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Standard
terms for all Zipzap Technology
clients |
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Thank
you for becoming a registered
subscriber to Zipzap. Some
of the services are subject
to separate terms and conditions.
2.
Business and Domestic Use
These terms
and conditions apply to
both business and private
use of our services. If
you are not acquiring our
services for the purposes
of a business (as defined
in the Consumer Guarantees
Act 1993) then the Act applies
and nothing in these terms
and conditions limits your
rights under it.
3.
What we Provide to You
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For those
using our co-location
and dedicated server
plans please refer to
the applicable agreement.
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For those
using our payment gateway
services please refer
to the applicable agreement.
4.
Your Obligation to Pay
Us
The Customer
Accounts Department
of Zipzap is dedicated
to accurate and timely
processing of client
invoices and payments,
and communicating with
customers regarding
such. We will make reasonable
effort to ensure that
you are invoiced correctly
each month for the services
you have used and at
the prices you expect.
It is
the your responsibility
to provide us with current
and accurate contact
information for billing
purposes.
In return for access
to our service, you
agree to pay the specified
subscription and other
charges.
If at any time you have
a question about a particular
service or amount, we
urge you to contact
us before the due date.
We will promptly investigate
the situation and contact
you with any findings
and adjustments. Adjustments
to invoices will appear
on a credit note or
following invoice.
Questions regarding
invoices must be raised
within 7 days. After7
days the invoice shall
be considered accurate.
A notice will be emailed
to you prior to payment
for your service falling
due.
Payment is expected
by the due date or the
date upon which we respond
to any invoice query
– whichever is later.
If the account is not
paid by the due date
your account will be
automatically suspended.
Zipzap strives to have
a reasonable, reliable
and responsible relationship
with you at all times.
If at anytime you have
difficulty making a
payment on time, please
contact us to let us
know when payment can
be expected.
If we do not hear from
you then accounts with
an unpaid balance will
be suspended. While
we will send you notice,
via email, prior to
suspension, an account
may be suspended without
notice. At this point
a $20.00 reactivation
fee may be applied.
If we still do not hear
from you or receive
payment after being
suspended, the account
may be sent to Zipzap’s
debt collection agency.
You also agree to pay
our reasonable costs
incurred in recovering
outstanding amounts
from you including debt
collection and legal
fees.
Where total debt collection
agency costs, legal
and other costs arising
from collection of any
amount owing by you
exceed the debt collection
fee charged, you agree
that our debt collection
agent is also entitled
to recover those additional
costs from you.
You agree to give us
not less than 30 days
written notice that
your account is no longer
required. Until we receive
this notice you are
responsible for anything
done with the services
to which you have subscribed.
Any charges incurred
through the use of those
services are payable
by you whether you authorised
them or not.
Our refund policy
is as follows:
You are entitled
to a full refund
of all money that
you have paid if
you make a request
for refund within
30 days of becoming
registered providing
you use less than
20MB of bandwidth.
At our discretion,
if we consider that
you have received
poor service from
us we may provide
a credit to you.
With the exception
of customers closing
accounts within
30 days of becoming
registered, there
are no refunds for
credit balances
on accounts.
Should you pay your
account by automatic
payment, cancel
your account, and
fail to stop your
automatic payment,
you shall be refunded
any over-payment
less an administrative
fee of $50.00.
6.
Your Use of our Services
We provide
domain name, web hosting,
email and related
services. We do not
own or control the
various sites or offerings
available through
the internet or the
facilities and information
line through which
access is provided.
In using our services
you agree to the following:
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You
will maintain the
security of your
account login and
password. You agree
to change your password
when requested to
do so by us.
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You
warrant and agree
not to use the service
to breach anyone
else's rights or
to break the law.
By way of example
only, this means,
that no statement,
representation or
information contained
in the host web
site is or is likely
to be misleading
or deceptive or
to otherwise infringe
fair trading legislation,
is at all defamatory,
in breach of copyright,
trademark, third
party's contractual
or tortious rights
or other intellectual
or industrial property
right of any third
party and Zipzap;
or is otherwise
in breach of any
provision of any
statute, regulation
or rule of law.
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You
must indemnify us
against any claims
or legal proceedings
which are brought
or threatened against
us by any other
person. We
explain what this
means in the section
entitled "Indemnity".
