Terms of Trade Agreement - Web Widgets Ltd
1. You will be deemed to have accepted these Terms of Trade, upon the earlier of any of the following events:
a. Upon commencement of the 30 day free trial;
b. Upon any communication from you (by email, phone, fax or mail) requesting us to begin web development services to you;
c. Upon registration of your domain name
d. Upon payment of the first hosting fee;
2. Web Widgets Ltd does not permit any objectionable material on their web servers. Web Widgets Ltd will not host websites that contain, or link to, any illegal content (under NZ law), nudity, pyramid schemes or gambling. Web Widgets Ltd reserves the right to refuse hosting, or terminate hosting immediately, if they believe the content is objectionable. No discussion will be entered into.
3. Web Widgets Ltd will send you a monthly newsletter if you have opted in or started a trial subscription of our website building service. You may unsubscribe at anytime. If you are a live website hosting customer, we may send you additional messages from time to time where we have important information to disclose to you regarding changes to our account processes, terms and conditions, web hosting or domain services.
5. Web Widgets Ltd is not responsible for any loss of income or any other loss, direct or consequential, suffered by you such as:
a. suspension of your hosting for failure to pay your fees on time
b. any other internet or server outage causing website downtime
c. attacks by hackers, causing damage to your website, our systems, or email deliverability issues
d. bugs in software code that may cause malfunctioning features, or display the incorrect price of goods
e. pricing errors including, and not limited to, calculations of discounts, totals, tax, and shipping, or any pricing update completed by our team.
Web Widgets Ltd will use its best endeavors to provide a minimum of 99.9% availability of your website. If you receive less than 99.9% uptime over a 3 month period, we will give you a hosting credit on a pro rata basis of 10% reimbursement per 1% outage.
If your pricing or order totals are incorrect, then you should identify this issue before sending goods, and you should offer to refund your customers for invalid orders. Web Widgets Ltd will ensure that any bug in software code is remedied quickly once we have been alerted to the problem, and such remedy will not take longer than 2 working days to resolve for critical errors, or within 1 week for features that can be temporarily disabled.
If our team is instructed to make a content or pricing update on your behalf, then we will make our best effort to act on your instructions and avoid making a mistake. We will charge for our time and effort in making a charge, but such a fee does not provide a warranty for errors causing financial loss to your business. After we have completed any update on your behalf, then you should verify that such update was completed to your requirement, and let us know if we have made any error, so that we can rectify such error.
6. Hosting fees are non refundable. You have the option of monthly, six monthly or annual hosting plans. There will be no refund for any unused portion. You need to notify us prior to your hosting anniversary date if you want to change plans, failing which we are not obliged to make any changes. If you have simply overpaid your account, then we can refund the overpayment. Refunds are subject to a $5 or 5% administration fee, whichever is larger.
7. The traffic allowances that apply to your hosting plan are shown on the hosting page. You are required to pay for the costs of any excess traffic on your domain name, and to change to a higher hosting plan in anticipation of a prolonged traffic increase.
8. All fees are charged in advance, with statements posted at the end of the calendar month. You must pay all fees charged to your statement prior to cancelling your hosting, even if you have not yet received the statement.
9. All invoices must be paid in full by the 10th of each month. Interest at a rate of 20% p/a will be payable on all arrears payments, calculated from the date of default until payment. Should we not receive payment by the due date, we may, at our discretion, either cancel your hosting, or renew your hosting for 1 month, with the addition of an NZ$5+gst service fee. We will eventually suspend your hosting should your account remain overdue. Upon payment of receipt of your overdue payment, your hosting may be automatically restarted, resulting in future hosting fees charged. It is your obligation to cancel your hosting if you no longer want your website hosted. You can cancel your website hosting by logging into our CMS and pressing the cancel hosting button, or email us to cancel your hosting.
10. Any expenses, disbursements & legal costs incurred in the enforcement of any rights contained in this contract shall be paid by the Customer, including but not limited to any solicitor's fees, debt collection agency fees and court costs.
11. A deposit of 33% of custom design or development fees are payable in advance before any work commences. This fee is non refundable. At the completion of the design mock-up stage, you may cancel without incurring further expense. Payment of the remaining 67% is required once you authorise Web Widgets Ltd to complete the job. Receipt of this payment is due before the design can be made live.
12. We will provide at least 14 days notice of a domain name renewal date. Domain name fees must be paid within five business days of their expiry date, or your website will go offline due to non payment. You will lose registration rights if you fail to pay your outstanding fees within 90 days after that time. You must notify Web Widgets Ltd before renewal date if you do not wish to renew a domain name, or you may be liable for payment if we have renewed your domain name in good faith.
