Standard Terms and Conditions
(Last Updated 2020/01/20 - This version is identical to the previous version, save for an update to the Physical Address of Net Service Ltd being updated)
We will accept e-mails sent to email@example.com as written notice once we have confirmed receipt of the e-mail. Notice can alternatively be posted to Net Service Ltd, 91 Bawden Road, Albany RD2, Auckland 0792, NZ
1. Where we provide Internet services to or for you you agree
- To keep us informed of any changes to your contact details, including e-mail address.
- You are responsible for the use any services where your username and password are used. You should not share your password with others, as you will be held liable for their actions.
- Not to engage in illegal activities while connected to the system.
- Not to send unsolicited mass e-mails (SPAM) through the system, or to engage in any spam like activity whether using our systems or not.
- That unless otherwise agreed you will send no more then 100 emails over any 1 hour period though our email system. Should this limit be exceeded we may prevent or limit additional emails being sent through our network by you.
- You shall not probe or hack into any system on the Internet, except with full permission of the system owner.
- Our technicians and contractors may control, monitor and/or log traffic going through our system for the purposes of network management and to fulfill any legal obligations we may have.
- Our liability to you will be limited to the equivalent of 1 months service provided by us.
- In no event will we be liable for telco charges, third party charges, loss of goodwill, or consequential losses.
- In the event that your site/email address becomes unreachable for more then 2 months (for example because a domain name has not been renewed or service has been shifted to another provider), we reserve the right to delete websites, email addresses, domain name records and emails hosted on our service.
- That unless otherwise agreed in writing backups of any information pertinent to you are your responsibility, and that we do not undertake to perform any backups.
- In the event services stop working, you will communicate with us promptly, and in any case within 10 working days. Of specific note – some Issues with some domain names may be unable to be fixed, or may be very expensive to fix if left renewed after expiry. Net Service will use its best endeavours to ensure domain names are renewed, however we can not be held liable for domains which have lapsed for more then 14 days, regardless of whether this is due to action or inaction on our part.
2. Where we provide Goods or Services to you
- All goods sold to you remain our property until paid for in full.
- You acknowledge where we do any programming work, that it is a purely a best effort service, and that we do not hold ourselves to be programmers or developers.
- Any code written by us on your behalf remains our intellectual property. Upon full payment for the time and resources used producing the code, you are entitled to an unlimited, royalty free license to use, distribute and modify and re-brand as you see fit.
- We will not deploy any code developed by ourselves for you in a way that would foreseeably devalue your intellectual property, provided our services are paid for in full.
- Unless there is a fixed term contract, either party may terminate the agreement with 1 months written notice.
- You acknowledge that unless the service is cancelled in writing, we will charge you for your ability to use the service, whether or not you took advantage of the service.
- We may suspend or terminate the service without notice for a breach of our terms and conditions. Not withstanding our suspending service, no refund will be given for the time service is unavailable in this event.
- Where the account is paid in advance, no refunds will be given on the account, should the account be terminated.
- These terms and conditions may be changed with 1 months notice. Posting new terms on the netservice.co.nz website will constitute notice, although we will endeavour to provide notice via email as well.
4. Legal Matters
- We may assign any and all rights, claims and causes of action to a third party or representative.
- We may publish the outcome of any legal action in any way it deems appropriate.
- We may record any/or monitor any phone calls made between us. We may record and use any numbers/unique identifiers you use to connect to our system, including phone numbers. Additionally, this information may be recorded in a blacklist shared with other service providers, and used as evidence in any court or legal forum.
5. Payment Terms and Penalties
- That you pay all fees and charges for the service for which you are subscribed, without deduction or offset.
- Should your account be overdue, we charge interest at the rate of 2.5% per month. Should collection procedures be implemented you agree to pay the costs of collection in addition to the cost of the debt. Should your account become overdue we may charge $100 collection fee in addition to other charges above.
- Any item sold by us to you remains our property until paid for in full by you.
- Legal Costs – Should we need to take legal action (including arbitration), all costs in so doing will be at your expense.
- You agree that we may make inquiries about your credit worthiness, and disclose any information relating to the standing of your account to third parties.
- You agree that we are not obliged to do anything for you if payment is over due, however any monthly base fees will still be payable by you as long as your resources are still available online.