Simple Hosting - Terms and Conditions of Service
Simple Hosting agrees to furnish services to the Client, subject to the following User Agreement.
| 1. | Definitions | |
| a | Simple Hosting Any reference to Simple Hosting is deemed to include, its directors, employees, and organisations that supply services to Simple Hosting. |
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| b. | Client The person or persons, organisation, company, partnership and or group of individuals that are a party to using the services offered by Simple Hosting. This also includes the Client's directors, servants, agents or employees |
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| c. | Services The services plan offered by Simple Hosting on the Simple Hosting Web Site or via a quote presented by a Simple Hosting authorised representative. |
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| d. | Notice The Client is deemed to have been "given notice" under this agreement when an email is sent to the primary email address maintained by the client. The Client is also requested to maintain a secondary email account independent of our current service. |
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| e. | Agreement Any reference to "Agreement" is deemed to include this entire User Agreement and the written quote offered by the Simple Hosting website and/or a quote presented by an authorised representative of Simple Hosting. The Client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing. |
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| f. | Currency All reference to fees and charges in this agreement with the exception to the quoted service fees or where specifically stated, are expressed in New Zealand Dollars. Clients will be invoiced if the equivalent amount in the currency quoted in the service fees. Simple Hosting will refer to a credible financial Institution to determine the exchange rate. |
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| 2 | Acceptance of this Agreement | |
| The use of Simple Hostings services is deemed to constitute acceptance of this Agreement. The person or persons that initiate the acceptance of this agreement asserts that he or she does have the authority within the Clients organisation to accept such an agreement on the clients behalf. | ||
| 3. | Variations to this Agreement | |
| Simple Hosting reserves the right to unilaterally vary the terms, fees and conditions contained in this Agreement at any time without prior notification to the client of it's intention to do so. However, upon any variation the Client will be notified by Simple Hosting, detailing the variations made and the client will be deemed to have accepted the variation unless notice of termination is received by Simple Hosting within 7 days of the notice of variation. | ||
| 4. | Period of the Agreement | |
| This Agreement remains active for the time specified by the client when applying for Simple Hostings services. The Agreement is automatically renewed upon expiry of each term of the agreement, unless terminated in accordance with this agreement. | ||
| 5. | Termination of the Agreement | |
| Unless otherwise stated this Agreement may be terminated at anytime upon giving thirty (30) days notice in writing by, Post, Fax or via a web page specifically designed for the purpose on the Simple Hosting Web Site. Upon termination or suspension of this agreement by Simple Hosting, the Client will be notified by email. | ||
| 6. | Governing Law | |
| This Agreement shall be subject to the applicable laws of New Zealand. From time to time laws affecting services provided to Simple Hosting from other parts of world may also have an impact on this agreement. Simple Hosting reserves the right to terminate this agreement without prior notice if Simple Hosting considers that any of these laws may have been broken. | ||
| 7. | Privacy | |
| The Client understands that the Clients account information may be held on servers located anywhere in the World. Simple Hosting will make every reasonable effort that Simple Hosting deems necessary to secure personal information. The Client may at anytime request a free copy of all information held by Simple Hosting on the Client. Simple Hosting will not make your account information available to any other organisation, except those required to provide services to the Client and requests from law enforcement authorities. | ||
| 8. | Limitation / Disclaimer of Liability. | |
| Simple Hosting does not represent or warrant to the
Client that the Client will receive continual and uninterrupted services.
