TERMS & CONDITIONS

WebDesignGuys provides a range of Internet products and/or services for clients to purchase from WebDesignGuys’ website, www.webdesignguys.co.nz. When clients select to subscribe to or purchase any of these products and/or services it is with the understanding of what each service/product is, what clients can expect to receive, the costs, and the payment terms. If clients do not agree to the terms of this Agreement they may not purchase any goods or services from WebDesignGuys. There are two currencies available on site (NZD, USD). NZD products are GST exclusive, USD products are tax exempt.

ACCOUNTS

1. It is the client’s responsibility to provide us with a valid email address which is not at the domain(s) by which the clients are signing up under.
2. WebDesignGuys retain the right to refuse service to anyone at any time for any reason.
3. WebDesignGuys do not screen the material clients publish to WebDesignGuys’ servers.

TRANSFERS

1. Our support team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer.
2. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in the transfer of data from an old host.
3. The free transfer service is available for thirty (30) days from your sign-up date. Transfers outside of the thirty (30) day period will incur a charge; please contact one of our support staff to receive a price quote. In no event shall WebDesignGuys be held liable for any lost or missing data or files resulting from a transfer to or from WebDesignGuys. You are solely responsible for backing up your data in all circumstances.

BACKUPS AND DATA LOSS

1. Your use of this service is at your sole risk. Our backup service runs every Sunday of each week, it overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy.
2. WebDesignGuys is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on WebDesignGuys servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by WebDesignGuys. At no time shall WebDesignGuys assume any liability for lost customer content.

CANCELLATION & REFUND

1. WebDesignGuys reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
2. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
3. Clients may cancel at any time via an email to support@webdesignguys.co.nz. There are no refunds or refund requests for shared accounts after the initial 30 days of service.
4. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
5. Violations of the Terms of Service will waive the refund policy.
6. Accounts canceled/terminated by WebDesignGuys for violating our Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
7. Domain names are non-refundable. The domain is yours to keep and you will be given the rights and registry key so that you can manage your domain name.

UPTIME GUARANTEE

If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of WebDesignGuys dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@webdesignguys.co.nz with justification. All requests must be made in writing via email.

BANDWIDTH USAGE

(Web Lite Plan and Email Lite Plan) Our Lite plans have an allocated monthly bandwidth allowance. These plans have a fixed set bandwidth limit. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

UNFAIR USE OF ACCOUNT RESOURCES

(Web Pro Plan only) WebDesignGuys does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a subscriber can upload to his/her/its website in a given month , nor does WebDesignGuys charge additional fees based on increased use of bandwidth, as long as the subscriber’s use of the services complies with our terms. In most cases, a subscriber’s web site will be able to support as much traffic as the subscriber can legitimately acquire. However, WebDesignGuys reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other subscribers.

Issues that may result in account suspension:
1. Excessive MySQL activity.
2. Using your web site as storage space to backup large quantities of files.
3. Using large amounts of bandwidth hosting files for other sites.
4. Using a script that causes problems for other customers.
5. Using an inordinate amount of bandwidth.

RESOURCE USAGE

User may not:
1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities.
7. Run any gaming servers.
8. Run cron entries with intervals of less than 15 minutes.

Users are strongly recommended to:
9) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”).
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

IP ADDRESSES

WebDesignGuys maintains control and ownership of all IP numbers and addresses that may be assigned to clients and reserves the right to change or remove any and all IP numbers and addresses to client’s service.

OUR RESPONSIBILITIES

We agree:

1. To be accessible, friendly and helpful at all times.
2. To provide clients with affordable quality products and services.
3. Reply to client’s emails and support tickets within 24 hours.
4. To provide clients with high performance services.
5. To bill clients correctly for the services they subscribe to.
6. To keep all WebDesignGuys’ server software and systems up-to-date.
7. To provide 99.99% uptime as agreed in client’s SLA Agreement.

YOUR RESPONSIBILITIES

Clients agree:

1. WebDesignGuys can assist clients in setting up an email account within client’s client software such as Microsoft Outlook or webmail with the most basic server settings. However, WebDesignGuys cannot assist clients in any advanced configuration or troubleshooting such as local spam filtering, message rules, Microsoft Exchange or any other software running on clients machines.
2. WebDesignGuys do not provide clients training or educational services regarding basic operation of Internet technology and concepts. It is expected that clients will have a basic understanding of Internet concepts such as DNS, email, and FTP. WebDesignGuys strongly encourage clients to familiarize yourself with WebDesignGuys’ products by using WebDesignGuys’ web site http://www.webdesignguys.co.nz/ and Google.
3. To provide WebDesignGuys with correct contact details, and to keep them up-to-date.
4. To keep client’s private access details (usernames and passwords) confidential.
5. WebDesignGuys will do our best to assist clients with the installation of 3rd party SSL certificates, but WebDesignGuys cannot guarantee successful installs if WebDesignGuys are given incomplete or wrong information. WebDesignGuys strongly encourage clients to work with client’s SSL provider towards a resolution.

