TERMS AND CONDITIONS CHINESEONLINE NEW ZEALAND

GENERAL HOSTING TERMS AND CONDITIONS
Please read this agreement below in its entirety. All users of our service will be bound by this agreement. These terms and conditions may be modified at any time and without notice.

INTRODUCTION
These standard terms relate to the provision of Internet services ("the Services") to you ("the Customer") by Chineseonline New Zealand whether as principal or agent. First use of the Services shall constitute acceptance and completion of this Agreement ("Agreement").
If you are signing up to our services for, or on behalf of someone else (your are acting as an agent), you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You also agree that all terms and conditions will be passed onto your client to read and agree to. We may require written evidence that you have authority to act as an agent, should any dispute arise.

1. RESPONSIBILITIES OF CHINESEONLINE NEW ZEALAND
1.1 Chineseonline New Zealand will provide the Services with reasonable care and skill. It will use all reasonable efforts to ensure that the Services are reliable at all times. Chineseonline New Zealand do not guarantee that the service it provides will be perfect. When services are disrupted, Chineseonline New Zealand will do its best to reinstate the service to you as soon as it can.
1.2 Chineseonline New Zealand reserves the right at its discretion to make use of any third party to supply any services.
1.3 No agent or representative is authorised to make any representations, statements, conditions or agreements not expressed by Chineseonline New Zealand in writing, nor are Chineseonline New Zealand in any way bound by any such unauthorised statements.

2. USE OF INFORMATION AND CONFIDENTIALITY
2.1 The Customer also acknowledges that all intellectual property rights in the Service(s) and any improvements or changes made by Chineseonline New Zealand to any Service(s) belong to Chineseonline.
2.2 You authorise Chineseonline New Zealand to collect, retain and use any information about you and/or the property which is the subject of the Services for the purposes of performing its Services in terms of this Agreement. Chineseonline New Zealand may also use the information we collect about you for the purposes of checking your creditworthiness and to compile a mailing list to introduce new services to you. Chineseonline New Zealand will not pass this personal information onto any third parties.
2.3 You may obtain access to, and correct, any information held by Chineseonline New Zealand under the Privacy Act 1993.
2.4 Chineseonline New Zealand may refer to the Customer as a user of the Services, but otherwise all terms and conditions of this Agreement shall be kept confidential both by the Customer and by Chineseonline.
2.5 You are entirely responsible if you do not maintain the confidentiality of your password and account.

3. PRICE
3.1 Chineseonline's charges and the basis of those charges for the Services are set out in the plans section of the web site. Unless specifically stated to the contrary, Chineseonline' charges are GST EXCLUSIVE and the Customer must pay any GST payable on the charges invoiced.
3.2 Chineseonline New Zealand will email to the Customer, an invoice for Services provided, which have been recorded by Chineseonline New Zealand as being chargeable to the Customer. Invoices and supporting documentation will be sent in electronic form. If you request that we post you your invoice in the mail, we will charge a $4.44 + GST postage & handling fee on every posted invoice.

4. PAYMENT
4.1 Payment for Services shall be made in full without deduction, set off or withholding whatsoever on or before the Due Date as specified on the invoice. If no due date is specified, payment will be required by the 20th of the month. If domain registration is required, payment will be required before domain registration can be processed. All domain registration fees are required to be paid within 7 days of being invoiced. All website hosting fees are to be paid on the 1st of the month.
4.2 Interest may be charged on any amount owing after the Due Date at the rate of 5% per month or part month. Interest will accrue from the Due Date to date of actual payment. Interest on unpaid accounts is compounded monthly.
4.3 If the Customer fails to make payment to Chineseonline New Zealand for any Service(s) by the Due Date, Chineseonline New Zealand reserves the right to suspend provision of that and any other Service(s). This will include locking all FTP and email accounts, and forwarding your website URL to our 'suspended account' page. If we do not receive the overdue payment after a further 7 days, the account may be cancelled and deleted. This means that all files, folders and information will be lost. Accounts that repeatedly become overdue for a period of 7 days may also be subject to a further $20 + GST fee before they can be reactivated. We will not be responsible for any losses as a result of us taking this step.
We work on a 'three strikes and you're out' policy for payment of your account. If your account becomes overdue for a third consecutive time in a row, your account will be suspended immediately and incur the $20 + GST reactivation fee. Chineseonline New Zealand reserves the right to refuse reactivation of an account if the account repeatedly becomes overdue.
4.4 Any expenses, disbursements and legal costs incurred by Chineseonline New Zealand in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable solicitor's fees or debt collection agency fees. In addition, Chineseonline New Zealand may require a deposit from the Customer as a condition of lifting any suspension imposed under this clause.
4.5 Chineseonline New Zealand does not offer credit to its customers.

