Website Hosting Terms and Conditions final

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Website Hosting Terms and Conditions final Powered By Docstoc
					Swiftnet Limited

                                                                             6. Backup
Website Hosting Terms &                                                      In the event that you have purchased backup space:
                                                                             6.1 Backup space is provided on the basis of storage space on the backup
   Terms for Website Hosting Services                                        server only. Performance of backups is the customer's responsibility.

This page is important. It gives you, as the customer, a summary of your
rights and responsibilities and requires you to formally agree to them       6.2 In the event that the customer has selected Server Management
before your application proceeds further. By proceeding further you          software provided by Swiftnet and chooses to use the backup cabability of
agree to these terms and conditions.                                         that software:

1. General Terms                                                              (a) Swiftnet makes no guarantee than any individual backup attempt will
                                                                             succeed, nor that any restoration attempt will succeed.
1.1 As a customer of Swiftnet Limited these standard terms form the
basis of our contract with you. Our contract with you also includes your
application form whether it is submitted from you to us by fax, or by        (b) Swiftnet reserves the right to require the customer to vary the time of
internet and will be deemed to be the original application                   backup processes for operational purposes.

1.2 In this contract we use the terms “Swiftnet”, “we”, “our”, and “us” to
refer to Swiftnet Limited and “you”, and “your” to refer to the              (c) The backup image is intended to facilitate restoration of the full system
customer.                                                                    from the backup image in the event of hard-drive failure or similar event.

1.3 As a customer of Swiftnet Limited these standard terms plus our          (d) A service charge will apply to requests to extract data from a backup
acceptable use policy form the basis of Swiftnets contract with you.         image in any circumstance other than failure of the server.

1.4 The Terms and Conditions set out on this page relate only to your use    6.3 Swiftnet's responsibility in the event of server failure is limited to the
of the dedicated server provided by Swiftnet Limited                         provision of a replacement hard drive(s) (if required) and reinstallation of
                                                                             the operating system and server management software (if any) provided
1.5 You must notify Swiftnet by emailing                                     by Swiftnet. whenever any of your contact details
change,                                                                      7. Applicable Law
                                                                             7.1 You agree that you are acquiring our services for the purpose of a
Without limiting the indemnity and liability provisions below Swiftnet       business, then you agree that the provisions of the Consumer Guarantees
will not be responsible in any way for any losses, damages, costs or         Act 1993 will not apply to our service to you.
expenses as a result of your failure to comply with this clause.

                                                                             7.2 This agreement shall be deemed to be an agreement made in New
1.3 By accepting these terms and conditions you agree to abide by            Zealand and shall be subject to, governed by and interpreted in accordance
Swiftnet’s Acceptable Use Policy together with such modifications and        with the laws of New Zealand.
updates to it as may be issued by Swiftnet from time to time. Failure to
follow such policies may result in individual sites or the entire server
being immediately suspended without prior notice until such time as          8. Force Majeure
your site(s) again comply with the policies.                                 8.1 Neither party to this agreement shall be responsible for failure to fulfil its
                                                                             commitments in this agreement if such failure is due to any circumstances
                                                                             outside its reasonable control. Such circumstances comprise, but are not
1.4 Swiftnet reserves the right to modify, enhance and withdraw all or
                                                                             confined to, acts of God, war, sabotage, technological deficiency in the
part of the service and alter its Policies and these Terms and Conditions.
                                                                             Internet, telephone and communications network or other facilities owned
In the event of any change Swiftnet shall endeavour, except in cases of
                                                                             and/or operated by third parties or similar.
emergency, notify you by email giving reasonable prior notice of the
                                                                             9. Preventative Maintenance Downtime Notice
                                                                             9.1. Preventative Maintenance means support required in the opinion of
1.5 Swiftnet will endeavor to provision your server in a timely manner,
but makes no guarantees as to availability of hardware or provisioning       Swiftnet to maintain the integrity of service.
                                                                             9.2. Swiftnet shall endeavour to give notice of preventative maintenance as
1.6 Any changes to the price and description of hardware and/or services
on Swiftnet’s website subsequent to provisioning of your server will not
apply to your server during the term of your agreement and may not           (a) Planned, non-critical maintenance: 3 business days notice (b) Planned,
be able to be provided on your server.                                       critical maintenance: 24 hours notice (c) Emergency maintenance: Earliest
                                                                             possible opportunity, at our discretion
2. Guarantee period
2.1 You may cancel this agreement for any reason by notice in writing        9.3. Where possible we will undertake preventative maintenance at a time
during the first thirty days of its operation ("the guarantee period").      where effects on New Zealand-based users are minimised.

