Terms and Conditions
CompleteHost provides a range of Services for Customers ("Customer") to purchase from CompleteHost. These terms and conditions relate to all who use CompleteHost and acquire or use any of our Products and/or Services (“the Product”).
Additional terms may apply to some of our Products and/or Services. We will tell you when additional terms apply. Sometimes we may make special offers which are subject to other terms. If you accept one of those special offers, then the terms and conditions of that offer will also apply.
When a Customer subscribes to any Products and/or Services it is acknowledged and agreed by the Customer to be solely on the following terms and conditions:
All Services are provided on an "as is, as available" basis.
1.1 To the extent that there is any uncertainty in the construction of the terms of this contract, the definitions listed in Schedule 1 shall be used to construe the proper meaning of the terms of this contract or the terms shall be construed in the ordinary meaning.
1.2 CompleteHost gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of services by CompleteHost or its providers for any amount greater than the fees paid by the Customer to CompleteHost for the services. The Customer irrevocably, waives all right to claim reimbursements for lost business income as a result of interruptions to Product/Services provided by CompleteHost.
1.3 The Customer warrants to CompleteHost that they will use the Product/Services provided by CompleteHost in a manner consistent with the laws of New Zealand and any local laws to which the Customer is subject in its use of the Internet. The Customer further indemnifies CompleteHost against all liability for the illegal use of the Internet and any criminal, civil or other sanctions which may result from the illegal use of the Internet in any and all jurisdictions in which Customer operates using CompleteHost’s Network in any way.
1.4 You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the services for the purposes of a business.
1.5 While we take all reasonable security precautions, the nature of telecommunications services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our Product/Services.
1.6 We may vary the Product/Service or price from time to time, or decide to stop providing a particular Product/Service. We will notify you prior to making a variation to your Product/Services via email.
2.1 While CompleteHost makes every reasonable effort to protect data stored in it's Datacentre, CompleteHost accepts no liability for the Customer’s data residing on any equipment in any way. The Customer is solely responsible for maintaining backups.
2.2 The Customer agrees that a minimum charge of $120.00 + GST may be applied per incident to restore The Customer's data where possible.
2.3 The Customer agrees that the scope of CompleteHost’s backup and scheduling of backups shall be at its sole and exclusive discretion and that the Customer waives any legal right or objection in relation to CompleteHost's decisions in relations to these matters.
The Customer agrees that CompleteHost shall not be held liable for the retention and or restoration of any data held on its servers at any time.
3.1 This contract may be terminated by CompleteHost without cause, by giving the Customer notice.
3.2 If the Customer pays annually and wishes to cancel the service before their next due date; In such case, CompleteHost shall not refund any monies for the remaining period.
3.3 CompleteHost may, at its sole discretion, cancel an account at any time if, in its opinion, the Customer has failed to abide by this contract or the Acceptable Use Policy or any other policy relating to CompleteHost’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of CompleteHost. In such case, CompleteHost shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
3.4 The Customer must give 30 days written notice via email to firstname.lastname@example.org before cancellation of any service takes place.
3.5 In such cases, if the service is cancelled without due notice by the Customer, CompleteHost is not responsible for saving or returning any data, files or directories.
3.6 CompleteHost will be entitled to payment for the balance of the month where less than the one month’s notice is given.
4.1 The terms of payment by the Customer to CompleteHost are:
(a) The Customer will be billed one month in advance from the date the service becomes active.
(b) All prices stated on CompleteHost's website are in New Zealand dollars and exclude GST.
(c) All prices are subject to change with 14 days advance notice from CompleteHost. Prices may increase due to increased operating costs, for example: power, bandwidth and or administration costs, and at CompleteHost’s sole discretion.
(d) CompleteHost only accepts payment by Visa or MasterCard, Cheque, Direct Credit, Automatic Payment and Phone-In Credit Card.
(e) If the Customer's payment is not received for an invoice by the due date shown on the invoice, services WILL be suspended or even terminated (at the discretion of CompleteHost).
(f) A late payment fee of 11% per invoice will be applied to the Customer's overdue invoice seven days after the date on which payment was first due.
4.2 If you are in arrears and past a due date by eight days, CompleteHost WILL hand the Customer's accounts/records/logs and other information over to it's debt collection agency (Impact Financial Services) and the Customer will be liable for all costs incurred in recovering the debt.
4.3 CompleteHost reserves the right to terminate this contract as a result of any late payment by the Customer, without notice.
4.4 If the Customer fails to make payments on time each month, CompleteHost WILL require the Customer to pay a deposit as a condition to keeping your account open.
4.5 CompleteHost does not offer any credit services to it's Customers.
5.1 The Customer agrees to indemnify, defend and hold CompleteHost and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor's fees related to the Customer’s breach of this contract.
