Acceptance of this agreement is binding by commencing the 30 day free trial, registering a domain name, paying any hosting fee, or by providing any communication (by email, phone, fax, or post) to Web Widgets Ltd that we should begin web development services. We will communicate this agreement via our monthly newsletter if there are any changes to the agreement.
Web Widgets Ltd does not permit any objectionable material on their web servers. Web Widgets Ltd will not host websites that contain, or link to, any illegal content (under NZ law), nudity, pyramid schemes or gambling. Web Widgets Ltd reserves the right to refuse hosting, or terminate hosting immediately, if they believe the content is objectionable. No discussion will be entered into.
Web Widgets reserves the right to send you a monthly newsletter if you have provided your email address to us via our website, requested a quote, started a free trial or made a purchase. You may unsubscribe at anytime. If you are a live website hosting customer, we may send you additional messages from time to time where we have important information to disclose to you regarding changes to our accounts processes, terms and conditions, web hosting or domain services.
We will not share your personal information with any other person, company or government agency, unless a court order requires that we do so.
Hosting fees are non refundable. You have the option of monthly, six monthly or annual hosting plans. There will be no refund for any unused portion. You need to notifiy us prior to your hosting aniversary date if you want to change plans.
Refer to the hosting page for current traffic allowances on each hosting plan. You are required to pay for the costs of any excess traffic on your domain name, and to change to a higher hosting plan in anticipation of a prolonged traffic increase.
Web Widgets Ltd is not responsible for attacks by hackers, or loss of website availability from denial of service attacks, excepting that Web Widgets Ltd will aim to provide a minimum of 99.9% availability of websites. If a customer receives less than 99.9% uptime over a 3 month period, they will receive a hosting credit on a prorata basis of 10% reimbursement per 1% outage.
All fees are charged in advance, with statements posted at the end of the calendar month. You must pay all fees charged to your statement prior to cancelling your hosting, even if you have not yet received the statement.
All posted statements must be paid in full by the 10th of each month. Failure to pay on time may result in suspension of your hosting. If payment is not received within 30 days, your account will be forwarded to a debt collector. Web Widgets Ltd reserve the right to recover debt collection costs, court costs and interest dated back to the original due date of the amount. The interest rate used will be 20% p/a.
A minimum of 33% of custom design or development fees are payable in advance before work commences. This fee is non refundable if you decide to cancel after you have provided Web Widgets Ltd authorisation to proceed. Payment of the remaining 67% is due on completion of the work. This payment is due before the design can be made live.
We will provide at least 14 days notice of a domain name renewal. Domain name fees must be paid within five business days of their expiry date, or your website may go offline due to non payment. You may lose registration rights if you fail to pay your outstanding fees within 90 days after that time. You must notify Web Widgets Ltd before renewal date if you do not wish to renew a domain name, or you may be liable for payment if we have renewed your domain in good faith. There are additional .nz Domain Registration Terms and Conditions here.
Web Widgets Ltd provides industry standard encryption of credit card details via SSL certificates and security behind a firewall. Web Widgets Ltd are not responsible for transactions occurring through payment gateways, or by customers placing fake orders, or customers providing invalid payment details, or merchants (or their staff) misusing credit card numbers, or any other monetary transaction on a merchant's website. Web Widgets provides SSL forms for credit card payments, but we do not advise their use, and will not be responsible for any misuse or loss of card details obtained by these means.
Web Widgets Ltd is not liable for "loss of income" due to any cause. This includes, but is not limited to, any lack of server availability, payment gateway interface mis-configuration, application error, system error or user error.
Web Widgets Ltd provides offsite backups, and will restore all websites free of charge in the event of a major catastrophe. However, fees will apply to restore individual websites or data due to customer error or non payment or non communication.
We provide email services at no additional charge to our web hosting service. Email errors can happen at several points in the chain. Therefore, we will only provide a level of support to confirm that email was delivered to your mailbox or ISP, and that for any mailbox provided by us, that both webmail and pop3 services are functioning correctly. If you require additional support, then we can provide support but that time is chargeable. If Web Widgets Ltd are at fault, then that time will not be chargeable. We suggest that all businesses ensure they have a local computer technition to diagnose problems at their own end first.
Web Widgets provides basic industry standard SEO, which includes selection of page titles, opening paragraphs and meta tags, utilising your keyphrases as we think best. Although we may give you advice during this work, our time does not include any training as to the methodologies we use. You may pay for additional training time if you would like to learn how to do this yourself. Our aim is to ensure your chosen pages are included in the search results that are relevant to the keywords. We do not guarantee position. Search engines are third parties who change the rules from time to time. They also have significant standdown periods before pages are indexed, or re-indexed, and may at times block certain pages. We will not guarantee position. We will guarantee to ensure your chosen pages are listed in the relevant search results for the keywords you chose (within three months after any other page on your website has been indexed), or we will refund the SEO fee for that page. The term "listed" does not mean top 10, it means anywhere in the relevant search results.
For any reported bug, you must provide the browser type, website address, page title, and required navigation to reproduce the bug. We will not investigate your problem until we have received that information. We will only provide warranty of service for Internet Explorer and Firefox web browsers. If you require compatibility with other browsers, this testing time will be at your own expense. For some advanced features of our content management system, we will only warranty service for use with Internet Explorer version 6 and above on a Windows machine.
Web Widgets staff operate during standard NZ working hours and is closed over the Christmas / New Years period. Outside of working hours you should txt/call our emergency mobile numbers for emergency support only. You will be liable for after hours support time at standard hourly rates, with a minimum fee of $100, if your issue does not relate to server downtime or errors in functionality of contact forms or shopping carts.
In any event where Web Widgets Ltd is found in error, any remuneration will be limited to the value of the relevant invoice. Remuneration will be limited to credits and will not be paid in cash.
Web Widgets is governed under New Zealand Law.
