We endeavour to always operate in a fair and reasonable manner, and our goal is to build long lasting relationships with Customers by providing high quality Professional Services. Having said that, there are some Terms and Conditions our lawyers have told us that we need to make you aware of. The complete (“Terms and Conditions”) Agreement can be downloaded from our website.
We do ask that you take time to read them in full before ordering any Goods or Services from us, as once we have accepted your order all Terms and Conditions are binding.
Terms and Conditions Summary;
Parties to the Agreement
We agree to provide you with Services, and you the Customer agree to accept the Services subject to our Terms and Conditions
KiwiGeeks will provide Goods and/or Services to Customer for the Term specified on the Submitted Order Form or Quotation.
Subscription based Services such as Shared Hosting or Server Rentals, upon completion, and unless otherwise advised in writing 30 day’s prior will be renewed for an additional term equal to the length of the initial term (in most cases this is one month, or one year).
The as current price of Services will be advertised on our website(s), and may from time to time change.
You agree to pay for all purchased Goods and Services on the Invoice due date.
For Subscription based services such as Shared Hosting or Sever Rentals payment will be due on the commencement day of each term.
For Web Design and Development Projects, we may charge up to 50% of the agreed price of the project in advance, with the remainder becoming due upon completion and approval of the project.
For IT Support Services, payment will be due upon completion of each visit.
You may terminate any subscription agreement by providing thirty (30) days written notice.
You may cancel any Web Development project by providing seven (7) days written notice.
You may cancel any IT Support visit with at least two (2) hours written or verbal notice.
We may terminate the Agreement without any notice if any Term or Condition of this Agreement, or breach of our Usage or Privacy polices has been determined or suspected.
All content, and user content stored by you on our servers, shall remain at all times your property.
Any merchandise sold by us to you, will remain our property until paid in full, at which time title of ownership is transferred.
Use of Information
You agree that in the course of our business, we may obtain information about you from any other person or business, and you consent to any person providing us with such information.
You agree that we may give any information we have about you relating to your credit worthiness to any other person for credit assessment purposes.
If the Goods or Services acquired by you are for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.
You acknowledge that no Express Guarantees (as defined in the Act) are provided.
You shall be responsible for all aspects of the development and operation of your web site.
You are responsible for the security and confidentially of any data stored by your web site, including but not limited to user and payment information.
You are responsible for ensuring you have the rights to use any content or material on your web site such as media, scripts or applets.
You grant us the right to reproduce, copy, use and distribute all and any portion of your content to the extent needed to provide and operate the Services.
Disclaimer of Warranty
You agree to use all Services at your own risk.
You acknowledge we have no control over, and accept no responsibility for the content passing through our servers, computers, networks or the internet.
You are responsible for backing up all content, including but not limited to, email, web site data and databases.
You agree to indemnify, defend and hold us, any parent, subsidiary or affiliated company against any and all claims, damages, losses, liability, suits, actions, demands or proceedings asserted, or filed by a third party as a result of your use of our Services.
Limitation of Liability
You agree that under no circumstance shall we be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to us at the time) which may exist in the Services or equipment used to provide the Services.
We shall not be liable for failure or delay in performing obligations if such failure or delay is due to circumstances beyond our reasonable control.
This Agreement shall be governed in all respects by New Zealand Law.