RETRIEVAL OF ACCESS DETAILS

If clients lose their account access details, clients must do these things in order:
1. Request an automatic password re-send if available;
2. Email WebDesignGuys’ support staff to re-send the details to the email address WebDesignGuys have on record.

PAYMENT OF FEES AND PRICING

In consideration of WebDesignGuys providing clients with agreed upon services, clients agree to make payment as follows:

1. Clients are billed one month in advance from sign-up date.
2. All prices stated on WebDesignGuys’ web site are in either USD or NZD (and for NZD exclude GST.)
3. All prices are subject to change. Prices may increase due to increase operating costs for eg. power, bandwidth and administration costs.
4. WebDesignGuys accept payments by (Visa or MasterCard), Direct Credit, Cheque or Bank Deposit.
5. After 60 days in arrears WebDesignGuys may hand client’s account over to a debt collection agency and clients will be liable for all costs incurred in the process of collecting the money owed.
6. WebDesignGuys reserve the right to delete an account from our servers including all website files and databases after an account is 60 days in arrears.

SPAM POLICY

This sets forth WebDesignGuys’ zero tolerance policy with regard to the use of “Spam” Internet marketing techniques. In the event that WebDesignGuys deems clients to be in violation of WebDesignGuys’ policies, WebDesignGuys shall immediately revoke client’s user rights and delete any active account(s).

1. WebDesignGuys consider spamming to be any activity whereby: i) clients directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission, ii) clients post advertisements in newsgroups in violation of the terms of participation in such newsgroups. Pending review, WebDesignGuys also reserve the right to suspend client’s account upon receipt of any complaint or other evidence that clients may be engaging in any spamming activity.
2. If clients are spammed by anyone regarding WebDesignGuys or WebDesignGuys’ client’s, products, services, websites, or any other matters, relating to client’s hosting on WebDesignGuys’ network please report this activity to WebDesignGuys Management.
3. At no time shall WebDesignGuys assume any liability for lost customer content as a result of use of email spam filters on our server.

PRIVACY

WebDesignGuys will not reveal, sell, or in any way divulge information about our clients or the Internet usage of our clients to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.

PUBLICATION AT CLIENT’S RISK

The client accepts responsibility for all information and material issued by the client over the Service, and indemnifies WebDesignGuys against any liability in relation thereto. In particular the client undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The client also acknowledges that WebDesignGuys does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law the client accesses and uses such information and material at his or her own risk.

EXCLUSION OF LIABILITY

WebDesignGuys is not liable to the client or any other person for:

a) any cost, loss or liability (including loss of profit or other consequential damage) arising from WebDesignGuys supply or failure or delay in supplying Service including as a result of our own negligence.

b) the content, context, or confidentiality of any communications made using the Service. WebDesignGuys does not provide support for third party software, including software downloaded from the Internet.

LIMITATION OF LIABILITY

Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and WebDesignGuys will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by WebDesignGuys.

BREACHES

The client shall indemnify WebDesignGuys against any loss (including any loss of profit) incurred by WebDesignGuys as a result of any breach of the terms of any agreement with WebDesignGuys including damages in respect of any period up to and including the date of actual termination.

INDEMNIFICATION

Clients agree to indemnify, defend and hold WebDesignGuys and its affiliates, licensee’s and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to client’s violation of this Agreement or use of the web services. Clients shall indemnify WebDesignGuys against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.

DISCLAIMER

WebDesignGuys shall not be responsible for any damages your business may suffer. WebDesignGuys makes no warranties of any kind, expressed or implied for services we provide. WebDesignGuys disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WebDesignGuys and its employees.

DISCLOSURE TO LAW ENFORCEMENT

WebDesignGuys may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

ACKNOWLEDGEMENT

This Agreement represents the entire understanding between clients and us regarding client’s relationship and supersedes any prior statements or representations. Clients AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHEN CLIENTS PURCHASE ANY PRODUCT OR SERVICE FROM WebDesignGuys. WebDesignGuys reserve the right to revise our policies at any time without notice.