General Terms of Service
Introduction
Acceptance of Terms
All prices are in NZD and exclude GST.
You represent and warrant to Domain Hosting that You have the capacity to enter into a legal agreement in the country in which You reside. If You do not have the capacity to enter into a legal agreement in the country in which You reside, do not request a Service from Domain Hosting unless Your parent or guardian enters into the TOS on Your behalf.
Please read the TOS carefully. By clicking on the “I AGREE” button on the order form for any Services provided by Domain Hosting, You are agreeing to be bound by the TOS and all the terms and conditions incorporated by reference in the TOS. Your use of the Services further confirms Your acceptance of these TOS.
You represent and warrant to Domain Hosting that Your use of any Services that it provides will not violate any applicable law or regulation in the country in which You reside. If You are unable or unwilling to do so, do not request Services from Domain Hosting.
Services: The Services that You request from Domain Hosting by means of the online order form on the Site or otherwise in writing and which Domain Hosting agrees to provide subject to these TOS are the “Services”.
Site: The website selling the Services and belonging to Domain Hosting is the “Site”.
Your Information: You represent and warrant that any information You provide about You is true, and You will maintain and promptly update such information to keep it true and current.
Privacy: You have read Domain Hosting’s Privacy Policy and consent to the use of Your personal information as described therein. View a copy of the Privacy Policy at https://domainhosting.co.nz/policy.php.
Withholding payment: The Customer shall not withhold or set off any amount payable to Domain Hosting.
Deposit: Domain Hosting may require the Customer to pay a deposit of an amount specified by Domain Hosting before providing any Service. Domain Hosting may keep all or any of the deposit as compensation for any costs, losses or liability suffered or incurred by Domain Hosting due to the Customers actions or lack thereof.
Communications: Domain Hosting reserves the right to communicate with You regarding the Services and Your use of the Site. You consent to Domain Hosting’s use of any contact information that You provide to Domain Hosting in doing so.
Passwords: If You are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, You are responsible for all activities conducted under that username or password, and You will take all necessary steps to ensure that no one other than You uses that username or password and that password is kept confidential. If You have any reason to believe that any password assigned to You has become known to or been used by any other person, You must inform Domain Hosting immediately.
Changing Username Password: Domain Hosting may, at any time, change any username or password assigned by Domain Hosting to You, and Domain Hosting will notify You when it does so.
Registrant: An identifiable individual over 18 years of age or a properly constituted organisation.
Registrar: Means any person who has been authorised to become a registrar of domain names.
Domain name transfer: A Registrant may transfer its domain name to another Registrar at any time other than during the first 5 day registration grace period.
Server Uptime Guarantee
Domain Hosting is focussed on creating the ideal hosting experience, with the goal of providing reliable Services. We are proud to guarantee that our uptime will not drop below 99.9%.
At Domain Hosting, we guarantee that we’ll provide quality Services. Specifically, we guarantee:
(i) 99.9% uptime
(ii) email and online support
(iii) Your satisfaction – or Your money-back, if You cancel within the money-back guarantee period.
Indemnification Policy
You agree to use all Domain Hosting Services and features at Your own risk.
Domain Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose.
In no event shall Domain Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages or losses, measurable or immeasurable.
You agree to defend, indemnify, save and hold Domain Hosting its directors, agents, its Customers, officers and employees harmless from and against any and all demands, liabilities, damages, losses, costs and claims, including any attorney’s fees or any other fees that may arise or result from any Services provided or performed or agreed to be performed or any product sold by You or to You, Your agents, employees or assigns. You agree to defend, indemnify and hold harmless Domain Hosting against liabilities arising out of any injury to person or property caused by any Services sold or otherwise distributed in connection with Domain Hosting’s servers.
Domain Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its Customers. Any material supplied by Customers infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to Customer from Domain Hosting’s server. Domain Hosting shall be the sole judge of what violates this Policy.
Agreement
Entire Agreement: These TOS and all information incorporated herein by reference constitute the complete agreement between the You and Domain Hosting with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
Waiver: No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
Interpretation: The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
Description of Services
Description: For each web hosting package and related Services that Domain Hosting makes available to You, Domain Hosting has prepared and published specifications and features for each offered Services on the Domain Hosting website.
