> Terms and conditions of use

Total Website Legal Agreement


Welcome to Total Website NZ Ltd The terms “us”, “we”, “our”, “Company” or “Total Website NZ Ltd” refers to Total Website NZ Ltd The terms “you”, “customer”, or “client” refers to the user of the services we provide. The terms “site” or “website” refer to the Total Website NZ Ltd website, totalwebsite.co.nz and the term “services” refers to the Total Website NZ Ltd website and services and products we provide. This Agreement governs your purchase and use, in any manner, of any of the services we provide or our Website. Please review this policy carefully. Total Website NZ Ltd reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the totalwebsite.co.nz website. It is your responsibility to regularly review this Agreement and your failure to do so does not relieve you of complying with this Agreement. If you do not agree to the terms of this Agreement, do not accept this Agreement. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Total Website NZ Ltd of your termination of services according to the appropriate agreement or policy below. Your use of our services or site constitutes acceptance of this Agreement and you agree to be bound by the terms and conditions contained herein and guidelines incorporated by reference.

This Agreement incorporates the following items:

Terms of Use

  1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or though the Site, and the subject matter of this Agreement.

  1. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the services, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

  1. Service Marks

“Total Website NZ Ltd”, “totalwebsite.co.nz”, and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the site or with the use of our Services may be trademarks of their respective owners.

  1. Total Website NZ Ltd Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Total Website NZ Ltd or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Total Website NZ Ltd to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Total Website NZ Ltd or its suppliers. Please see our “Copyright & Trademark Notice” for additional information.

  1. Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the site strictly in accordance with this Agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version on any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. Restrictions and Prohibitions on Use

Your license for access and use of the Site, Services and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the services or any Content and Materials retrieved there from; (b) use the services or any materials obtained from the services to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the services; (d) use any content and Materials from the services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the services; (f) make any portion of the services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site or services software or manual process to harvest information from the services; (i) avoiding, interfering with or disallowing any security tracking or monitoring efforts; (j) use the services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (k) use the services in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitation; and (l) export or re-export the services or any portion thereof, or any software available on or through the services, in violation of the export control laws or regulation of the United States; (m) any action which we determine, in our own judgment, will reflect poorly on us or negatively impact our operations; (n) any action which we deem to be an unacceptable use of resources, business practice or otherwise improper to us and our partners.

  1. Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.

  1. Acceptable Content

You may use our Services provided that your activities, site and/or content does not engage in or display any illegal, pornographic, or otherwise offensive nature. Any violations may result in immediate suspension or termination of your account.

  1. Advertisers

The Site and Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality of any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

  1. Support

We encourage a professional relationship with our customers. Abusive, threatening, obscene or otherwise harassing communications with us, via phone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. We have competitive product and service rates. With these competitive rates, you still have free support via email and/or phone. In most instances, we will try to assist you by email and/or phone. If any issue of support is determined to be our fault, there will be no charge for the support. If the issue is determined NOT to be our fault, you will be billed at $65 an hour with a quarter-hour ($16.25) minimum charge.

For example, but not limited to:

  • Assisting you over the phone to learn or setup your own choice of software or computer;
  • Making changes to your website where it causes it not to display properly and we must restore from backup, troubleshoot the page or recreate/re-code the page;
  • Making changes to your email account where you can not access it;
  • Making changes to your domain or DNS entries where your website/email no longer functions;
  • Adding or modifying any account to include or remove services such as web or email or DNS, etc;
  • Helping you remove a virus or spyware
  1. Registration and your Representations to Total Website NZ Ltd

Certain sections of, or offerings from, the Site and Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

You also warrant, represent, and covenant to Total Website NZ Ltd that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) You guarantee any elements of text, graphics, code, photos, designs, trademarks, or other artwork provided for use in the services are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Total Website NZ Ltd and its subcontractors from any liability or suit arising from the use of such elements; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

  1. Notices

As a customer, you understand and agree Total Website NZ Ltd may send you notices regarding your services or account, either by email or regular mail. These notices include, but are not limited to, scheduled maintenance, overages and billing updates.