2.2 The guarantee period shall commence when we send the                     9.4. Notification will be by email to the address supplied to us for such
provisioning notification email containing initial access codes and          purpose, or, with prior agreement by SMS message to a mobile telephone
passwords for your server.                                                   number supplied to us for such purpose.
2.3 Upon cancellation of the agreement within the guarantee period,           10. System security
Swiftnet will refund all fees paid with the exception of a service fee of     10.1 The customer is responsible for choosing adequately secure passwords
$50.00 + GST and any "Managed services" fees. The setup fee shall             and for maintaining the security of said passwords.
apply in all cases, including the 12-month payment option.

                                                                              10.2 Swiftnet reserves the right to use password strength analysis tools to
3 Cancellation of agreement and suspension of                                 determine the security of passwords on the server. Swiftnet may change any
service                                                                       password immediately should it be found to be inadequately secure for its
3.1 The term of this agreement for provision of a website hosting is fixed    purpose. Swiftnet will notify the customer by email to the last known
at 12 (twelve) months, at the conclusion of which it shall operate on a       contact address in such an event.
monthly basis.
                                                                              11. Prohibited Activities
3.2 After expiry of the 12 month period, either party can give the other      11.1 Email- You acknowledge that Swiftnet may establish certain limits on
one month's notice of cancellation of the agreement. If the customer          use of the service at any time without limitation to any aspect of the service
requests termination of the service with notice of less than one month,       you are provided at no charge. You will be advised of any limits to be
the full month's fee shall be payable.                                        placed on you by email to the last known email address as per your
                                                                              account details. Your ongoing use after delivery of this notice to you
                                                                              constitutes your acceptance of this limit and any related charges.
3.3 If this agreement is cancelled after 12 months and payment is on an
annual basis, fees will be refunded for the number of months unused in
accordance with the notice provisions above.                                  11.2 Server abuse- Any attempts to undermine or cause harm to Swiftnet is
                                                                              strictly prohibited
3.4 You acknowledge the right of Swiftnet to cancel this agreement at
any time upon a breach of these terms and conditions remaining                11.3 Advertising- Swiftnet’s servers may not be the source, intermediary, or
unremedied after 7 days notice in writing to your last known contact          destination address involved in the transmission of spam. Your domain may
address. Any cancellation shall be subject to the provisions of clause 5 as   not be referenced as originator, intermediary, or reply to address in any of
to the exemption from liability that Swiftnet has in such circumstances.      the above. If you are found to have spammed, then we will immediately,
Any cancellation shall be notified to you by email at your last notified      without warning, disable your domain. We reserve the right to suspend or
email address.                                                                cancel service to known spammers.

3.5 If payment of annual or monthly fee is not received by 5 days after       11.4 We reserve the right to determine what violates this policy, as such any
due date, your services maybe automatically suspended.                        violation will result in immediate deactivation of services without refund (if
3.6 In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) or other non-               12. Miscellaneous
payment by you in connection with the service, your service will be           12.1 This agreement shall become effective on the date of your order form
automatically suspended. A reinstatement fee of $NZ50 will apply.             been submitted to us for the said service.

4. Payments, Invoices and Notices                                             12.2 You shall be deemed to have read this agreement and agree to be
4.1 We will email our invoices and any other notices to the most recent       bound by this agreement. This agreement shall supersede all proposals or
email address you have given us. We may assume that any such invoice          prior agreements, oral or written, and all other communications between
or notice has been received two days after we have emailed it. Please         the parties relating to the subject matter of this agreement.
ensure that you inform us when you change your email address
                                                                              12.3 Swiftnet reserves the right to require whatever form of identification is
4.2 You must inform us straight away if you change your email address,        deemed necessary to verify the authenticity of any request regarding the
you must inform us of this event by writing or calling us to ensure that      service.
there is no interruption in our supply of service to you. If you do not
inform us of this event we will not be able to ensure continued supply of
our service to you.                                                           12.4 Either party may deem the other party to have received any notice
                                                                              sent under this agreement within the following time of its being sent to the
                                                                              last known relevant email address:
4.3 Charges are payable in arrears on the 14th of each month following
the monthly fees for the selected services specified herein by Automatic
Payment or cheque                                                             (a) Within four days of its being lodged with the postal service or within 24
                                                                              hours of successful transmission by facsimilie machine in the case of notices
                                                                              that are required to be in writing.
4.4 On demand, GST and any other applicable taxes, levies or duties           (b) Within 48 hours of its sending by email, provided that no bounce or
which may be payable on payments under this agreement.                        failure response has be received in that time for all other notices.

4.5 On demand, a fee for each dishonored cheque and automatic                 12.5 Notices required to be in writing may be given in the following ways:
                                                                              (a) by post or commercial courier service to the last known address of the
4.6 On demand, all reasonable costs incurred for the collection of any        other party.
debts owed by you to Swiftnet, Swiftnet may charge interest at the rate       (b) By facsimilie transmission to the last known fax number.
of 1% per month on any fee which remains unpaid after 30days from
the due date for payment.
                                                                              13. Terms subject to change
                                                                              13.1 These terms and conditions are subject to change.

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