Website and email hosting agreement

3Bit Solutions Limited – (referred to herein as “we” or “us”) agree to supply goods (“the Goods”) and services (“the Services”) to you, the Customer, in return for the payment of the price for those Goods and Services and according to these Terms and Conditions. Acceptance of delivery or receipt of any Goods or Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions (“Terms”).

 

 

Price

1.      All prices exclude GST, any other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the price.  You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.

 

 

Application and Variation of these terms

 1.      These Terms are the terms on which 3Bit Solution provides hosting and email services to its customers, and may only be modified by any written contract between 3Bit Solutions and the Customer in any particular case (including for example specific term contracts and contracts with Service Level Agreement). The Terms so modified constitute the agreement in its entirety and supersede prior website and email hosting agreements.

Payment

1.      Payment must be made in cash prior to delivery of your order unless we agree otherwise in writing.

2.      All Charges exclude GST, any other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the Charge.

3.      If we allow you credit, payment is due by the due date stated on the outstanding invoice.  You must not withhold payment or make any deductions of any nature whether by way of set off, counterclaim or otherwise from any amount you owe us.  We can alter the terms of payment with effect from the date that we notify you of such change.

 

 

Support 

1.      “Support” is defined as any labour provided by 3Bit Solutions that is not related to 3Bit Solutions network or hardware, such as OS and customer software.

2.      3Bit Solutions will make every reasonable attempt to identify performance issues. However in the absence of identified network or hardware performance issues, OS and software configuration remains the responsibility of the Customer

3.      All support requests will be billed in 15 minute increments at 3Bit Solutions published hourly rate unless prior arrangement have been made in writing.

Email Hosting / Email Account Service

3Bit Solutions provides free email hosting up to 25 email accounts per hosted website. 3Bit Solutions provides online help only for setup and support of hosted emails. Any phone or email support is chargeable at our standard charge out rate.

To the maximum extent permitted by law, email hosting is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.

 

Termination & Suspension of Service

 1.      Either party may terminate this Agreement if the other party breaches any term or condition of this

2.      Either Party may terminate this Agreement with no less than 30 days notice and all termination must be  in writing to the other Party if the other Party: becomes or threatens to become or is in jeopardy of becoming subject to any form of insolvency, administration, receivership or liquidation; or has entered into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of a resolution or application for liquidation or judicial management.

3.      In the event of early termination, the full amount of the remaining initial agreed term will be payable.

4.      3Bit Solutions may take remedial action, suspend or terminate services without notice in the event of:

(a)   Breach of acceptable use policy.

(b)   At the request of law enforcement or government.

(c)    Where it is deemed by 3Bit Solutions to be necessary to maintain quality of service for the rest of the 3Bit Solutions network or prevent damage to 3Bit Solution Customers.

Publication at Customer's Risk

1.      Customer accepts responsibility for all information and material issued by the Customer, and indemnifies 3Bit Solutions against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including without limitation copyrighted materials. The Customer also acknowledges that 3Bit Solutions does not vet or approve any information or material available through any service and that 3Bit Solutions does not accept any liability for such information or material, to the full extent permitted by the law. 

 

2.      3Bit Solutions prohibits the publication of the following content on its servers (including pictures, links and text):

(a)  any material that infringes any copyright, trademark, patent, or rights of others;

(b)  any material that is defamatory;

(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 email or other mass electronic mailings.

(e)  File archives of music, videos or images, without permission.

(f)  IRC clients, bots, servers.

 

Backup

1.      All customer data stored on 3Bit Solutions servers remains the exclusive property of the Customer, with the exception of 3Bit Solutions and third party software and licences, which remains the property of the licensee.

2.      3Bit Solutions keeps all customer data on a 7 day backup archive; To the maximum extent permitted by law, 3Bit Solutions will not be liable for the integrity of backup files.

3.      3Bit Solutions can provide at the Customer’s expense the facility to download the Customer’s data on a scheduled or on demand basis. The Customer accepts complete responsibility of their data and backups.

Data recovery from any form of backup is billed as labour, per our standard hourly rates.

 

Acceptable Use Policy

 

1.      At all times the Customer must adhere to 3Bit Solutions’ Acceptable Use and must:

(a)   Fully comply with the law;

(b)   Maintain correct software licensing;

(c)    Ensure that it does not store or transfer offensive or illegal material.

(d)   Not engage in spamming, attacking or any form of malicious use

(e)   Not engage in excessive or unsuitable use of services that affect other customers

(f)     Sending unsolicited bulk and/or commercial messages.

2.      Breaches of 3Bit Solutions Acceptable Use Policy will be notified in writing, and failure to comply will lead to immediate termination of services.

