This Agreement details the terms and conditions governing your use of the services made available to you by Internet by Design Limited, now referred to as "Internet by Design", "We" or "Us". Use of this website, or of products or services offered in this website, or by Internet by Design represents that you have read and understood these terms and conditions. This represents the whole agreement and understanding between Internet by Design and the individual, corporation or organisation who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT WITH CARE. Internet by Design reserves the right to terminate any transaction, service, account or product, should you be found to be in violation of these terms and conditions.
Internet by Design reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: https://ibd.nz/terms Your use or order of any of Internet by Design's services demonstrates your unconditional acceptance to this Agreement.
Internet by Design provides a wide range of web-based services, including web site hosting, solutions for business, maintenance service, and consultancy services. When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, and what you are receiving, and are aware of charges, limitations, additional charges that may be relevant, and specific limitations which may apply. Internet by Design endeavours to provide reliable, continuous services at all times, however the service is not totally fault-free and relies on factors outside the control of Internet by Design. Internet by Design's services are provided at such times and means to the customer as is practical.
We retain the right to refuse service to anyone at any time. We reserve the right to change the nature of a plan (speed, data, price) with one month's written notice.
Pricing information will be made available to you through our websites. Subscription services are payable as invoiced. The customer agrees to pay for any charges incurred by the customer or it's users, or by any use of the customer's account (whether authorised or not) The customer agrees that they will pay for all goods and services prior to the due date. Failure to make payment by the due date may incur a 10% penalty on your account. Failure to pay within 30 days may result in your account being restricted or suspended, and service-related fees will be charged for re-instatement of your account. Services will be terminated with all data lost if 45 days elapses without invoice payment. Customers will be charged all costs associated with debt collection for any overdue accounts.
The Customer must provide and pay for any other equipment needed to access the Service at their own cost, and agrees that Internet by Design will not provide software or advice as to how to use the service without payment, for any consultancy service. The customer will be liable for all fees and expenses incurred by any security breach, attack or customer error that involves the customer's hardware, software, or network configuration.
Any subscription service you register for will be treated as a fixed, on-going contract. Should you wish to cancel your service, you are required to give at least 30 days notice subject to the end of any term contract. Your account will be suspended at the end of the service period which you have paid up for. No refund for unused subscription is available.
Internet by Design does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Internet by Design network or promoting information on websites hosted by Internet by Design will be considered in breach of this Agreement and Suspended from the Service immediately. Your use of the Service must be in compliance with New Zealand laws and laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviour prohibited by the Service:
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Internet by Design makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Internet by Design is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Internet by Design.
For greater certainty and without limitation to the generality of the following:
You agree to indemnify and hold Internet by Design harmless from and against, and to reimburse Internet by Design with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Internet by Design by reason of or arising out of or in connection with:
Without limiting any other provisions of the contract, neither Internet by Design nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event. Nothing in this clause shall excuse payment of any money due or which becomes due under the contract. Internet by Design will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
The rights and obligations of either party which are affected by a force majeure event shall be suspended during the continuance of the force majeure event, and either party claiming to be affected by the force majeure event shall give immediate notice to the other party containing full particulars of the force majeure event. The party giving notice under this clause shall take all reasonable steps to mitigate the effects of the force majeure event and remove such force majeure event provided that neither party shall be required to remove any such force majeure event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
The Customer acknowledges that supply under this contract is a supply for business purposes or your intent was or is to use our services in part or in full for such purpose then you agree, to the extent legally permitted, in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 ("Act") and accordingly, subject to clause 16 the provisions of the Act do not apply to any supply made pursuant to this agreement. The Customer agrees and acknowledges that in no event will Internet by Design be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods or services and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of Internet by Design will not exceed the purchase price paid by the Customer for the goods or service. When the Customer on-sells the goods to customers who purchase the same for business purposes the Customer shall contract out of the Act in same manner as per above. Should the Customer fail to do this the Customer will indemnify Internet by Design against any claim expense or loss suffered by the Seller as a direct or indirect consequence of such failure. No claim shall entitle the Customer to withhold payment of any sum due to Internet by Design under this or any other contract nor shall a claim give any right to set off any payment due to the Customer by us.
Internet by Design reserves the right and sole discretion to:
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
If you are a reseller of any of our services or act as such in on-selling or otherwise providing to another the services we provide for you, you agree:
The Customer cannot assign its rights under any agreement with Internet by Design without the prior written consent of Internet by Design.
Where you have entered into a separate service agreement with us, the terms of a service agreement will take precedence over any one of these terms and conditions in the event of a conflict. Any such clauses from these terms and conditions would then be severable, while all other remaining clauses not covered by a separate service agreement will remain enforceable.
Help desk staff are available 8am to 9pm, Monday to Friday and after hours for urgent needs. Every call handled is attempted to be resolved during the first contact. If the fault is something that the help desk is not able to resolve, we have detailed procedure escalation documents to ensure that the person responsible for that particular device or service is contacted as soon as possible. Any escalated or technical support request will normally be required to be sent, by you to our help desk via e-mail.
These Terms and Conditions, as may be updated from time to time and posted at, https://ibd.nz/terms represent the complete agreement and understanding between us with respect to the Service. This agreement is governed by and construed in accordance with the laws of New Zealand and both parties submit to the jurisdiction of the courts of New Zealand.
Internet by Design Ltd
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