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You
agree that you will
not cause or help
to cause the security
or integrity of
this or any other
linked computer
system to be compromised
whether by way of
hacking, introducing
harmful code or
in any other way.
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You
agree to be a responsible
citizen of the Internet.
This means that
you must respect
the privacy of other
Internet users.
Any "one-to-many"
Internet communications
used for advertising
purposes, whether
IRC email or other
link or medium is
a serious breach
of these terms and
conditions.
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If
you do not comply
with this requirement
you will be immediately
terminated from
our service without
warning.
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You
agree to pay us
upon demand any
costs or losses
incurred by us as
a result of your
using our service
in those ways.
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If
you do not follow
these rules and
we are sued or suffer
loss you agree that
we can recover our
costs and losses
directly from you
upon demand.
We each
agree that the Internet
is a medium which
lacks consistent security
and confidentiality
and we have the right
to check your use
of the system.
We will
take reasonable commercial
efforts to protect
your confidentiality.
However, you should
assume that your use
of our services is
not confidential.
If we consider in
our discretion that
your use of our services
is defamatory, contrary
to accepted community
standards or illegal
you acknowledge that
we have the right
to disclose those
activities to any
person including the
news media and the
police.
We can
check your use of
the system for the
purposes of ensuring
that your use is not
breaching these terms
and conditions or
for assessing any
charges which may
be payable by you.
8.
Use of Personal Information
If you
are an individual,
when you complete
your application for
our services you authorise
us and our agents
to collect information
about you and hold
it at our head office.
We will use this information
for statistical analysis
and to provide services
to you and for marketing,
private development
and research purposes.
You
authorise us and our
agents to supply and
disclose personal
information as to
your credit-worthiness.
Personal information
about you may be used
to enable us, our
agents and third parties
selected by us to
access, maintain,
investigate or market
products or services.
Under
the provisions of
the Privacy Act 1993
you may request access
to and correction
of your personal information.
Requests must be in
writing which includes
email. We may charge
a fee for the reasonable
costs incurred in
responding to these
requests but we will
disclose the costs
to you before those
costs are incurred.
9.
Additional Rights
of Zipzap the Service
Provider
We can
terminate any of the
services that you
have subscribed for
without notice or
liability. Subscriber
use of our services
may sometimes result
in overload.
We have the right
to terminate any process
that appears to be
causing an overload
on a server.
10.
Communications and
Notices
We can
change or remove any
of these terms and
conditions at any
time. These changes
include alterations
to our pricing structure.
We will
inform you by email
or posting a message
in the appropriate
location on the system
which includes (but
is not limited to)
on the world wide
web on our web site
or any other appropriate
means.
Once
we have posted the
email or other message
you are deemed to
have received it,
and if you have not
terminated your subscription
within 7days or if
you continue to use
the services afterwards
you are deemed to
have accepted the
change.
11.
Limits on our Liability
By
using our services
you do so at your
sole risk. We
do not warrant
that our service
will be uninterrupted
or error-free.
We do not make
any warranties
to the results
to be obtained
from the service
or information
or the experiences
had with the Internet
which is a matter
of your own assessment
given its unique
nature.
We distribute
our service on
an "as is" basis
without warranties
of any kind, either
express or implied.
In
particular, we
are not liable
to you - whether
in contract or
tort or under
any other legal
principle - for
any direct or
indirect losses
or damages of
any kind. These
damages include
but are not limited
to loss of business,
profits, work
stoppage, computer
or software failure
or malfunction
or any other damage
or loss. Your
exclusive remedy
against us is
to cancel your
subscription.
If
you are using
our services for
personal, household
or domestic use,
this limitation
may not apply
to you and you
have the rights
and remedies available
under the Consumer
Guarantees Act
1993.
You
must indemnify
us against any
claims or legal
proceedings
arising from
your use of
the service
under this Agreement
(including but
not limited
to claims in
respect of defamation,
breach of copyright
or other intellectual
property right
infringement),
which are brought
or threatened
against us by
any other person.
If
we cannot perform
our obligations
under this Agreement
by reason of act
of God, inclement
weather, act of
State, riot, strike,
boycott, embargo
or any other circumstances
beyond our reasonable
control, we will
endeavour to advise
you of the existence
of the circumstances
and their expected
duration. The
performance of
this Agreement
will, to the extent
that it is made
impossible by
such circumstances,
be suspended until
such circumstances
cease to prevail
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