5.2 Notwithstanding anything else in the contract, CompleteHost shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the CompleteHost Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
5.3 The Customer shall immediately indemnify CompleteHost against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:
(a) The breach by the Customer of any of its obligations under the contract; and
(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.
5.4 The Customer agrees that CompleteHost shall not be liable to the Customer for any force majeure event (unavoidable event) being any situation (other than a failure to pay money due to the other party) in which CompleteHost fails to comply with its obligations under the contract due to anything beyond its reasonable control.
5.5 The Customer agree that CompleteHost shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the contract other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of CompleteHost in writing or expressly incorporated or referred to in the contract.
5.6 This contract represents the entire understanding between Customer and CompleteHost, regarding Customer's relationship and supersedes any prior statements or representations.
6.1 CompleteHost gives no warranties in relation to any of the Product/Services content, goods or services provided through its websites. CompleteHost does not guarantee in any way the merchantability, quality or use of Products purchased through the site.
6.2 The Customer warrants that the they are in possession of the following and that they waive any legal right to claim against CompleteHost in relation to loss of damage resulting from the absence of the following:
(a) An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) A fully functional Internet browser;
(c) Suitable and necessary tools to develop and publish content; and
(d) Tools with which to access database servers.
11.3 The Customer warrants that:
(a) The Customer has full power and authority to enter into and perform the contract;
(b) All information provided by the Customer to CompleteHost shall be complete, accurate and not misleading;
(c) The Customer will comply with all its duties under any data protection laws and regulations applicable to the Customer’s operations;
(d) The Customer’s performance of its obligations under the contract will not infringe the Intellectual Property Rights of CompleteHost or any third party; and
(e) None of the information or materials supplied by the Customer to CompleteHost shall be libelous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.
6.4 The Customer agrees that all conditions, warranties, representations or other terms concerning the supply of the Product which might otherwise be implied or incorporated into the contract or any collateral contract, whether by statute, common law, custom or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
6.5 The Customer should have their own insurance organised for their owned equipment stored or hosted at CompleteHost's datacentre's.
7.1 The Product/Services provided from or through its website by CompleteHost is provided on an "as is", "as available" basis. All warranties, express or implied, are disclaimed including but not limited to, any implied warranties of the merchantability and fitness for a particular purpose of Product/Services. The maximum liability of CompleteHost for the Product, for any reason shall be limited to the amount paid by Customer for the particular items purchased and in the event of a regular supply of Product, a sum equivalent to three month’s such supply. The Customer hereby accepts that the maximum liability of CompleteHost, for any reason shall be limited to the cost of the content, goods or services provided to the Customer by CompleteHost.
CompleteHost and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the Customer may raise against CompleteHost. This term is to subsist despite any advice from the Customer of the nature of damages proposed by the Customer or their legal representative. This clause is to be considered a material, fundamental and essential term of the bargain between the Customer and CompleteHost.
8.1 It is CompleteHost’s intent to provide its customers with good quality services where reasonably possible.
Without prejudice to or derogation from any of its general rights of termination, as provided herein CompleteHost reserves the right to immediately terminate, without notice, any service provided to the Customer which violates this "Acceptable Use Policy".
(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.
(b) Violate the law of any foreign state or in particular the laws of the country in which Customer resides.
(c) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
(d) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.
(e) Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
(f) Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement.
(g) Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen Internet content, Malware, Spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of CompleteHost .
For the purposes of this clause, a “virus” is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. CompleteHost shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
9.1 The Customer gives CompleteHost the right to immediately, and at the sole and exclusive discretion of CompleteHost, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of CompleteHost. The Customer also waives any right to claim against CompleteHost in relation to damage caused by a computer virus transmitted though CompleteHost's servers or data network. The Customer also undertakes to immediately notify CompleteHost of any file in existence on CompleteHost's servers or data network which is potentially a threat to the integrity, security or value of CompleteHost's servers and data network.
1101 CompleteHost reserves the right to disclose information about the Customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what CompleteHost will disclose. CompleteHost will disclose information in the following circumstances:
(a) Where CompleteHost is required to do so by law;
(b) For the purpose of the transfer of a business asset;
(c) To enforce or apply its services and other contracts; or protect the rights, property or safety of CompleteHost, its users or others. This includes exchanging information with other companies and organisation's for fraud protection and credit risk reduction;
10.2 From time to time, CompleteHost will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, CompleteHost will also collect credit card information and billing addresses. The Customer agrees to allow CompleteHost to collect and hold this information for relevant business purposes.
10.3 The Customer agree that CompleteHost may use personal information stored by CompleteHost in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding CompleteHost's business services, operations and Products.
10.4 The Customer waives any right it may have to claim against CompleteHost, in relation to any possible breach of privacy related legal obligations. Customer warrant that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
10.5 The Customer warrants that it will provide accurate, timely and the relevant information to CompleteHost in relation to any matters which CompleteHost may require for the purposes of updating information.