We have tried to outline everything that you need to know about our terms of service and we have made every effort to do this without getting into confusing "legal speak". Please read through all of it to ensure that you know and understand all the terms. If you are unclear on anything, please don't hesitate to contact us by email or telephone.
Terms of Service - Hosting
This Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Olliver I.T. Enterprises Limited (hereafter referred to as “Olliver I.T. Enterprises”, “The Web Guy”, “us” or “we”) Hosting Services (hereafter referred to as the “Services”) will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Olliver I.T. Enterprises reserves the right to modify it from time to time, effective when notification is posted at oite.co.nz. No verbal or written agreement/statement by any Olliver I.T. Enterprises employee or at Olliver I.T. Enterprises's website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. Olliver I.T. Enterprises only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Olliver I.T. Enterprises deems inappropriate may result in the termination or suspension of the Services for the Customer.
Term
The initial service term (also referred to as “billing period”) of the Agreement shall begin on the date that Olliver I.T. Enterprises generates an email message to the Customer announcing the activation of the Customer's account (the "Service Commencement Date") and will renew itself automatically on termination unless the Customers chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy).
The customer may change the billing period at any time by selecting an alternate Billing period from the options available in the Customer's Control Panel.
Payment
The Services purchased by the Customer will be in the form of a specific Linux, Windows, VPS or Email Service Plan. Each Service Plan outlines the features, resources and storage that Olliver I.T. Enterprises will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined on the webguy.nz website. Olliver I.T. Enterprises has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Olliver I.T. Enterprises before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at webguy.nz are in New Zealand Dollars (NZD) and unless stated otherwise, do not include GST (Goods and Services Tax)
Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free).
Payment is due immediately. Olliver I.T. Enterprises reserves the right to suspend any service without notice where payment is overdue for thirty (30) or more days. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. The Customer agrees to pay Olliver I.T. Enterprises reasonable reinstatement fee following a suspension of service for non-payment, and to pay Olliver I.T. Enterprises reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Where a Customer's Service Account becomes overdue, it will only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well.
A fee of $50 NZD will be levied for every returned cheque and credit card chargeback. Olliver I.T. Enterprises reserves the right to change pricing of the Services from time to time. Olliver I.T. Enterprises also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
Olliver I.T. Enterprises may increase its fees for services effective the first day of a billing period by giving notice to the Customer of the new fees at least forty five (45) days prior to the beginning of the billing period, and unless the Customer chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy), the Customer shall be deemed to have accepted the new fee for that billing period and any subsequent billing period (unless the fees are increased in the same manner for a subsequent billing period).
Overages
If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same overage rates. If Customer uses/purchases more than 200% of the resources allocated in the chosen Hosting Plan, Olliver I.T. Enterprises reserves the right to terminate the Customer's Service Account with a 5-day prior notification. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period.
Acceptable Use Policy
The Customer agrees to use the service in compliance with applicable law and Olliver I.T. Enterprises' Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. The Customer agrees that Olliver I.T. Enterprises may, at its discretion, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the Customer's use of the Services. Amendments to the AUP are effective on the earlier of Olliver I.T. Enterprises's notice to the Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. The Customer agrees to cooperate with Olliver I.T. Enterprises's investigation of any suspected violation of the AUP. In the event of a dispute between Olliver I.T. Enterprises and the Customer regarding the interpretation of the AUP, Olliver I.T. Enterprises's interpretation of the AUP shall govern.
Abuse of Olliver I.T. Enterprises Services
Emailing abuse carries a fine of up to $150 per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of Customer's Service Account and appropriate legal action.
Upon detection of server abuse, Olliver I.T. Enterprises will try to disable the specific script, website or database that is causing the abuse under Customer's Service Account. If this is not possible, Olliver I.T. Enterprises will suspend Customer's entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Olliver I.T. Enterprises that the abuse will not occur again. Olliver I.T. Enterprises will endeavour to provide prior notification before carrying out any such action but we may do so without any such notification, at our own discretion.
Refunds/Cancellations
All Service Accounts must be cancelled by emailing a cancellation request from the contact or billing email addresses we have on record. Send the email to accounts@oite.co.nz.
A refund will be made for unused months only of the current Billing period after deducting a Refund Charge of $10.00. If however the customer's registration date is less than 30 days from the cancellation date, the customer will receive a full refund.
Accounts that have been paid in advance at a discounted rate and which are terminated by the client within that advance period, will be entitled to a refund which will be calculated as follows: - Total amount paid in advance, LESS the amount that would have been due for the period used if no discount had been applied, LESS a Refund Charge of $10.00.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." Olliver I.T. Enterprises is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the Customer's business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of the Customer's Service Account.
The Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.
Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect Olliver I.T. Enterprises's systems and customers, or to ensure the integrity and operation of Olliver I.T. Enterprises's business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Olliver I.T. Enterprises's servers and systems. Olliver I.T. Enterprises also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Third Party Services and Software
Olliver I.T. Enterprises may provide the Customer access to other third party software and/or services (“Third Party Products”) through reseller relationships Olliver I.T. Enterprises has established with other commercial vendors. Unless otherwise notified, the Customer understands that product support for Third Party Products is provided by Olliver I.T. Enterprises and not by the Third Party Vendor. Neither Olliver I.T. Enterprises nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM Olliver I.T. Enterprises OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Olliver I.T. Enterprises NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT THE CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND Olliver I.T. Enterprises WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
Changes to Olliver I.T. Enterprises Network
Upgrades and other changes in Olliver I.T. Enterprises's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the Customer's hosted content and/or applications. Olliver I.T. Enterprises reserves the right to change its network at its discretion, and shall not be liable for any resulting harm to the Customer.
Notifications
All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. Olliver I.T. Enterprises will not be responsible if Customer fails to receive any email we attempted to send.
Indemnification
Customer agrees that he/she/it shall defend, indemnify, save and hold Olliver I.T. Enterprises harmless from any and all demands, liabilities losses, costs and claims, including reasonable attorney's fees asserted against Olliver I.T. Enterprises, its agents, customers, suppliers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Olliver I.T. Enterprises against liabilities arising out of;
Disclaimer
Olliver I.T. Enterprises will not be responsible for any damages your business may suffer. Olliver I.T. Enterprises makes no warranties of any kind, expressed or implied for services we provide. Olliver I.T. Enterprises disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Olliver I.T. Enterprises and its employees. Olliver I.T. Enterprises reserves the right to revise its policies at any time.