Changes to Services: Domain Hosting may modify its Services and the corresponding Services descriptions and features from time to time. When Domain Hosting changes any Services, Domain Hosting will post the updated version of the Services description or features on the website.
Back-up: You acknowledge that unless You subscribe to hosting Services that expressly includes the independent backup of Your Content (as defined below) as a Services, Domain Hosting’s back-up activities are primarily for Domain Hosting’s own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE BACK-UP AND STORAGE/ARCHIVING OF YOUR CONTENT. Also note, hosting Services include access to one or more tools via Your Control Panel that allow You to back-up Your content. Please use these tools and back-up Your content frequently.
Content: Means all materials, information, data or code that You upload, store, transmit, receive or process in connection with the Services, this includes your website files and emails. You hereby grant to Domain Hosting and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable Domain Hosting to perform the Services and otherwise exercise any right or perform any obligations under this TOS Agreement.
Planned Maintenance: When reasonably possible, any planned maintenance of the hardware or software used to host Your website(s) will be conducted during times that fall outside of normal business operating hours, routinely between 22:00 and 06:00.
Availability: Hosting Services are “Available” if the hardware and software being used to provide it is operating. It does not cover the internet connection, nationally or internationally.
Fair Use policy: Is defined as the fair use of Domain Hosting resources for all Services offered by Domain Hosting and includes all Unlimited features (Bandwidth, Email accounts, SQL databases, etc.). Resources which are used in a manner that materially exceeds the average or normal usage patterns on our servers will be deemed to have breached the Fair Use policy. All Domain Hosting Services are covered by this policy. If Domain Hosting feels that the Fair Use policy is being abused then Domain Hosting reserves the right to cancel/suspend the Service/s anytime. Domain Hosting may choose to advise or caution the offending party before any action is taken. Using Hosting Services as email only accounts are in breach of the Fair Use Policy.
Availability Measure: Domain Hosting uses reasonable efforts to ensure that the hosting Services will be Available other than for “Planned Maintenance” at least 99.9% of the time, measured monthly. Domain Hosting may post a maintenance schedule at least 3 days before maintenance work is to be done on the Announcements page of the Domain Hosting website.
Free Domain Name: The free domain name is only valid when a new domain name is registered with a new 12 month billing cycle hosting plan (Cloud and WordPress). If the cost of registering or renewing a single domain name for one year is included in the annual Fees that You are being charged for hosting Services (see the applicable hosting plans features to find out if it is included and the eligible types of domain names) and the domain name that You wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, Domain Hosting will register or renew (as applicable) the domain name for You. If Domain Hosting does so and You continue to subscribe to such hosting Services for a period of at least 12 months, Domain Hosting will not charge You its then current Fee for registering/renewing a domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, Domain Hosting WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY Domain Hosting THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
Assistance with Registering Only: Domain Hosting will assist You to register one or more top-level or second-level domain names (the “Domain Name Registration” Services). You will be the registrant, while Domain Hosting will be the administrative contact and technical contact, and You agree to be bound by all applicable terms and conditions published by the applicable registrars (http://www.tppwholesale.com.au/legals/) or (www.crazydomains.com.au/privacy/terms-of-service/).Please note, You are also bound by ICANN’s rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities and by https://dnc.org.net policies: https://dnc.org.nz/resource-library/policies/74.
Maintenance of Domain Names: You are responsible for the ongoing maintenance, control and use of any domain name registered in Your name and for any Fees or taxes associated with its maintenance. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME.
Account Management
Account information: The Customer must maintain the confidentiality of the Customer’s user name, login, password, and any other account information and/or identifier provided to the Customer in relation to the Services.
Use of account: System accounts cannot be transferred or used by anyone other than the Customer. The Customer accepts complete responsibility for all use of its account and of the Customer’s identifier(s), and Domain Hosting is entitled to rely entirely upon use of any password or other identifier as evidence of the Customer’s identity and authority.