5. LIABILITY
5.1 Our services are used at the customers risk. In no event shall Chineseonline New Zealand be liable to the customer for any damages, including but not restricted to consequential losses, loss in profits, resulting from or related to any failure or delay to provide service under this Agreement. Such delays or failures may include Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.
5.2 Where any Service is acquired for business purposes, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of that service.
5.3 No claim for damage, loss or injury direct or indirect against Chineseonline New Zealand in respect of any Service(s) supplied by Chineseonline New Zealand shall in any case exceed either the re supply or the cost of re-supply of the Service(s) giving rise to the claim against Chineseonline New Zealand and Chineseonline New Zealand reserves the right to elect either option at its complete discretion. In any case and in respect of which such damage that shall arise and to the fullest extent permitted by law Chineseonline New Zealand will exclude any liability for:
a) Any loss, damage or injury of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from services provided by Chineseonline New Zealand to the Customer and without limiting the generality of the foregoing of this clause Chineseonline New Zealand shall not be liable for any consequential loss or damage of any kind whether direct or indirect including without limitation any financial loss; and
b) Any claim in contract, or in tort, or otherwise for any loss, damage, or injury beyond the cost of re-supply of the Service(s) provided by Chineseonline New Zealand to the Customer.
c) All liability of any kind (including but not to negligence) on the part of any third party network operator, its officers, employees, contractors, and agents however arising in the provision of services by such network operator to Chineseonline. This exclusion is included by Chineseonline New Zealand as the agent of such persons for their benefit and may be enforced by them as a complete defence to any claim.
5.4 The Customer shall indemnify us against all claims of any kind whatsoever however caused or arising (including without limitation all sums paid to compromise or settle claims, proceedings and actions out of court) and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of us or otherwise, brought by any person in connection with any matter, act, omission, or error by us our agents or employees in connection with the services.
5.5 We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

6. RESPONSIBILITIES OF CUSTOMER
6.1 In addition to any other clauses in this Agreement imposing responsibilities or obligations upon the Customer, the Customer shall not:
a) Use or permit the Service(s) to be used in any way which is;
b) illegal, in any way abusive or which constitutes harassment or which causes harm or damage of any sort or contravenes the "Acceptable Use Policy" of that Service; or
c) could potentially damage the Chineseonline New Zealand Network or that of any other operator.
d) publish any material that infringes any copyright, trademark, patent, common law, or the rights of others.

6.2 The Customer shall:
a) Pay to Chineseonline New Zealand all charges that are invoiced by Chineseonline New Zealand to the Customer on or before the Payment Due Date. Our services all operate on a pre-paid basis. This means you must pay for all services in advance.
b) Ensure that all information about the Customer is accurate, complete and up to date. If the customer moves premises or postal address changes, the customer must inform Chineseonline New Zealand as soon as possible. Most importantly, this includes your email address, which is our primary source of communication for invoicing and keeping you up to date.
c) Use the Service(s) for the purpose(s) for which they are provided, and in accordance with Chineseonline' instructions.
d) Accept liability for and indemnify Chineseonline New Zealand against any costs, expenses or damages incurred by Chineseonline New Zealand as a result of the customer failing to comply with the terms of this clause.
e) Accept responsibility and liability for any use of Services by the Customer, its agents, employees or assignees as well as any third party whether authorised by the Customer or not on the Customer's premises or over whom the Customer otherwise has control and the Customer shall indemnify Chineseonline New Zealand from any loss, damage, liability or expenses incurred by any other person arising from the use or attempted use of the Service(s) by the Customer its agents, employees or assigns as well as any third party whether authorised by the Customer or not on the Customer's premises or over whom the Customer otherwise has control.
f) keep all your private access details (eg. usernames and passwords)supplied by Chineseonline New Zealand , confidential.
g) keep back-up copies of all files you publish or store on the servers.
h) regularly download their email, and shall not store email on our server for longer than 30 days. We reserve the right to remove stored email without notice. We recommend that you download your email at least once a day from the server, especially if you receive high volumes of email.
i) not use the server to storage of file archives.
j) not offer free email services, or resell email accounts.