3.      We reserve the right to stop any email or messaging activity where we consider the activity to be unlawful or harmful to either the performance of our network and equipment and or the reputation of 3Bit Solutions as hosting provider.

10 Confidentiality

 

1.  You shall not, without our prior written approval, disclose our Confidential Information and shall take reasonable steps to ensure that your employees and agents, and any sub-contractors engaged for the purposes of this Agreement, do not make public or disclose the our Confidential Information.

2.  We shall not, without your prior written approval, disclose your Confidential Information.

3.  We shall not be liable for the actions of any third parties which result in the disclosure of the your Confidential Information but shall take reasonable steps to ensure that our employees and agents, and any sub-contractors engaged for the purposes of this Agreement, do not make public or disclose your Confidential Information.

4.      Notwithstanding any other provision of this clause, we may disclose the terms of this Agreement to our related companies, solicitors, auditors, insurers and accountants.

Exclusion of Warranties

 1.      You acknowledge that the Goods and Services acquired from us are not of a kind ordinarily acquired for personal, domestic or household use or consumption and that you are acquiring them for the purposes of a business. Accordingly it is agreed that, to the maximum extent permitted by law, the provisions of Consumer Guarantees Act 1993, or any other relevant consumer protection legislation, do not apply to this Agreement.

2.      To the maximum extent permitted by law all terms, warranties or representations whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, description quality, purpose or fitness of the Software are hereby expressly excluded.

IP Addresses

1.   3Bit Solutions maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.

 

Bandwidth

1.      3Bit Solutions will provide unlimited domestic (New Zealand) bandwidth up-to a speed of 10Mbps (megabits per second) at our border routers.

2.    If the Customer exceeds or is likely to exceed this transfer rate, bandwidth charges at 3Bit Solutions published rates may be applicable.

 

Limitation of Liability 

1.      We shall not be liable to you for any loss or damage arising from any delay or failure to perform our obligations due to a matter beyond our control.

2.      We and our employees and agents shall not be liable to you for any claim for breach of Contract (except as provided in clause 9.3 below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.

3.      Your sole remedy against us shall be limited to breach of contract and notwithstanding any relief or remedy to which you or any other person may have been entitled under the Contractual Remedies Act 1979 or at law or in equity, the extent of any such liability shall be limited to an amount equal to the price charged for the particular Goods or Services to which the breach relates.  We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.

4.      No action may be brought against us unless notice of such claim is given to us within 48 hours of discovery by you or your agents of the matters which give rise to the claim.

5.      We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery or of provision of the Services as the case may be.

6.      Notwithstanding anything herein no employee, agent or director of 3Bit Solutions Limited will be liable to you for breach of any duty of care in Tort (including negligence), Contract, Equity or otherwise in relation to the performance of obligations under this Agreement or in relation to the subject matter of this Agreement.

Default

1.      If you do not pay any monies owed to us (“the unpaid monies”) within 7 days of the due date, we may (without prejudice to any of our other rights):

(a)   Demand immediate payment of all or any part of any moneys owing (whether or not then due);

(b)   Charge penalty interest at a rate of 2.5% per month calculated on a daily basis on the unpaid monies from the due date until payment in full is made;

(c)    Withhold without notice delivery or supply of Goods or Services ordered by you;

(d)   Cancel this agreement and seek damages;

(e)   Recover any Goods delivered to you. You agree we may enter your premises or any other place where the Goods are stored, or where we reasonably believe the Goods may be stored, and take possession of and sell the Goods, even if we do not have priority over other persons having a Security Interest in the Goods. Sections 108, 109 and 120 of the PPSA do not apply to the extent that they are inconsistent with this clause.

(f)     Charge an administration fee on suspended services

2.      Where you have only partly paid for the Goods and we recover them from you, we will refund the amounts you have paid from the proceeds of resale (if any) after deducting all or any other moneys owing to us (whether or not then due) and all costs incurred by us in accordance with clause 13.3.

3.      You agree to pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions or the Security Interest contained in these Terms and Conditions.

 

Use of Information 

1.      You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.

2.      You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

3.      If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.

Miscellaneous

1.      These terms apply to all transactions where we supply Goods or Services to you.  If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

2.      You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.

3.      In the event that any part or parts of these Terms and Conditions shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining terms which shall remain in full force and effect as if such part or parts held to be illegal or void had not been included in these Terms and Conditions.

4.      Our contract with you and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand.  You agree to submit to the exclusive jurisdiction of the New Zealand Courts.

5.       This contract also covers any previous website and email hosting agreements made between 3Bit Solutions and you that predate this contract.

6.      3Bit Solutions reserves the right to change these agreements at its discretion the most recent version of our terms and conditions can be found at our website at http://www.3bit.com.

 

 

Contact Us

All of our contact details are available here.