Deletion of Customer data: The Customer agrees that Domain Hosting may delete all data, files or other information that is stored in the Customer’s account if the Customer’s account with Domain Hosting is terminated, for any reason, by either Domain Hosting or the Customer. It is the Customer’s responsibility to back-up and maintain any data, files and other Content or information stored in the Customer’s account or any other Service.
What is 'Unlimited'?
‘Unlimited’ is based on acceptable and appropriate fair usage. The Fair Use Policy applies here.
Any Service that transgresses the Fair Use policy or uses an excessive amount of server resources or bandwidth or negatively affects the performance of our servers and other Services may be charged for excessive usage based on Domain Hosting’s discretion.
Support
Support: Support services are provided by telephone, email or Live Chat. Support for the Customer’s operating systems is not included.
Knowledgebase: Domain Hosting maintains a list of Knowledgebase articles relating to the hosting Services on its websites Knowledgebase section
FAQ: Domain Hosting maintains a list of Frequently Asked Questions relating to our Services on its website.
Live Chat: Domain Hosting provides an online Live Chat service to assist with any questions or support issues. This Online Chat is not available 24/7, however we endeavour to be online for at least 12-16 hours per day, 7 days a week.
Verifiable: Domain Hosting will use commercially reasonable efforts to resolve each problem reported to Support and verifiable as being a problem or deficiency with the hosting Services.
Assistance: When You report a problem to Domain Hosting’s support, You will provide: (i) any assistance reasonably necessary to allow Domain Hosting to verify and resolve that problem; and (ii) all information that You are reasonably able to provide with respect to any problem.
Acceptable Use Policy
Unacceptable Use: Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section. You may not use the Services or Domain Hosting’s technology infrastructure in any manner that constitutes an unacceptable use. Unacceptable, unlawful or illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Unacceptable use includes any use or behaviour that may: (i) jeopardise Domain Hosting’s Services, technology infrastructure or ability to operate; or (ii) expose Domain Hosting to civil liability. Unlawful, illegal or unacceptable use includes to possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
(i) include child pornography;
(ii) infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
(iii) wilfully promote hatred against or defame any identifiable individual, group or other organisation;
(iv) can be used for attacking computer systems and networks and defacing websites (including scripts, executables or other tools).
(v) include any form of malware;
(vi) make threats to a person’s safety or property;
(vii) defame other persons;
(vii) interfere with the Services that Domain Hosting provides to its other Customers;
(ix) interfere with, disrupt or damage the servers used by Domain Hosting to provide such Services, those of Domain Hosting’s suppliers or those of Domain Hosting’s other Customers;
(x) impersonate or falsely state or otherwise misrepresent Your identity or affiliation with any person or entity;
(xi) wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorised access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
(xii) any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
(a) the export of data or software;
(b) the protection of human rights;
(c) the promotion of hatred;
(d) defamation;
(e) criminal offences;
(f) the protection of intellectual property; or
(g) including the sending of commercial electronic messages without consent from the recipients.
Unacceptable uses of the Services or Domain Hosting’s technology infrastructure may also include but are not limited to: ailing, unsolicited emailing’s, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, wares, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of Domain Hosting’s technology infrastructure. Domain Hosting will be the sole and final arbiter as to what constitutes a violation of this policy.
Disruptive Uses: You may not use the Services or Domain Hosting’s technology infrastructure in any manner that interferes with or disrupts Domain Hosting’s other Customers. When any of the following events occurs in relation to any hosted website, it is a disruptive use, a breach of these TOS and Domain Hosting may exercise its rights under this section including to suspending Services:
(i) generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by Domain Hosting’s other Customers who have purchased similar hosting Services;
(ii) generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by Domain Hosting’s other Customers who have purchased similar hosting Services;
(iii) on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by Domain Hosting’s other Customers who have purchased similar hosting Services;
(iv) even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive Services or applications;
(v) using disk space to store materials unrelated to or unnecessary for the operation of the website for which the hosting Services were purchased (for example, using disk space for data warehousing, images, videos, email storage (max allowable mailbox size varies from 512MB to 1024MB depending on the hosting plan), backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage). Web hosting is not designed to store emails but simply to drop them down to your email software of choice for day to day use (eg Outlook, Thunderbird, etc; or
(vi) the sending of any commercial electronic messages promoting the website or otherwise directing attention to the website to any recipient without the recipients consent.
(vii) email exceeds the servers maximum email message size of 10MB.
No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Domain Hosting server is not tolerated. This includes any email that promotes websites hosted on a server located on the Domain Hosting network, but which is sent from an email address not associated with a Domain Hosting account.
Music, Image and Video Files: Responding to and addressing copyright complaints is a time consuming process. From time to time, Domain Hosting scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your content, Domain Hosting may ask You to demonstrate that they are: (i) owned or properly licensed by You; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If You fail to do so for any file or, in the alternative, remove the file from Domain Hosting’s servers, it is a breach of this section and Domain Hosting may exercise its rights under these TOS including “Breaches” section.
Reporting: If You become aware that any person has committed, is likely to have committed or is likely to commit any act described in this section, You will promptly report it to abuse@domainhosting.co.nz .
Investigation: Domain Hosting reserves the right to investigate suspected breaches of this section, You agree to cooperate with Domain Hosting when asked to assist in any such investigation.
Removal of content: Domain Hosting exercises no control whatsoever over the content of the information passing through Domain Hosting’s servers or transmitted or stored using the Services. Domain Hosting in no way monitors its Customers websites or traffic. Domain Hosting may remove or suspend any content or information the Customer stores or publishes using the Services, or suspend any Services supplied to the Customer, if Domain Hosting:
(i) receives a complaint alleging that the Content is defamatory, infringing, threatening, harassing, obscene or breaches applicable laws (including the Harmful Digital Communications Act 2015); or
(ii) is required to do so under applicable laws; or
(iii) otherwise considers (acting reasonably) that the Content breaches this Agreement or applicable laws.
Breaches: If You breach this section, it is probable (in Domain Hosting’s sole discretion) that You have breached or it is likely that You will breach this “Acceptable Use Policy” section (also in Domain Hosting’s sole discretion), Domain Hosting in its sole discretion may suspend or revoke Your access to the Services or Domain Hosting’s technology infrastructure. Breaches of this section may also result in You incurring criminal prosecution, civil liability and may insure costs towards the Customer resulting from an investigation into the alleged breach. No refunds for unused Services will be provided if these Terms of Service are breached.
Others Breaches: Domain Hosting assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
Our web hosting Services are intended to host websites, not backup or store users data. Using Your web hosting account primarily as an online storage facility for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only.
IP Addresses
Domain Hosting may assign one or more Internet Protocol addresses to You for use with the Services. You acknowledge that You have no right, title or interest in or to any IP addresses assigned to You by Domain Hosting or its representatives in connection any Services. Domain Hosting or its suppliers may change any such address at any time, but Domain Hosting will use reasonable efforts to give You notice of any change if the affected IP address is a fixed IP address.
Billing
Domain Hosting bill monthly and annually, depending upon the hosting plan. If You are not satisfied within Your first 30 days Domain Hosting will provide You with a refund for the hosting component of your plan less the cost of any domain registration. For some special offers the money-back-guaranteed day will be varied; and Domain Name registration Fee is non-refundable. Where a domain registration is included with the hosting plan, any refund within the first 30 days will exclude the cost of registering the domain (currently $28 +GST for .co.nz domains).
Fees: The fixed Fees and/or rates applicable to any Services are set out in the online order form for the Service (the “Fee/s” or “Cost/s”). They may include one-time Fees (these are typically for the Other Services) and recurring Fees (these are typically the hosting and domain registration Services). PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU.
Domain Hosting accepts Bank Transfers, PayPal, and Visa and Mastercard via Paystation.
In Advance: Payment for hosting Services is in advance. When You order hosting Services, You are required to pay the full amount of Fees for the initial term and applicable taxes. When the hosting Services renews, You are required to pay the full amount of Fees for the renewal term and applicable taxes. Hosting Services renews when it has not been terminated by You prior to the last date of the initial term or any renewal term for which You have paid.