6.3 The Customer agrees to accept these Terms and Conditions from the date this Agreement is entered and first use of service shall constitute acceptance and until this Agreement is terminated in accordance with the provisions of clause 12 herein.
6.4 It is the responsibility of the customer to keep updated and stay informed. The Customer is responsible to make sure that they are up to date with the latest developments, these announcements can be found on our Members Areas on our website. All correspondence of any sort that is not personal in nature will be posted on the www.chineseonline.co.nz website.
6.6 These terms and conditions may be modified at any time and without notice. All users, both previous and new are always subject to the newest terms posted here at all times. If any modification to these conditions is unacceptable to you, your only recourse is to terminate this agreement.

7. PROHIBITED ACTIVITIES
7.1 For a list of activities that are prohibited on our network, please click here.
7.2 Spam & Unsolicited Email Advertising- We will in no shape or form tolerate spamming of any kind. We, Chineseonline New Zealand reserve the right to suspend or terminate any account without notice or warning that violates this rule. Use of Chineseonline New Zealand servers signifies acceptance and comprehension of this and every other condition. Chineseonline New Zealand reserve the right, and at our option may charge $NZ100.00 per genuine Spam complaint we receive. This fee is non refundable and will may be invoiced at the time of any genuine complaint notice. For read our full Anti-Spam policy, please click here.
7.3 Email - You acknowledge that Chineseonline New Zealand may establish certain limits on use of the service at any time, without limitation to any aspect of the service you are provided at no charge. You will be advised of any limits to be placed on you, by an announcement on our website at www.chineseonline.co.nz. Your ongoing use after delivery of this notice to you constitutes your acceptance of this limit and/or any related charges.

8. OTHER TERMS
8.1 Other terms may apply to some of the services provided by Chineseonline New Zealand to you. Chineseonline New Zealand will inform you about the terms that apply in those circumstances. For a full list of the documents that make up our Terms and Conditions, please click here.
8.2 Website Backups - As the owner of your website / hosting package or reseller website / hosting package, backups are your responsibility (or your customers). This means that you must ensure that you and your customers have up to date and current backups of your / their own site/s or those under your control. When possible, Chineseonline New Zealand makes data backups weekly, while our US datacentre makes monthly backups, which are stored off site. Customers will not have direct access to these server backups. We under no circumstances guarantee the integrity of these server backups in the event that you may need us to access them to restore your website. We also do not guarantee that any form of backup will be available at any time. We must stress that any backup that our datacentre does, are not to be relied upon under any circumstances, as website backups are the responsibility of the customer (website owner), and not Chineseonline New Zealand . We strongly advise that you backup your own website/s and any associated website data, including but not restricted to, databases and email, as often as is required, to ensure that you always have the latest possible copy of your website/s. Website backups can be made by either FTP, or via the website hosting console.
We are not liable under any circumstances, for any associated costs in restoring customers backup data to the server. Restoration of any backup data, to get the customers website working again, is solely the responsibility of the customer.

9. COMPLIANCE WITH REGULATIONS AND ACCEPTABLE USE
9.1 You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the services.
9.2 Chineseonline New Zealand will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws.
9.3 Chineseonline New Zealand may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with Chineseonline New Zealand Terms. Chineseonline New Zealand may pass on any material or information it finds as a result to the relevant authority if Chineseonline New Zealand suspects any illegal or offensive activity is involved, and you will have no claim against Chineseonline New Zealand for this.
9.4 Chineseonline New Zealand reserves the right to monitor the customers use of services at anytime with regard to reasonable usage. If it deems your usage is in excess of reasonable, and/or it solely places a strain on Chineseonline's resources or services to its existing or perspective clients, Chineseonline New Zealand reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing and terms and conditions. In the meantime we reserve the right to suspend services until the new plan changes take effect.

10. DISPUTED ACCOUNTS
10.1 If the Customer wishes to dispute any item appearing on an invoice rendered by Chineseonline, the Customer must write to Chineseonline New Zealand and seek resolution of the disputed amount by the Due Date. The Customer must pay any undisputed amount by the Due Date. If, having reviewed the invoice, Chineseonline New Zealand agrees that there is a mistake, the mistake will be corrected as soon as reasonably possible. If Chineseonline New Zealand finds on review of the invoice that there is no mistake, the Customer must pay the outstanding sum immediately on being notified of Chineseonline' finding, or on or by the Due Date, whichever is the later.