13. Web Widgets Ltd provides industry standard encryption of credit card details via SSL certificates and security behind a firewall, but Web Widgets Ltd does not accept responsibility for any transactions completed on your website between you and your customers. Without limiting the generality of the this limitation of liability, Web Widgets Ltd is specifically not responsible for transactions occurring through any payment gateways on your website, or by customers placing fake orders, or customers providing invalid payment details, or merchants (or their staff) misusing credit card numbers, or any other monetary transaction on a merchant's website. Web Widgets provides SSL forms for credit card payments, but we do not advise their use, and will not be responsible for any misuse or loss of card details obtained by these means.
14. Web Widgets Ltd is not liable for any loss or consequential loss of any kind due to any cause including but not limited to, lack of server availability, payment gateway interface, application or configuration error, system error or user error.
15. Web Widgets Ltd provides offsite backups, and will restore all websites free of charge in the event of a major catastrophe. However, fees will apply to restore individual websites or data due to customer error, or backup expiry, or non payment, or non communication.
16. We provide email services at no additional charge to our web hosting service. Email errors can happen at several points in the chain. Therefore, we will only provide a level of support to confirm that email was delivered to your mailbox or ISP, and that for any mailbox provided by us, that both webmail and pop3 services are functioning correctly. If you require additional support, then that time is chargeable. If Web Widgets Ltd is at fault, then that time will not be chargeable. We suggest that all businesses ensure they have a local computer technician to diagnose problems on their own network first. An independent professional IT person should be engaged to manage your own computers, your own networks, and your own software choices.
17. Web Widgets provides basic industry standard SEO, which includes selection of page titles, opening paragraphs and meta tags, utilising your key phrases as we think best. Although we may give you advice during this work, our time does not include any training as to the methodologies we use. You may pay for additional training time if you would like to learn how to do this yourself. Our aim is to ensure your chosen pages are included in the search results that are relevant to the keywords. We do not guarantee position. Search engines are third parties who change their rules from time to time. They also have significant stand-down periods before pages are indexed, or re-indexed, and may at times block certain pages. We will ensure that your chosen pages are listed in the relevant search results for the keywords you chose (within three months after any other page on your website has been indexed), or we will refund the SEO fee for that page. The term "listed" does not mean top 10 - it means anywhere in the relevant search results.
18. For any reported bug, you must provide the browser type, website address, page title, and required navigation to reproduce the bug. We will not investigate your problem until we have received that information. We will only provide warranty of service for Internet Explorer, Safari, Chrome and Firefox web browsers. If you require compatibility with other browsers, this testing time will be at your own expense. For some advanced features of our content management system, we will only warranty service for use with Internet Explorer version 6 and above on a Windows machine.
19. Web Widgets staff operate during standard New Zealand working hours and is closed over the Christmas / New Year period. Outside of working hours you should txt/call our emergency mobile numbers for emergency support only. You will be liable for after hours support time at standard hourly rates, with a minimum fee of $100 per hour, if your issue does not relate to server downtime or errors in functionality of contact forms or shopping carts.
20. In any event where Web Widgets Ltd is found in error, any remuneration will be limited to the value of the relevant hosting invoice for the duration of the error. Remuneration will be limited to credits and will not be paid in cash.
21. If using our bulk email delivery service, you must comply with all the terms of the unsolicited messages act, and otherwise act ethically in the use of the service. If we receive several complaints about the misuse of our bulk email service, we may immediately suspend your access to that service.
22.In addition to these Terms, for domain name registrations of ".nz" domains you are also bound by and you agree to comply with the New Zealand policies published from time to time at /termsnz.html and https://www.dnc.org.nz/policies. If you have a .nz domain, then, by entering into this agreement with Web Widgets Ltd, you acknowledge that you have read and
understood the current policies.
23. In addition to these terms, for domain name registrations relating to non .nz domains, you are also bound by and you agree to comply with T&C of the underlying registry used. The registry can change depending on the domain suffix. Grace periods for renewing expired domains may vary by domain suffix, as well as redemption fees for expired domains. In any dispute, Web Widgets Ltd will charge a $50 service fee in addition to any registry imposed redemption fee which will be passed on to you at cost.
24. These terms of trade are governed by New Zealand Law and any dispute will be subject to the jurisdiction of the New Zealand Courts.