Our Website Hosting Terms and Conditions as at 1 June 2013
All Services are provided on an “as is, as available” basis.
We suggest that you thoroughly read and familiarise yourself with these terms and conditions to ensure you understand the terms and conditions of the agreement you are entering into with Jumprope.
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 Jumprope gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of services by Jumprope or its providers for any amount greater than the fees paid by the Customer to Jumrope 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 Jumprope.
1.3 The Customer warrants to Jumprope that they will use the Product/Services provided by Jumprope 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 Jumprope 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 Jumprope or it’s suppliers 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 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 7 days prior to making a variation to your Product/Services via email.
Jumprope retains the right to refuse service to anyone at any time for any reason.
2.1 The Customer is required to provide and regularly update Jumprope with correct contact details for billing and technical notification purposes. Jumprope accepts no liability for disruption to services due to inability to contact the Customer. It is the Customer’s responsibility to provide Jumprope with a valid email address that allows emails from Jumprope that can get through your spam filter, which is not at the domain(s) The Customer is signing up under.
2.2 Credit Worthiness
2.2 If at any time Jumprope has reasonable concerns about the customer’s creditworthiness, or its ability to comply with the terms of this agreement, then Jumprope may require that the customer do one or more of the following:
(a) Bond: provide Jumprope with an amount equal to two months’ estimated charges. (b) Letter of credit: provide a letter of credit to Jumprope from your bank.
(c) Guarantee: provide a guarantee in support of the customer’s obligations under this agreement in a form and from an entity approved by Jumprope.
(d) Trade references: provide trade references from two creditors approved by Jumprope, in which case the customer must pay, provide or deliver the relevant items to Jumprope within 5 Business days of Jumprope’s written request. Failure to pay, provide or deliver the relevant items to Jumprope within that time constitutes a breach of this agreement.
3.1 While Jumprope makes every reasonable effort to protect data stored in it’s Datacentre, Jumprope accepts no liability for the Customer’s data residing on any equipment in any way. The Customer is solely responsible for maintaining backups.
3.2 The Customer agrees that a minimum charge of $120.00 + GST may be applied per incident to restore The Customer’s data where possible.
3.3 The Customer agrees that the scope of Jumprope’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 Jumprope’s decisions in relations to these matters.
3.4 The Customer agrees that Jumprope shall not be held liable for the retention and / or restoration of any data held on its servers at any time.
4.1 This contract may be terminated by Jumprope without cause, by giving the Customer written notice. This notice shall be delivered via email with the termination date set as the end of the Customers current billing cycle.
4.2 If the Customer pays annually and wishes to cancel the service before their next due date; In such case, Jumprope shall not refund any monies for the remaining period.
4.3 Jumprope 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 Jumprope’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Jumprope. In such case, Jumprope shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
4.5 In such cases, if the service is cancelled without due notice by the Customer, Jumprope is not responsible for saving or returning any data, files or directories.
4.6 Jumprope will be entitled to payment for the balance of the month where less than the one month’s notice is given.
5.1 In relation to the use of a particular amount of bandwidth, the Customer agrees to abide by the Acceptable Use terms.
5.2 Jumprope maintains control and ownership of 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 to the Customer’s service. If we need to make a change, we will give the customer at least 48 hours prior warning.
6.1 The retrieval of access shall be conducted in the following manner. If the Customer loses their account access information, the Customer must do these things in order:
(a) Email Jumprope’s support staff to re-send the details to the email address Jumprope has on record; and
(b) Fax in required identification as requested by Jumprope.
7.1 The terms of payment by the Customer to Jumprope are:
(a) The Customer will be billed in advance from the date the service becomes active. (b) All prices stated are in New Zealand dollars and exclude GST.
(c) All prices are subject to change with 14 days advance notice from Jumprope. Prices may increase due to increased operating costs, for example: power, bandwidth and or administration costs, and at Jumprope’s sole discretion.
(d) Jumprope only accepts payment by Direct Credit, Automatic Payment and Phone-In Credit Card.