10. JURISDICTION
10.1 The law of New Zealand shall apply to this Agreement.

11. ENTIRE AGREEMENT, VARIATION AND NON-WAIVER
11.1 This Agreement contains all of the terms, representations and warranties made between Chineseonline New Zealand and the Customer and supersedes all prior discussions and agreements covering the subject matter of this Agreement.
11.2 No variation or waiver of any provision of this Agreement shall be recognised or binding on Chineseonline New Zealand unless it is in writing and signed by an authorised representative of Chineseonline.
11.3 Failure by Chineseonline New Zealand to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of the rights or obligations Chineseonline New Zealand has under this Agreement.
11.4 If any provision of this Agreement shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12. SUSPENSION OR DISCONNECTION
12.1 Chineseonline New Zealand reserve the right to suspend or disconnect you from the network, if you do not meet any one or more of your responsibilities under this contract. Chineseonline New Zealand may also discontinue any other services we provide to you at any time. In that situation Chineseonline New Zealand may also terminate our contract with you. These forms of action may be enforced by us without prior notice.
12.2 Chineseonline New Zealand may also suspend or disconnect you from the network if a carrier supplying services to Chineseonline New Zealand suspends or interrupts its service to Chineseonline New Zealand and that suspension or interruption affects Chineseonlines ability to provide the services to you.
12.3 Chineseonline New Zealand may also suspend or restrict a service in an emergency or whenever Chineseonline, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
12.4 If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a re-commencement fee before you can use our services again.
12.5 Normal charges will usually continue to apply, during your suspension or disconnection from our network.

13. TERMINATION
13.1 Either Chineseonline New Zealand or the Customer may terminate this Agreement at any time upon giving written notice of its intention to do so. We require that you contact us via email at least 10 working days before the end of your current billing cycle, to prevent you being charged for the next billing cycle (Hosting Account Cancellation Application is displayed at the end of this section). Once your account cancellation application has been received, our agreement will end and all charges will cease at the end of your current billing cycle, provided you have paid Chineseonline New Zealand in full all outstanding amounts due.

Chineseonlines postal address for cancellation of services is P.O. Box 47-116, Wellington, New Zealand. If any Chineseonline New Zealand service has a minimum term, the customer shall be liable to pay the monthly charges, as specified for that service, for the full term of the contract.

Failure to contact us to cancel your account will mean that your account will remain active, and you will continue to be charged a monthly hosting fee.
13.2 Right to Refuse: Chineseonline New Zealand may at any time and without notice to the customer, cancel, reject, or refuse to continue hosting any Websites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any Website.
13.3 Chineseonline New Zealand reserves the right to terminate this Agreement immediately if any of the following occurs:
(a) The Customer commits any material breach of this Agreement which is incapable of being rectified or which is not rectified within thirty (30) days of written notice being given to the Customer by Chineseonline;
(b) The Customer commits three or more material breaches of this Agreement where notice has been given as stipulated in clause (a) above in any twelve (12) month period;
(c) The Customer becomes insolvent or has a receiver or manager of any asset of the Customer being appointed or an order or resolution passed for the liquidation of the Customer.
(d) The customer attempts to make contact with any of our upstream providers. All correspondance must be made through Chineseonline New Zealand , or divisions of Chineseonline New Zealand , and not through our upstream providers.
13.4 Termination of the Agreement by Chineseonline New Zealand in this way shall not affect the rights or obligations of the parties in relation to any Services provided up to the date of termination.
13.5 Any cancellation or suspension under this clause shall not affect Chineseonline's claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this Agreement or your obligations to this Agreement.
13.6 Where the Customer terminates this agreement, the Customer is responsible for moving their website and any information stored on the servers, and arranging for the alteration of the DNS settings, before the end of their billing cycle. The customer also needs to make sure that automatic payments are cancelled, as any payments made in error are non refundable. Chineseonline New Zealand will not be liable for any loss of service or data after the contract has terminated.
Hosting Account Cancellation Application:
To cancel your hosting account, you must fill in our 'Hosting Account Cancellation Form', which can be found by clicking here.
We need to receive your cancellation request, at least 10 days before the end of your current billing cycle, otherwise you will be charged for the next months hosting. For your reference, our billing cycle starts on the 1st day of the calander month, and ends on the last day of the calander month, and is prepay. Please note that we don't provide pro rata refunds, for any unused part month/s of hosting.
Unless a request is made by the account owner for the hosting account to be cancelled via our 'Hosting Account Cancellation Form', we will continue to bill you for your hosting account.
If customer wishes to re-instate a cancelled account they may do so within 10 days of cancellation. If the customer decides to revoke the cancellation of their account, the customer will be charged $20.00 per account prior to re-instatement of their account. Once we have received payment, customer's account will be reactivated within 2 working days.
Once your hosting account has been cancelled, please make sure that you pay us any hosting fees due. If you have setup regular automatic payments into our bank account for your website hosting, please make sure that you cancel these with your bank once your account has been cancelled. Cancellation of automatic payments is done with your bank. If we continue to receive automatic hosting payments, we will continue to keep your webhosting space active for you.

14. WARRANTIES
14.1 No representation, condition, warranty or promise expressed or implied by law or otherwise applies to services except where expressly stated in this Agreement.

15. FORCE MAJEURE
15.1 We shall not be liable to you for any loss or damage directly or indirectly, arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, failure of upstream providers, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.
15.2 Nothing in clause 15.1 shall excuse the Customer from any obligation to make payment of sums owing to Chineseonline New Zealand when those sums are due and owing to Chineseonline New Zealand under this Agreement.

16. ASSIGNMENT
16.1 The Customer shall not assign all or any of its rights or obligations under this Agreement without the written consent of Chineseonline.
16.2 Chineseonline New Zealand reserves the right to assign its rights under this Agreement without the written consent of the Customer.

17. NOTICES
17.1 Any notice given pursuant to this Agreement will be deemed to be validly given if personally delivered, posted or forwarded by facsimile to the address of the party to be notified, or forwarded to the Customer's last known e-mail address.
17.2 Any notice given to this Agreement will be deemed to be validly given ;
a) In the case of delivery, when received;
b) In the case of facsimile transmission, when sent provided the sender has a facsimile confirmation receipt recording successful transmission;
c) In the case of posting, on the second working day following day of posting.
d) In the case of email, on receipt of delivery confirmation.

GENERAL WEB DESIGN TERMS AND CONDITIONS

1. Any discounts, prices or specials are subject to change without notice.

2. Payment terms will be outlined in your proposal and failure to comply with them will result in the possibility of a 10% surcharge added on to any additional penalties outlined in your contract. or proposal.

3. At a basic level, the majority of our "design services" include implementation into the main index page, date-based archive page, individual entry page, category archive, comment and trackback pages, as necessary. Pages in addition to these (i.e. an "about" page or "links" page) will be priced accordingly. All "commercial" blog sites or websites are considered custom work and do not fall into the above description. These sites will be quoted on a per project basis.

4. Some of our design services include complimentary installation of Content Management System software, if necessary. Chineseonline. does not obtain the proper licensing for such software, and it is the client's responsibility to obtain proper licensing, which may include payment for software to the software company. Our prices do NOT include any licensing fees that may be associated with acquiring Content Management System software, unless otherwise noted in your proposal or quote.

5. Any design, production, development or technical support that is provided to the client or the client's website requires a reciprocal link on their website via a text link to www.chineseonline.co.nz unless other arrangements have been made a head of time. The client unconditionally guarantees that links back to Chineseonline. will remain on their site for the entire duration that the site design is live. The link should remain where the designer originally placed it. Removal of this link is a direct violation of this agreement and is subject to a breach of contract.

6. Chineseonline. web site designs are tested in the following browsers for compatibility: The latest versions of Internet Explorer, Netscape, Mozilla FireFox, Opera, and Safari. We are pleased to offer additional browser/platform testing (IE6, Camino) for a small fee per browser.

7. When/If we obtain imagery for your project, we use images that come from free or low-cost stock imagery sites that allow a royalty-free license. However, many of our clients provide us with their own imagery. We will not personally acquire rights-protected images for use in a client project, and clients who request use of and send us images that are licensed assume all risk of liability in using such images.

8. Your site back up is something you are responsible for maintaining. Chineseonline. might be able to provide you with backup files from the design stage, but there is no guarantee.

9. Any changes made to a design or software's back end (including, but not limited to style sheet coding, code changes, plugin modifications) after a project's completion are the sole responsibility of the client. If the client requires assistance with undoing or fixing such changes after project completion, we reserve the right to seek payment for such assistance.

10. Any redistribution in any manner (including not-for-profit means) of the design and site created for you is strictly prohibited.

11. All work is nonrefundable. In certain circumstances a designer may issue a credit.

12. Chineseonline. and its designers reserve the right to use all created work by Chineseonline. in a portfolio or for self-promotion purposes.

13. All content on this site, including graphics, text, copy and concepts is protected by standard copyright laws. Reproduction of our site and its content in any manner is strictly prohibited by law.

14. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Chineseonline and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

15. Your purchase of design or other services from Chineseonline. and its designers acknowledges compliance with all terms and conditions stated above.