Terms and Conditions
Terms of Trade Agreement – Strobe-Quik Web Solutions Ltd
Trading as: Internet Solutions Group
1. Strobe-Quik Web Solutions Ltd does not permit any objectionable material on their web servers. Strobe-Quik Web Solutions 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.
2. Strobe-Quik Web Solutions Ltd may send to you,. 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 account processes, terms and conditions, web hosting or domain services.
3. We will not share your personal information with any other person, company or government agency, unless required by law or by a court order.
4. Hosting fees are non refundable. There will be no refund for any unused portion. You need to notify us prior to your hosting anniversary date if you want to change plans, failing which we are not obliged to make any changes.
5. Strobe-Quik Web Solutions Ltd is not responsible for any loss of income or any other loss, direct or consequential, suffered by you as a result of down time or loss of your website, caused by
a. suspension of your hosting for failure to pay your fees on time
b. attacks by hackers,
c. crash of your server, or
d. for any other reason which is outside of the control of Web Widgets Ltd.
Strobe-Quik Web Solutions Ltd will use its best endeavours to provide a minimum of 99% availability of your website. If you receive less than 99.9% uptime over a 3 month period, we will give you a hosting credit on a pro rata basis of 10% reimbursement per 1% outage
6. 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.
7. All posted statements must be paid in full by the 20th of each month. Interest at the rate of 20% per annum will be payable on all arrears payments, calculated from the date of default until payment. In addition, any default in payment will result in the suspension of your hosting. If payment is not received within 30 days, your account will be referred to a debt collector.
8. Any expenses, disbursements & legal costs incurred in the enforcement of any rights contained in this contract shall be paid by the Customer, including but not limited to any solicitor's fees, debt collection agency fees and court costs.
9. A deposit of 50% of custom design or development fees are payable in advance before any work commences. This fee is non refundable. At the completion of the design mock-up stage, you may cancel without incurring further expense. Payment of the remaining 50% is required once you authorise Strobe-Quik Web Solutions Ltd to complete the job. Receipt of this payment is due before the design can be made live.
10. We will provide at least 14 days notice of a domain name renewal date. Domain name fees must be paid within five business days of their expiry date, or your website will go offline due to non payment. You will 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 name in good faith.
11. Strobe-Quik Web Solutions Ltd provides industry standard encryption of credit card details via SSL certificates and security behind a firewall, but Strobe-Quik Web Solutions Ltd does not accept responsibility for any transactions completed on your website between you and your customers. Without limiting the generality of the this limitation of liability, Strobe-Quik Web Solutions Ltd is specifically not responsible for transactions occurring through any payment gateways on your website, 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. Strobe-Quik Web Solutions Ltd 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.
12. Strobe-Quik Web Solutions Ltd is not liable for any loss or consequential loss of any kind due to any cause including but not limited to, lack of server availability, payment gateway interface, application or configuration error, system error or user error.
13. Strobe-Quik Web Solutions 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.
14. 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. Strobe-Quik Web Solutions Ltd is at fault, then that time will not be chargeable. We suggest that all businesses ensure they have a local computer technician to diagnose problems at their own end first.
15. 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, 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.
16. Ownership, the client will retain ownership, once paid in full, the design and content of the web site, unless built under ‘Go Kiwi’ brand where the CSS is part of the content management system and cannot be separated.
17. Strobe-Quik Web Solutions Ltd uses it’s own CMS content management system and is a property product of Strobe-Quik Web Solutions Ltd and will not be released to a third party.
18. Strobe-Quik Web Solutions Ltd staff operate during standard New Zealand working hours and is closed over the Christmas / New Year 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 per hour, if your issue does not relate to server downtime or errors in functionality of contact forms or shopping carts.
19. In any event where Strobe-Quik Web Solutions 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.
20.In addition to these Terms, for domain name registrations of ".nz" domains you are also bound by and you agree to comply with the New Zealand policies published from time to time at http://www.dnc.org.nz/policies. If you have a .nz domain, then, by entering into this agreement with Strobe-Quik Web Solutions Ltd, you acknowledge that you have read and
understood the current policies.
21. These terms of trade are governed by New Zealand Law and any dispute will be subject to the jurisdiction of the New Zealand Courts