  1. Errors, Corrections and Changes

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the services at any time. We reserve the right in our sole discretion to edit or delete any document, information or other content appearing on the services.

  1. Third Party Content

Third party content may appear on the site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

  1. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Enforcement

  • Investigation of Violations

Total Website NZ Ltd may investigate any reported violation of this Agreement, its Legal Agreement, policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Total Website NZ Ltd will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process.

  • Actions

Total Website NZ Ltd reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, our Legal Agreement or related policies, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies, third party rights or laws, Total Website NZ Ltd may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Total Website NZ Ltd’s systems, and/or (d) disabling or removing any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Total Website NZ Ltd which, in Total Website NZ Ltd’s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Total Website NZ Ltd to civil, criminal liability, public ridicule or poses a risk to its Services. It is Total Website NZ Ltd’s policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Total Website NZ Ltd to monitor or exert editorial control over the information made available for distribution via the Services. In the event Total Website NZ Ltd takes corrective action due to such possible violation, Total Website NZ Ltd shall not be obligated to refund to you any fees paid in advance of such corrective action.

  • Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Total Website NZ Ltd’s systems and customers, or to ensure the integrity and operation of Total Website NZ Ltd’s business and systems, Total Website NZ Ltd may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Total Website NZ Ltd’s servers and systems. Total Website NZ Ltd also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Total Website NZ Ltd’s Privacy Policy and Total Website NZ Ltd’s right to disclose under this section, Total Website NZ Ltd’s right to disclose under this section will control.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Total Website NZ Ltd and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlement, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Total Website NZ Ltd or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, Total Website NZ Ltd’s Legal Agreement, any Addendum or any applicable policy or guideline; (b) your improper or illegal use of the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

  1. Nontransferable

Your right to use the services is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

  1. Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITH OUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

  1. Limitation of Liability

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable there from, (b) the unavailability or interruption of the services or any features thereof, (c) your use of the services, (d) the content contained in the services, or (e) any delay or failure in performance beyond the control of a Covered Party.

UNLESS OTHERWISE OUTLINED IN A SEPARATE AGREEMENT WITH US, THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

  1. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding the site used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us via the site (collectively, a “Submission”) will forever be our property. We will not be required to treat any submission as confidential, and will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Total Website NZ Ltd may, free of any obligations to pay compensation, use your name and identify you as a Total Website NZ Ltd client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

  1. Third-Party Services

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.

  1. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  1. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking here.

  1. Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (a) any credit information you supply is accurate and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Our Billing Policy, as it may change from time to time, is a part of this Agreement. You must review this Billing Policy by clicking here.

  1. Refund and Return Policy

Refunds for goods and services you purchase directly from us are processed according to our billing policy. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at sales@totalwebsite.co.nz .

  1. Links to Other Web Sites

The Site and our Services contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  1. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work you claim has been infringed
  • A description of where the claimed infringing material is located on the Site
  • Your name, address, telephone number and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached by directing an email to the Copyright Agent at sales@totalwebsite.co.nz .
  1. Information and Press Releases

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

  1. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the services and the Content and Materials provide therein.

  1. Refusal of Service

We reserve the right to refuse service to anyone for any reason we deem appropriate, including, but not limited to, violation of our Legal Agreement or non-payment of services.

  1. Headings

The section headings used in the Total Website NZ Ltd Legal Agreement and included agreements and policies are for reference and convenience only and shall not enter into the interpretation hereof.

  1. Miscellaneous

This Agreement shall be treated as though it were executed and performed in Billings, Montana, and shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles). Any cause of action by you with respect to the services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 18 and Section 19 above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

  1. Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Billings, Montana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Billings, Montana necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

 

Billing Policy

This Billing Policy, as part of Total Website NZ Ltd’s Legal Agreement, applies to ALL of our customers. Please review the following terms carefully. If you do not agree to these terms, you should not use the services. The term “plan” refers to any product, service or item billed on a recurring interval. Web Services include, but are not limited to, Hosting, Search Engine Optimization (SEO) and ENewsletter services. Any questions or comments regarding this document should be forwarded to the Company at the following address: sales@totalwebsite.co.nz .

