Terms & Conditions of service for Litehouse.co.nz a division
of Devoto Limited.
1.) Account Set-up
We will set-up your account upon request after we have screened
the order(s) appropriately for suitability & fraud. The
first payment is required within 7 days of initial account
set-up.
It is your responsibility to provide us with an email address
that is not @ the domain(s) you are signing up under and
a contact phone number.
2.) Content
All services provided by us may only be used for lawful
purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening or obscene,
pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Pornography
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double
optin" will be treated as spam. Any user who sends out spam
will have their account terminated without notice. Account/s
reactivation can be requested by directly contacting the
host manager where the source of the spam event is found
to be a user’s PC was infected with a virus and the user
will need to prove the virus infection has been appropriately
dealt with.
We reserve the right to require changes or disable as necessary
any web site, account, database, or other component that
does not comply with this policy, at its sole discretion.
We also reserve the right to make any such modifications
in an emergency at our sole discretion.
We reserve the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is left entirely to the discretion
of Litehouse.co.nz. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services
received from us, for the previous time period during which
such services were provided. You agree that until and unless
you notify us of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
Payment for our services is required in advance. Litehouse.co.nz
provides a 7 day grace period.
Invoices are generated on either the last day of the month
or the 1st of each month and payment should be made within
7 days. Should you wish to make payment by cheque, the cheque
is to be deposited into our account within 3 days of receiving
your invoice, this allows time for cheque clearance.
Our prices are at wholesale rates and are subject to payment
within 7 days, if payment is received outside of the 7-day
period an additional 25% fee may automatically be added
to at the discretion of Litehouse.co.nz.
We reserve the right to change the monthly payment amount
and any other charges at anytime however we will advise
you of any foreseeable changes to service charges before
they occur.
Should a debt be unpaid for over 3 months, We reserve the right
to pass the debt to a debt collection agency. You agree to
pay for any charges associated with collection of the debt and
use of the debt collection agency whether direct or indirect.
5.) Backups, Data/Financial Loss
While our servers is backed up, your use of this
hosting service is at your sole risk. We are not responsible
for files and data residing on your account or any loss of data
or any subsequent loss of income due to your web site or email
services being un-available. You agree to take full
responsibility for files and data stored and transferred
and to maintain all appropriate backups of files and data
stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel your account at any time however
will seek to advise you of any situation where your account
required cancellation.
Customers may cancel services with Litehouse.co.nz at any
time by notifying Litehouse.co.nz via telephone. Once notifcation
has been received, Litehouse.co.nz will confirm the cancellation
with the appropiate authorised person and service cancellation
will occur the last day of the following month.
Litehouse.co.nz reserves the right to charge customers for the
additional month of service at the time of cancellation.
We give you an unconditional 30-day money back guarantee
for our managed shared hosting service. Only first-time
accounts are eligible for a refund. 30 days after the hosted
service is setup, customers are no longer eligiable for any
refund. If you've had an account with us before,
you are not be eligible for any refund.
All hosting packages have a minimum term of 6 months hosting
of all services taken. If requesting cancellation of any hosting
service within the first 6 months, the service/s (domain/site/email)
can be removed charges for the remaining months are still required
to be paid in full.
7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Upon
reaching 85% of your bandwidth allocation, you will receive
an automated email informing you of the current usage. Should
your account pass the allocated amount we reserve the right
to suspend the account in question 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.
We will inform you of any additional charges for the additional
bandwidth at the time your usage reaches 100%. Unused bandwidth
traffic allocation in one month cannot be carried over to the next
month. Where possible, Litehouse.co.nz will attempt to contact
the designated contact person via telephone if provided to
Litehouse.co.nz to discuss bandwidth requirements and charges
when exceeding monthly allowances.
8) Price Change
The amount you pay for your services hosted each month is
static. They will not change daily. We reserve the right
to change our prices, and the right to change
the amount of resources given to plans at any time. Litehouse.co.nz
will notify the designated contact person via email or
telephone where supplied by a customer of any increase in price
60 days in advance.
9.) Indemnification
As the customer, you agree to defend, indemnify, save and hold
us (Litehouse.co.nz) harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable legal fees
asserted against us, its agents, its customers, officers
and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product
sold to you or your customers, its agents, employees or assigns. As the
customer, you agree to defend, indemnify and hold harmless
any liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed
in connection with us; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any
defective products sold to customers utlising Litehouse.co.nz
server/s or service/s.
10.) Privacy Policy
Litehouse.co.nz will not disclose your personal details
to any third party without your prior consent, except for
debt management and legal purposes.
11.) Network Management
Litehouse.co.nz may control, monitor and/or log transactions
to/from your account/services for the purposes of network
management and to fulfil any legal requirements.
12.) Disclaimer
We will not be responsible for any damages your business
may suffer. We make no warranties of any kind, expressed
or implied for services we provide. We disclaim 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 any equipment failure either caused by our access provider,
our employees or parties external to Litehouse.co.nz.
13.) Changes to the Terms of Service
We reserve the right to revise these policies at any time
without notice.