In no event shall Simple Hosting be liable to the Client for any damages resulting
from or related to any failure or delay of Simple Hosting ability to provide
services under this Agreement, if such delays or failures are due to causes
beyond Simple Hosting's control, such a failure or delay shall not constitute
a default under this Agreement. Neither Simple Hosting, its directors, servants, agents or employees shall be in any way liable for any loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the Client out of, in connection with or reasonably incidental to the provision of the services by Simple Hosting to the Client. The Client further acknowledges that Simple Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Simple Hosting be liable for any special or consequential damages, loss or injury. |
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| 9. | Variation of Service Plans | |
| The Client acknowledges that the specified rates and charges may change from time to time. These changes will take effect upon the next automatic renewal of this agreement | ||
| 10. | Payments | |
| Upon receipt of payment Simple Hosting will create the Clients Account. Subsequent payments for the following periods of the agreement are due on the date of renewal of this agreement. Accounts not paid by due date are subject to a $20 late fee. Accounts outstanding for more than 21 days will be suspended and an additional $20 reconnection fee will apply. Accounts outstanding for more than sixty (60) days will be transferred to a collection agency at the clients expense. | ||
| 11. | Legal expenses | |
| If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, Simple Hosting will be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the Client, as well as any reasonable solicitors' fees and costs that Simple Hosting incurred prior to commencing the proceeding. | ||
| 12. | Refund and Disputes | |
| Simple Hosting will provide a refund for services paid for and not made available to the Client as per this Agreement. The amount of refund will be determined by Simple Hosting. All billing disputes must be reported within 60 days of the time the incident occurred. | ||
| 13. | Technical Support | |
| Simple Hosting will provide e-mail support to our Clients for server related enquiries | ||
| 14. | SPAM and Unsolicited Commercial Email (UCE) | |
| Simple Hosting reserves the right to suspend or terminated this agreement without prior notice if the account is deemed by Simple Hosting to be involved in or associated with the sending of SPAM or Unsolicited Commercial Email. | ||
| 15 | IP Address Ownership | |
| All IP Addresses issued by Simple Hosting will always remain the property of Simple Hosting. The Client accepts that these IP addresses may be changed or withdrawn at anytime. | ||
| 16 | Resource Usage | |
| The Client acknowledges that Simple Hosting offers services on shared resources and if Simple Hosting deems that a script installed by the Client on the Server places an undue burden on resources that affect the performance of other Clients, Simple Hosting reserves the right to suspend or terminate that account. | ||
| 17. | System and Network Security | |
| Clients are prohibited from violating or attempting to violate the security of the Simple Hosting Network. Simple Hosting reserves the right to suspend or terminate any accounts that it deems may have been involved in or associated with violations of system or network security. | ||
| These violations include, without limitation | ||
| • | Accessing data not intended for such Client or logging into a server or account, which such Client is not authorised to access. | |
| • | Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation | |
| • | Attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". | |
| • | Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting | |
| • | Taking any action in order to obtain services to which such Client is not entitled | |
| • | Denial of Service Attack | |
| • | Any activity deemed by Simple Hosting to have been designed for harassing or harming others. | |
| 18. | Acceptable Content | |
| The Client shall not knowingly or unknowingly allow the publication of the following types of material through Simple Hosting service; | ||
| • | Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others | |
| • | Any material that is libellous or slanderous | |
| • | Any material which is or contains anything obscene or pornographic, including Child Pornography / Violence | |
| • | Fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes," and "chain letters". | |
| • | Information on how to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Simple Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited. This includes Hacking, hackz, crackz, passwordz sites | |
| Simple Hosting reserves the right to suspend or terminate the account found to contain this type of material | ||
| 19 | Suspension of Servers or Termination | |
| Simple Hosting reserves the right to suspend network access to any Client if in the judgment of the Simple Hosting the Client's server is the source or target of the violation of any of the terms of this Agreement or for any other reason which Simple Hosting chooses | ||
| 20 | Third Party Activity | |
| Clients will be held responsible and accountable for any activity by third parties, using their account that violates this Agreement | ||
| 21 | Waiver of Agreement conditions | |
| If Simple Hosting on an occasion waivers of any section of this Agreement for the Client, despite how many times it may occur, It shall be considered a once only event, and that section shall be remain active for the remaining period of the agreement | ||
| 22. | Transfer | |
| The Client shall not transfer or assign this Agreement without the prior written consent of Simple Hosting. Simple Hosting may assign this Agreement at anytime without consent from or notice to the Client. Simple Hosting reserves the right to cancel customers rights under this contract at anytime without further obligation. | ||
| 23. | Severability | |
| Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement. | ||
| 24. | Survival of Certain Provisions | |
| Each indemnity under this Agreement is a continuing indemnity and shall constitute a separate and independent obligation of the party giving the indemnity from its other obligations under this Agreement and unless a contrary intention is indicated shall survive the termination or completion of this Agreement. | ||