Website hosting terms.

 

Agreement

  1. This agreement (“the Agreement”) is between the customer (“the Customer”,”you”) and Mantis Digital Limited (“MD”, “we”,”us”). The terms of trade set out below govern all of the supply of services from us to you.

Services

  1. The services that will be provided to you under this Agreement are website hosting services (“the Services”), the components of which are detailed here.
  2. Any instructions that we receive from you to commence the Services shall constitute an acceptance of this Agreement.

Term

  1. The term of this Agreement shall be twelve months (“the Term”) and shall automatically renew for another twelve month period unless you provide us with at least 30 days’ written notice prior to the expiry of the Term that you wish to cancel the Services.
  2. We will endeavour to provide you with 60 days’ written prior to the expiry of the Term should you wish to exercise your option to cancel the Services.

Fees and Payment Terms

  1. The fee schedule for the Services is available at mantisdigital.co.nz/website-hosting and may be subject to change.
  2. In the instance that agreement to these terms constitutes the first Term of your relationship with Mantis Digital, your historical fee and payment frequency will be retained for the duration of the first term.
  3. The Services shall commence once we have received payment of the Fee plus any additional costs required to establish the Services.
  4. You can elect to pay the Fee quarterly in advance, bi-annually in advance or annually advance (“the Payment Term”). If you choose to pay annually in advance then you will receive a 5% discount off the total Fee.
  5. At the beginning of the Payment Term, we will send you a tax invoice by e-mail to the e-mail addressed supplied setting out the amount due (“the Invoice”). If no e-mail address is supplied then the Invoice will be sent to you by post.
  6. Time for payment of the Invoice shall be of the essence and shall be stated on the Invoice. If no date is specified then payment shall be due within 7 days of the date of the Invoice.
  7. If we have not received payment by the due date then interest will accrue on any unpaid monies at 2.5% per month.
  8. All payments shall be made without deduction or set-off by you.
  9. All prices are in New Zealand dollars.
  10. We reserve our right to alter our prices at any time.

Suspension of the Services

  1. We may, from time to time without notice, suspend the Services or disconnect or deny access to the Services in the event:
    1. of any technical failure, modification, or maintenance involved with the Services;
    2. that you breach the terms of this Agreement; or
    3. that you do or allow to be done anything which in our opinion may have the effect of jeopardising the operation of the Services.
  1. If we deem that you are in breach of the terms of this Agreement or you have done anything which may have the effect of jeopardising the operation of the Services then we may continue to suspend the Services until we determine, in our sole discretion, that you are no longer in breach of this Agreement or that the breach has been remedied.
  2. Where we are required to carry out planned modifications and/or maintenance to the Services we will provide you with 5 days’ written notice of such planned modifications or maintenance and we will endeavour to resume the Services as soon as reasonably practicable.  
  3. Notwithstanding any period of suspension of the Services under this clause you will remain liable for the total Fee.

Fair Use Policy

  1. The Services include data storage and traffic which enables us to provide you and other customers with data transfer. Data-transfer includes bandwidth usage nationally and internationally and is limited to fair use which includes the following:
    1. it is used for your website;
    2. you are not intentionally using excessive bandwidth or disk storage; and
    3. you are not obstructing our ability to provide others with data transfer.

(“the Fair Use Policy”)

  1. If you do not adhere to the Fair Use Policy and this causes interference with other users or adversely affects us we will notify you in writing.
  2. If you continue to breach the Fair Use Policy, we will either work with you to upgrade the Services or impose reasonable limits on your usage.
  3. Whether or not you are deemed to have breached the Fair Use Policy will be determined by us in our sole discretion.
  4. In the instance that your website requires a higher data allowance due to popularity, we will endeavour to anticipate this need and notify you of the corresponding cost increase accordingly.

Termination

  1. We may terminate this Agreement immediately upon written notice to you if:
    1. you default in performing its obligations under this Agreement, and the default, if capable of being remedied, is not remedied within 5 working days from receiving a notice specifying the default and requiring a remedy; or
    2. you default in performing your obligations under this Agreement and the default, in our sole discretion, incapable of being remedied.
  2. Upon termination pursuant to clause 7.1 above, you will immediately pay all amounts outstanding and any other amounts payable by you under this Agreement.
  3. You may terminate Maintenance Services (SEM & Website) associated with your domain at any point, we require a 30 day notice period. No refund will be given for the remaining term of hosting paid for in advance.

Indemnity

  1. You agree to indemnify and keep indemnified and hold us harmless from and against any breach by you of this Agreement and any claim brought against us by a third party resulting from the provision of the Services by us to you and your use of the server, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs and expenses howsoever suffered or incurred by us in consequence of your breach or non-observance of this Agreement.
  2. If you default in the payment of any Invoice then you indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.

Liability

  1. You agree that to the extent permitted by law we shall not be liable in contract, tort, negligence or otherwise arising out of or in connection with work performed for any economic losses (including, without limitation, any loss of profits, business, contracts, goodwill, revenue or anticipated savings) or any special, indirect or consequential losses or any destruction of data arising out of or in connection with the work done, including but not limited to any loss suffered by the you in relation to the Services.
  2. We endeavour to provide you with continuous and uninterrupted Services at all times. You agree that we shall not be liable for any interruption or delay in the provision of the Services as a consequence of:
    1. any act or omission by you or any third party, including any of your employees, contractors or agents, any internet service provide or any other utility provider (such as power and telephone companies); and
    2. any cause that is a result of an Act of God or other circumstance of a similar nature beyond our reasonable control, including interruptions to or surges in power supply, electromagnetic radiation or other electric fault, fire, wind, flood, riot, war, industrial action or defaults of manufacturers, suppliers, shipping agents or companies, government, port or customs authorities, port employees or contractors or transport restrictions.
  3. You agree that our liability under this Agreement shall at all times be limited to the Fee.

General

  1. You will not assign your rights under this Agreement without the prior written consent of MD
  2. This Agreement contains all of the terms of the provision of the Services between the parties and supersedes and extinguishes all prior agreements, discussions, representations and arrangements between the parties about the matters covered in this Agreement.
  3. Any notice to be given by either party to the other may be sent by either e-mail, fax, post or served upon the address of the other party. If sent by e-mail shall, unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post shall be deemed to be served two days following the date of posting. You will be responsible to keep us updated as to any changes to your contact details.
  4. If any provision under this Agreement is deemed to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  5. This Agreement shall continue to remain in force if the business or any part of the business of MD is sold, acquired or merged into another entity.

Changes to Agreement

  1. You agree to be bound by any changes to these terms and conditions as may be updated on our website from time to time and that it is your responsibility to keep yourself informed of these changes.