(e) If the Customer’s payment is not received for an invoice within seven days of the due date shown on the invoice, services may be suspended or even terminated (at the discretion of Jumprope).
(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.
7.2 If you are in arrears and past a due date by eight days, Jumprope may hand the Customer’s accounts/records/logs and other information over to it’s debt collection agency and the Customer will be liable for all costs incurred in recovering the debt.
7.3 Jumprope reserves the right to terminate this contract as a result of any late payment by the Customer, without notice.
7.4 If the Customer fails to make payments on time, Jumprope may require the Customer to pay a deposit as a condition to keeping your account open.
8.1 The Customer agrees to indemnify, defend and hold Jumprope 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.
8.2 Notwithstanding anything else in the contract, Jumprope 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 service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
8.3 The Customer shall immediately indemnify Jumprope 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.
8.4 The Customer agrees that Jumprope 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 Jumprope fails to comply with its obligations under the contract due to anything beyond its reasonable control.
8.5 The Customer agrees that Jumprope 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 Jumprope in writing or expressly incorporated or referred to in the contract.
8.6 This contract represents the entire understanding between Customer and Jumprope, regarding the Customer’s website hosting and supersedes any prior statements or representations.
9.1 Jumporope gives no warranties in relation to any of the Product/Services content, goods or services provided through its websites. Jumprope does not guarantee in any way the merchantability, quality or use of Products purchased through the site.
9.2 The Customer warrants that they are in possession of the following and that they waive any legal right to claim against Jumprope 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;
9.3 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 Jumprope 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 Jumprope or any third party; and
(e) None of the information or materials supplied by the Customer to Jumprope shall be libellous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.
9.4 The Customer agrees that all conditions, warranties, representations or other terms concerning the supply of the Product/Services 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.
9.5 The Customer should have their own insurance organised for their owned equipment stored or hosted at Jumprope’s datacentre’s.
10.1 The Product/Services provided by Jumprope 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 Jumprope for the Product/Services, 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/Services, a sum equivalent to three month’s such supply. The Customer hereby accepts that the maximum liability of Jumprope for any reason shall be limited to the cost of the web hosting services provided to the Customer by Jumprope.
Jumprope 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 Jumprope. 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 Jumprope.
11.1 It is Jumprope’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 Jumprope reserves the right to immediately terminate, without notice, any service provided to the Customer which violates this “Acceptable Use Policy”.
The Customer agrees they will not:-
(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, 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 Jumprope.
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. Jumprope 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.
12.1 The Customer gives Jumprope the right to immediately, and at the sole and exclusive discretion of Jumprope, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of Jumprope. The Customer also waives any right to claim against Jumprope in relation to damage caused by a computer virus transmitted though Jumprope’s servers or data network. The Customer also undertakes to immediately notify Jumprope of any file in existence on Jumprope’s servers or data network which is potentially a threat to the integrity, security or value of Jumprope’s servers and data network.
13.1 Jumprope 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 Jumprope will disclose. Jumprope will disclose information in the following circumstances:
(a) Where Jumprope 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 Jumprope, its users or others. This includes exchanging information with other companies and organisation’s for fraud protection and credit risk reduction;
13.2 From time to time, Jumprope will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, Jumprope will also collect credit card information and billing addresses. The Customer agrees to allow Jumprope to collect and hold this information for relevant business purposes.
13.3 The Customer agree that Jumprope may use personal information stored by Jumprope in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding Jumprope’s business services, operations and Products.
13.4 The Customer waives any right it may have to claim against Jumprope, in relation to any possible breach of privacy related legal obligations. Customer warrants 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.
13.5 The Customer warrants that it will provide accurate, timely and the relevant information to Jumprope in relation to any matters which Jumprope may require for the purposes of updating information.
To the extent that any dispute should arise about the inconsistency of terms in relation to this contract, the Customer will submit to the discretion of Jumprope to determine the interpretation of an inconsistency.
Definition of Terms:
For the purposes of these terms and conditions, the following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: