Chineseonline NZ (also referred as ‘Chineseonline’) agrees to furnish service(s) to Subscriber(s), subject to the following Terms and Conditions. Use of Chineseonline NZ Service(s) constitutes an acceptance of Chineseonline NZ’s Acceptable Use Policy hereafter referred to as AUP as well as Chineseonline NZ’s Terms and Conditions. Unless and otherwise mentioned in any other contract or agreement all Chineseonline NZ Subscriber(s) are subject to these Terms, AUP and All provision of this Terms and Conditions contract and AUP are subject to periodic review and change without prior notice.
This Agreement shall be construed in all respect in accordance with the laws of New Zealand applicable to contracts enforceable in that country.
Chineseonline NZ reserves the right to modify this Terms of Service without notice.
1.0 Subscriber Accounts
- In most cases, we will activate your account within 24 hours after the receipt of payment. In an event of an outage due to circumstances out of our control, Chineseonline may not be held liable for the delay of account activation. In these circumstances, Chineseonline will attempt to activate your account as soon as possible.
- Establishment of this service(s) is dependent upon receipt by Chineseonline of payment of stated charges. All accounts and services provided by Chineseonline NZ are subject to the current tax rate where applicable according to taxes imposed by the Country of New Zealand.
- Chineseonline NZ may deny services and terminate this agreement for failure of payment by the Subscriber(s). Such termination or denial of service does not relieve the Subscriber(s) of any accrued charges and accrued interest and collection fees.
- Cancellation of an account/service must be made 5 working days before the next billing cycle to ensure that a new invoice is not created for the next billing month.
- Chineseonline cannot guarantee the quality of the transfers of services from other providers. The Subscriber(s) must verify if the service was moved correctly before changing nameservers. If the service was not moved correctly, it is the subscriber(s) responsibility to correct the problem. Our transfer service is offered as a courtesy to clients only.
- Chineseonline reserves the right to terminate any customer account immediately or with advance notice for any reason, including but not limited to: physical abuse, verbal abuse and/or abusive email communications.
- Any changes to the contract may be subject to administration fees as determined by Chineseonline.
2.0 Network, Bandwidth and Disk Space
- All ownership and rights to the usage of Internet Protocol addresses, hereafter referred to as IP(s), assigned to the Subscriber(s) shall belong only to Chineseonline NZ. Chineseonline NZ reserves control and the right of ownership over IP’s and may change or remove any such IP Address. All IP allocations are based on the provisions of APNIC (Asia Pacific Network Information Centre) policy governing IP addresses.
- Chineseonline reserves the right to change or remove any IP address relating to a customer’s service(s).
- The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month, and are governed by the Fair Use Policy. Chineseonline NZ cannot be held liable for loss of access to the subscribed services when the Subscriber(s) depletes the allocated bandwidth/disk space based on package agreed upon.
- Bandwidth on shared and reseller web hosting packages roll over at the end of the calendar month. Bandwidth on Virtual Private Server packages roll over at the end of the Subscriber(s) billing cycle.
- Subscriber(s) acknowledges the fact that the nature of the service(s) provided is such that the service can be interrupted for many reasons other than the negligence of the company and as such the Subscriber(s) agrees that the company shall not be liable for any damages arising from such causes and that the company shall not be responsible for any such loss and that the liability of the company in an event of its own negligence shall not exceed the amount payable by the Subscriber(s) for the services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- We will endeavour to maintain network stability and satisfactory service levels, however we may from time to time perform routine maintenance, and service upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
- We may, at our discretion provide notification of outages whether planned or unplanned.
- You, the Subscriber(s), release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
- The Company is not responsible for the management of a Customer’s server, including, but not limited to, the maintenance, patching, and upgrading of any software where the Customer does not have a current Managed service.
- If the Subscriber requires work to be carried out on an Unmanaged Server, the Subscriber is required to reimburse the Company at at a rate specified by the Company and agreed upon by the Subscriber based on the time required to carry out the work.
- Chineseonline may carry out maintenance between the hours of 12:30am to 5:30am 7 days a week without notice for critical security patching, or general maintenance to ensure the reliability of services to the Subscriber.
- Subscriber acknowledges that Chineseonline may access digital content, including but not limited to files, emails, account settings hosted for the Subscriber, for the purposes of support, either implicitly or explicitly requested by the Subscriber.
4.0 Promotional Offers
- The Subscriber(s) for the promotional program agree to be bound by the terms of this TOS, AUP, and all other relevant policies as any other Subscriber(s) for the period of the promotion.
- Chineseonline’s services may only be used for lawful purposes. Any Subscriber(s) discovered using such services for unlawful use will have their account suspended/terminated without prior notice.
- We make no representation and give no warranty as to the accuracy or quality of information received by any person via our Server(s) and we may not be held liable for any loss of or damage to any data stored on our Server(s).
- The Customer accepts full responsibility for content uploaded onto his/her account.
- We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup without charge once each calendar month. If further restorations are necessary, we may charge a fee for doing so. We may at our sole discretion waive this fee. You, the Subscriber(s) are responsible for maintaining adequate backups of your content.
- VPS/Dedicated server backups are done on Chineseonline NAS servers. The subscriber must notify Chineseonline if they require a restore as these must be done by Chineseonline technicians. Chineseonline NZ will restore a VPS/Dedicated server once each calendar month. If further restorations are necessary, we may charge a fee for doing so. We may at our sole discretion waive this fee.
- Chineseonline may claim back differences in discounts as well as an administration fee of $50 for early terminations of contracts.
- PayPal Payments: Chineseonline accepts PayPal payments. All PayPal users must be setup on a subscription with us in order to be eligible.
- Bank Cheques must be addressed to “Chineseonline NZ”.
- All bank cheques must arrive before the due date of the payment to allow for it to clear before the end of the subscription period.
- Bank transfers (direct credits) must use the “Invoice ID” or “Account Number” as reference to allow Chineseonline to track payments of subscribers accurately.
- Invoices are generated 14 days before the payment due date.
- Payment reminders will be sent 7 days before the due date and 1,3 and 5 days after the due date. On the 5th day after the due date and no payment is made, late fees will be incurred. All payment reminders are sent to the Subscriber(s) email address on file.
- Service(s) to accounts over-due past 5 working days will be suspended. Any account past due 7 working days will be terminated. A reinstatement fee of $25.00 shall be levied on accounts put on suspension for non-payment. Your account will be invoiced depending on the pay frequency of the account you’ve setup.
- Any account that does not have a credit card on file and is making the payment in any other means is required to make sure the payment is received within 5 days of the due date of the service needed.
- We may alter our fees from time to time. When we alter them we will send You notice of the alteration 30 days before the new fee takes effect. If the change of fees is not acceptable to You, You may cancel the service. We will interpret Your ongoing use of our Services after that date as constituting Your acceptance of the amendments. If You do not agree to the amendments, You may notify us by email requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
- All payments must be made in New Zealand Dollars.
- All our prices are stated in New Zealand Dollars and are exclusive of Goods and Services Tax (GST) unless stated otherwise.
- Chineseonline reserves the right to increase pricing on any service. In such cases, Chineseonline will provide 90 days notice prior to the price increase.
- Subscribers to Chineseonline Reseller accounts are responsible for their own clients.
- All Resellers must bill their own customers for the services they resell.
- Chineseonline does not hold a direct relationship with customers of Resellers.
- Technical support from clients of Resellers must be handled by the Reseller whom the account falls under. Chineseonline only offers support to direct Subscribers and Resellers. Resellers shall not refer their own customers to Chineseonline support systems.
8.0 Third party products
- At Subscriber’s request and as a convenience to Subscriber, Chineseonline may from time to time arrange for Subscriber’s purchase or license of third party software, services and other products not included as part of the Services, and/or may provide support to the Subscriber in relation to those products.
- Chineseonline makes no representations or warranty whatsoever regarding such third party products and related support services and they are provided “as is.”
