4success Limited is referred to as "we" or "4success" in this document, and Client is referred to as "you".
01. Our Services
4success provides a range of Internet products and services, including: web hosting, email, domain registration, web site design and development and content management.
When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.
We retain the right to refuse service to anyone at any time.
02. Payment for Services
Our services all operate on a pre-paid basis. This means you must pay for all services in advance for a minimum of 12 months. Additional discount can be agreed for longer prepaid options.
Invoices for due amounts are generated monthly or yearly. You will be invoiced again on the renewal date of your account. You can pay for your account by Direct Credit to 4success Ltd's nominated bank account (note cheques not accepted_. We do accept credit card payments via paypal..
You will receive invoices by email.
Payments are due 7 days following the date of the invoice, and email notification will be sent to you by email if payments are overdue.
If you fail to make payment within 21 days we may suspend or restrict the services on your account. Any restoration of suspended services will incur service charges.
It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.
You will be responsible for any costs incurred to recover your debt.
No credit will be provided for early termination of services.
03. Cancellation of Services
You agree to give at least 30 days notice of cancellation of services.
Notice must be made by post or email, and either by the account holder (the contact person listed in our records) or a company director.
You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.
04. Our Responsibilities
We agree:
(a) to provide high performance Internet services to you;
(b) to be available during business hours by telephone for support and inquiries;
(c) to be available by email at all times for support and inquiries;
(d) to correct all problems as soon as they occur;
(e) to provide notification of any scheduled outages;*
(g) to respond as soon as we can to emergency support requests;
(h) to bill you correctly for the services you subscribe to; and
(i) to keep all system software and systems up-to-date. (excludes web site software - except where specific maintenance contracts are in place)
* excludes network downtime that is beyond our control (third-party).
05. Your Responsibilities
You agree:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential;
(d) to keep back-up copies of all files you publish to our servers;
(e) to download your mail regularly; and
(f) to not store mail on our server for longer than 30 days (or it may be removed without notice).
(g) not to hold 4success Ltd or associated parties responsible for any site hacked while hosted or maintained by 4success. Refer section 12.
(h) keep all passwords and userids secure.
We prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of music, videos, images, without permission.
(f) IRC clients, bots, servers.
We also prohibit the use of our servers for:
(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.
We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.
If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material. We also reserve the right to remove any material we deem as prohibited material.
06. Retrieval of Access Details
If you lose your access details there are three things in the following order you can do:
(a) request an automatic password re-send, if available;
(b) phone or email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
07. Changing Your Details
We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
08. Our Liability to You
As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.
09. Resale of our Services
If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:
(a) there is no direct relationship between us and your client;
(b) you will not refer your customer to us for support services;
(c) you will make it clear to your client that you are the contact for all purposes; and
(d) this agreement also applies to your clients.
10. IP Addresses 4success maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.
11. Compliance with Law
You agree to use our services in a manner consistent with all applicable New Zealand and/or Australian laws. If you wish to make a claim against us you must do so in a New Zealand court.
12. Web site hacks or security breaches.
Due to the nature of web technology security issues, 4success will not be held liable for any damage caused by outside parties to a web site or components of, which has been hacked, defaced or compromised. In the case of a site hack or deface occurring we will carry any restoration work to bring back the site to the most recent valid back up in a timely manner. We will carry out investigations to try and determine cause of security breach which allowed the hack to take place and carry out reasonable remedial work as required to clear up the security issue.