Payments and Billing Intervals
All prices shown are in NZ currency. Payments to us are to be made in NZ currency and must be drawn from a NZ bank.

We accept the following types of payment:

  • Check or Money Order
  • Credit Card (VISA, MasterCard, American Express, Discover)
  • PayPal

Web Services

Payment
All payments are due on the invoice date. The invoice date is the anniversary of the date the account was activated. If you provide us your credit card information, you are authorizing us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with this policy. Subsequent charges will be automatically charged to your credit card on the next invoice date. You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to card number, e-mail address, expiration date, billing address, or card status). If a transaction is declined and not resolved within 72 hours, your Hosting service may be suspended (see Suspended Accounts for additional information).

Customers not paying by credit card are to make payment of their balance due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended (see Suspended Accounts for additional information).

Programming, Design and Print
Programming, Design and Print services that have a contract or other written agreement are governed by the billing terms in the contract or agreement. Once the contract or agreement has been completed, these services revert to the billing terms stated in this policy.

  • Support

All work is created to be compatible with all current browsers and other Internet software and technology at the time of production. Any alterations or additions required post-production as a result of a technological industry advance, exploits or similar will be billed accordingly.

It is your responsibility to review any work done and report any problems, errors or bugs within thirty (30) days. Any items reported after the thirty day period will be billed accordingly.

  • Payment

All payments are due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended. A past due status may lead to suspension of any work currently in our office and all new work requested, (see Suspended Accounts for additional information). You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to e-mail or billing addresses).

Other Services

Other Services, including, but not limited to, domain registrations, domain renewals, SSL certificates, may require prepayment. If prepayment is not required, billing will be governed by the “Programming, Design and Print” section of this Billing Policy.

Account Information

You agree to provide Total Website NZ Ltd with accurate and updated account information. This includes but is not limited to name, address, phone number, email address, and payment information. It is not Total Website NZ Ltd’s responsibility if we are unable to contact you as a result of inaccurate account information. Any changes to your account should be sent to sales@totalwebsite.co.nz. We will send you a confirmation notice when we receive and update your account. If you do not receive a confirmation within two (2) business days, please contact us immediately.

Past Due Accounts

Finance charges are applied to past due accounts at a rate of 1.5% per month (18% annual rate), with a $1.00 minimum charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fee, court costs, and collection agency fees.

Total Website NZ Ltd reserves the right to require credit card auto billing or prepayment for accounts that are repeatedly past due.

Suspended Accounts

  • Web Services

You will be charged a $75 account reactivation fee for service suspended due to a billing-related issue. It is your responsibility to maintain a valid and working email address listed with our billing department at all times while service is being provided. Renewal invoices are sent via email to the contact email listed on your account. Failure to receive a renewal invoice does not compose grounds for non payment of renewal. Accounts that are not reactivated within seven (7) days of suspension will be closed and removed from Total Website NZ Ltd’s servers. A customer wanting to reactivate an account that has been closed will be subject to the fees stated below under “Reactivation”.

  • Programming, Design and Print

The account must be brought current before work can continue or start. It is your responsibility to maintain a valid and working email address listed with our billing department at all times work is being completed. Failure to receive an invoice does not compose grounds for non-payment.

Disputes

If you have a dispute on an invoice you must provide us written notice explaining the dispute within sixty (60) days of the invoice date. No disputes will be accepted or acknowledged beyond these sixty (60) days. Dispute notices should be sent to sales@totalwebsite.co.nz.

Account Renewals

In order to insure uninterrupted service to your website and related services, all plans will automatically renew at the end of the plan’s billing interval. Plan renewal charges are based on the current rate on the date of renewal according to the service selected. Plans are renewed for the same billing interval. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Invoices and Statements

ALL invoices and statement are e-mailed. You are required to keep a valid billing email address at all times. If paper billing is required, we can provide paper invoices and statements, if requested, for a monthly fee of $10.

Fees

  • Returned (NSF) checks

We charge a $30 processing fee for returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order.

