdue amount you owe us.

Cancellation of services

  • You may cancel a hosting service at any time by sending us a letter or fax or email. No refund is due unless the hosting service is cancelled within the first 30 days of such service commencing, when a full refund will be given.

Indemnifying us

  • You agree to indemnify us and our employees from and against all actions, claims suits, demands, liabilities, costs or expenses arising out of or in any way connected with the use of our service by yourself or any person with access to your email address. You agree to continue indemnifying us after this agreement has ended.

Limit of liability

Our services are provided for business purposes as defined by the Consumer Guarantees Act of New Zealand. You agree that we have no liability to you or any other person for any losses, costs, or damages that may be caused by:

  • Your use of our service
  • Your use of a service of ours which does not meet your needs
  • Your use of information provided by us
  • Our inability to provide reliable service.

You agree to the limitation of liability continuing after this agreement has ended.

Suspension of services

  • If in our opinion there has been a breach of our acceptable use policy by a person using your email address, you agree to us suspending the service concerned without notice. You also agree that you or any other person is not entitled to any compensation or refund from us as a result of us suspending your service.

Prices

  • All prices for our services are quoted in New Zealand dollars and exclude goods and services tax unless stated otherwise. 
  • We may change the price of our services without notice.

Laws

  • The law of New Zealand governs this agreement. If any provision that is not fundamental in nature is illegal or unenforceable, then the remainder of the agreement will remain in full force.

Agreement version 3 dated 8th March 2003

 

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