- Subscriber’s use of third party software, services and other products is governed by the terms of any license or other agreement between Subscriber and the third party.
- Chineseonline NZ will not be held liable for any breach of any terms, agreements or contracts between the subscriber and the third party.
9.0 Virtual Private Servers
- RAM stated on VPS related pages are listed as burst RAM unless otherwise stated. The standard guaranteed RAM is a minimum of 50% of the original burst RAM.
- VPS containers may be moved between nodes without notice if movement would not result in downtime.
- Technical support for VPS services is limited to problems relating to the availability of the VPS. Chineseonline does not offer support for scripts and/or programs running in the VPS.
- If the Subscriber(s) exceeds the given bandwidth (data transfer) limit for his/her package, Chineseonline will invoice the Subscriber(s) overage fees based on the current overage rates displayed on the Companys’ website.
- VPS services must only be used for lawful purposes, any Subscriber(s) account suspected of breaching AUP terms and other related policies will be suspended and investigated. Chineseonline may terminate services to these Subscriber(s) should these alleged breaches be substantiated and may not be held liable for the loss of data due to account termination.
- All domain registrations are non-refundable due to registrar policies.
- Chineseonline makes no representations or warranty whatsoever regarding the services provided by a third party registrar.
11.0 Web Design
- Whilst efforts are made to ensuring that the website and any scripts or modifications made to the website is free of errors, Chineseonline does not claim responsibility for any losses attributed with errors relating to this.
- Upon completion of the project, Chineseonline transfers all rights and ownership of CUSTOM designs and programming written by Chineseonline to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
- Chineseonline cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Chineseonline reserves the right to display websites and graphics that have been designed by Chineseonline on their website, and in any marketing material to aid as examples of their work.
- The client agrees to make available as soon as is reasonably possible to Chineseonline all materials required to complete the site to the agreed standard and within the set deadline.
- Chineseonline will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the current web browsing software. Chineseonline can offer no guarantees of correct function with all browser software.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
- Chineseonline cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
- If we are unable to communicate with a client on a project for a duration of at least thirty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
- Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Chineseonline reserves the right to change or update these terms at any time without prior notice.
- Chineseonline will take reasonable care when dealing with hardware kept at the datacentre. Chineseonline is not liable for any damage or loss of data as a result of use of Chineseonline services.
- Cancellation of Chineseonline co-location requires a minimum 30 days notice via the Chineseonline Customer Portal.
- Should cancellation request not be received, Chineseonline will be entitled to one full month of co-location fees.
13.0 Dedicated servers
- When a hardware fault is found on a leased server, Chineseonline NZ will strive to replace the hardware part as soon as possible. Chineseonline will endeavour to keep most common hardware parts of servers in stock to prevent long outages. Chineseonline NZ will only be liable to the amount of time the server is non-operational.
- When Chineseonline leases a server to a Subscriber and the Subcriber chooses a specific RAID technology, Chineseonline may not be held accountable for the loss of data due to the RAID technology chosen by the Subscriber.
- Chineseonline NZ can not be held liable to the loss of power to dedicated servers/VPS and co-located servers due to metropolitan power outages.
- Chineseonline NZ will seek to provide all services in a data centre location equipped with emergency backup power systems to provide power for a limited amount of time during outages.
- Chineseonline NZ calculates power based on the rated power supply unit of each server hardware. All fees for power are derived from estimated usage of PSU’s on servers. Chineseonline may charge the Subscriber extra for power usage beyond the normal estimated values.
- Chineseonline NZ services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of New Zealand or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademarks, trade secret(s), or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software is a criminal offence in the country of New Zealand.
- If you copy, distribute or install software in ways that the license does not allow, you are violating copyright law. Chineseonline NZ will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our data centres/servers.
- Chineseonline NZ is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by Chineseonline NZ.
- Chineseonline NZ is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. The maximum liability of Chineseonline NZ is limited to the amount paid for by the customer. Violation of any of our policies and conditions may result in suspension/termination of the violating service.
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