  • Credit Card Chargebacks

We have a zero tolerance for chargebacks. Customers who dispute a credit card payment are subject to a fine, suspension and account termination at our discretion. A $35 processing fee will be assessed to all accounts that receive a chargeback.

  • Reactivation

Customers that choose to reactivate a closed account will be charged a $100 reactivation fee. Backups for hosting accounts are only kept for seven (7) days. If we are required to go to other sources to restore your data for accounts closed for more than seven (7) days, you will be subject to additional fees. We do not guarantee that your data will be available in those other sources for accounts closed for more than seven (7) days.

  • Hosting Plan Changes

Customers electing to change to a lower priced hosting plan on the same platform will be charged a $35 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan; however, you will be charged any difference between the plan fee applicable to your new and prior plans.

  • Account Splits and Mergers

We encourage customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that we separate one or more plans contained in one account into separate accounts. The fee for this service is $49 for each new account created and is charged to the new account. Please direct all requests for these services to: sales@totalwebsite.co.nz.

Cancellations/Terminations

Web Services
Our plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact us during business hours, Monday through Friday 8:00 a.m. to 5:00 p.m. at 0211029509 or email at sales@totalwebsite.co.nz. Please note that there are no pro-rated refunds after the first 30 days of service. Non-NZ customers may contact us via email at sales@totalwebsite.co.nz.

Cancellation requests must be received by us a minimum of thirty (30) days prior to the end of your billing interval. Cancellations submitted later than this time may result in your plan being automatically renewed. Your account will be cancelled at the end of the current term, unless you request an earlier date. We will confirm the cancellation request when it is received. If you do not receive a confirmation notice, please contact us immediately. It is your responsibility to remove any data from Total Website NZ Ltd’s server when you cancel your service. A $75 fee will be charged if you request Total Website NZ Ltd to backup and send your files to you.

We do not monitor or automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our services.

Programming, Design and Print
Your account may be cancelled at any time by you. To cancel your account, you must contact us during business hours, Monday through Friday 8:00 a.m. to 5:00 p.m. at 0211029509 or email at sales@totalwebsite.co.nz. Non-NZ customers may contact us via email at sales@totalwebsite.co.nz.

Liabilities and Obligations on Cancellation
Should your account expire or be cancelled for any reason, Total Website NZ Ltd will not be liable to you because of such expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such expiration or cancellation. Expiration or cancellation of your account does not relieve you from paying any outstanding balance owed on your account.

We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate. Only accounts cancelled by Total Website NZ Ltd for other than billing problems or violation of Total Website NZ Ltd’s Legal Agreement may be due a pro-rated refund of any pre-paid fees.

30-Day Money Back Guarantee

Each of our hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation.

Examples of services that DO NOT qualify for the 30 Day Money Back Guarantee:

  • Web or graphic design
  • Search engine optimization
  • Additional items and services
  • Domain name registration
  • Dedicated services
  • Reseller program items and services
  • Domain parking
  • Overage fees
  • Consulting

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Billing/Price Changes

You agree to pay for all charges attributable to your use of the Services at the then current Total Website NZ Ltd prices, which shall be exclusive of any applicable taxes. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. Our policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

 

Copyright

  • totalwebsite.co.nz, the material on totalwebsite.co.nz, the software, design, text and graphics comprised in totalwebsite.co.nz and the selection and layout of totalwebsite.co.nz, unless explicitly stated otherwise, are owned or licensed by us and protected by copyright under the laws of the New Zealand and other countries.
  • You may view this website and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting the site.
  • You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with Total Website NZ Ltd’s prior written consent.

Trade Mark Notice

This site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word Total Website NZ Ltd, totalwebsite.co.nz, the Total Website NZ Ltd logo, the V logo, and All Things Web. You may not use these trade marks or the names “Total Website NZ Ltd”, “Total Website NZ Ltd” or “totalwebsite.co.nz”.

Linking to third party sites

This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Total Website NZ Ltd of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk.

Framing

You must not frame any of the material appearing on totalwebsite.co.nz without Total Website NZ Ltd’s prior written consent.