For website building Services Domain Hosting requires the domain registration Fees, which will be deducted from the costs to build the website, since the domain name registration costs are included in all our website build costs.
Payment of Fees
You agree to pay for the Services we provide for You.
If You transfer a domain name registered to You to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
We may alter our fees from time to time. When we alter them we will send You notice of the alteration 30 days before the new Fee takes effect.
Our usual Fees are for domain name registration. We may also charge for email and web page hosting provided by us. We will tell You before any additional charge is incurred.
Our prices are stated in New Zealand dollars.
Registrants are responsible for the renewal fees for a domain name registered in their name.
Additional Fees
All hosting Services with allocated bandwidth and/or disk space features are subject to overage charges when these caps are exceeded for whatever reason.
Customers are responsible for managing their bandwidth and disk space usage using their cPanel account and Client Area as indicators.
Based upon the hosting Services features, additional overage costs will be charged as follows:
(i) Bandwidth – $0.001/MegaByte over Service cap
(ii) Disk space – $0.01/MegaByte over Service cap.
Overage fees are flat rates and not pro-rated based upon usage. Fees will be charged on the following months billing cycle.
Failure to make payments related to overage fees will result in a temporary suspended Service.
Suspended accounts will be restored once payment is made.
Late Payments
All accounts are billed according to the dates they were first activated on.
Late payment fees will be applied if invoice is not paid after 5 days of the due payment date.
If You do not pay for a Service renewal 30 days after suspension, Your account will be terminated and all files on your account will be lost forever.
Suspension
Suspension: Domain Hosting may from time to time, without notice, suspend a Service, or disconnect or deny the Customer access to any Service:
(i) if the Customer fails to comply with any provision of this Agreement, including any failure to pay any charge or other amount payable to Domain Hosting within 5 days after the due date for payment, until the breach or failure is remedied to Domain Hosting’s satisfaction. The Customer shall continue to pay all charges and other amounts payable for the Services during the period of Suspension; or
(ii) if Domain Hosting believes Suspension is necessary to preserve or protect any person, property or resources, including the information or property of another Customer; or
(iii) if the Customer breaches this Agreement.
Notice: Domain Hosting will endeavour to give the Customer at least two Business Days prior notice by email if it intends suspending the Goods or Services due to charges or other amount being overdue.
Termination
Notice: This Agreement may be terminated anytime by either the Customer or Domain Hosting at any time without written notice.
Termination: Domain Hosting may terminate a Service immediately if:
(i) the Customer fails to pay any amount owing to Domain Hosting on the due date for payment;
(ii) Domain Hosting is instructed to do so by any law enforcement or government agency;
(iii) any other event occurs which, in Domain Hosting’s opinion, may have a material adverse effect on the Customer’s ability or willingness to comply with the Agreement.
Consequences of Termination: Upon Termination pursuant to this clause, the Customer will immediately pay to Domain Hosting all outstanding amounts, and all other amounts payable by the Customer under the Agreement, including penalties. All of the Customers Services will be unusable after Termination.
Customer credit balances will be refunded on Termination.
Disclaimer
Domain Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a Customer would have gained if their site was functioning. Certain Services provided by Domain Hosting are resold.
Thus, certain hardware, routing, software, and programming used by Domain Hosting are not directly owned or written by Domain Hosting. Moreover, Domain Hosting holds no responsibility for the use of our Customers accounts.
If any terms or conditions are failed to be followed, the account in question will be automatically deactivated.
We reserve the right to remove any account without advanced notice for any reason without restitution as Domain Hosting sees fit.
FURTHERMORE, Domain Hosting retains the right to change any or all of the above Policies, Guidelines, and Terms including all Domain Hosting Services and prices without notification. We reserve the right to change or retire any of our Services, Service features and/or prices at any time without further notice. However, if You have purchased a paid Service on a fixed term basis (monthly, quarterly, yearly etc.) then we guarantee the purchase price and features of that Service for the duration of that term unless the Service is in the Termination or Suspension process.
