protectKiwi Ltd will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.
Publication at Customer’s Risk
The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies protectKiwi Ltd against any liability in relation thereto. In particular, the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The Customer also acknowledges that protectKiwi Ltd does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law, the Customer accesses and uses such information and material at his or her own risk.
Any Access to the Website is password-protected. Any phyical access to the Server is protected by a Firewall. Any access on Server-Level has to be limited to known Sources and encrypted. The Customer is not allowed to give access to a third party, that is not secured based on best practices. protectKiwi Ltd can provide consulting for secure infrastructure including compliance based on the PCI Standard.
Provision of Service
protectKiwi Ltd endeavors to provide continuous uninterrupted service at all times; however, the Service provided to the Customer is not fault-free and relies on factors outside the control of protectKiwi Ltd. The Service is provided to the Customer at such times and means as protectKiwi Ltd decides.
Exclusion of Liability
Except as provided in the following clause protectKiwi Ltd is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from protectKiwi Ltd’s supply or failure or delay in supplying Service including as a result of our own negligence.
b) the content, context, or confidentiality of any communications made using the Service. protectKiwi Ltd does not provide support for third-party software, including software downloaded from the Internet.
c) The Customer is liable for any installation of software or configuration by Third Parties, that he grant to the Service we provide. Given access to third parties that jeopardize the security of our infrastructure, allow protectKiwi Ltd to terminate the contract immediatally.
Limitation of Liability
Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and protectKiwi Ltd will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by protectKiwi Ltd. However, protectKiwi Ltd’s liability for any breach of such implied term or warranty will be limited at protectKiwi Ltd’s option in accordance with this clause or in any way permitted by the legislation.
a) The Service is an automatically renewing subscription payable in advance.
b) Payments can be made by Paypal, Invoice Cheque, Visa, Mastercard or Direct Debit.
d) The Customer must pay for all Service charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by protectKiwi Ltd resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.
e) The Customer is liable for all overuse on their account and must pay all service overuse charges as they arise.
f) protectKiwi Ltd reserves the right to upgrade accounts that regularly exceed their quota, where this is a lesser charge than overuse. In the event of an upgrade, protectKiwi Ltd will provide 7-days written notice of the change and any fees that may apply. Customers can downgrade accounts at anytime once usage has been reduced.
g) Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option selected by the Customer. Any questions regarding the charges on an account must be addressed within 14 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
h) protectKiwi Ltd will endeavor to notify by email where an account is overdue and facing suspension, however, no responsibility is accepted for the successful receipt of email messages.
i) Any unpaid accounts will be sent to a debt collection agency (i.e. Baycorp Ltd) and any fees incurred during this process will be passed on to the client. This clause is intended for the benefit of and enforceable by our debt recovery agency under the Contracts (Privity) Act 1982.
j) Accounts with an overdue balance may be suspended without further warning. Suspended accounts may not be altered or closed until full payment is received.
The Customer shall indemnify protectKiwi Ltd against any loss (including any loss of profit) incurred by protectKiwi Ltd as a result of any breach of the terms of any agreement with protectKiwi Ltd including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
The Customer shall indemnify protectKiwi Ltd against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.
Either party may terminate a non-fixed term agreement with written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given protectKiwi Ltd may terminate any agreement of the provision of any Service if:
a) the customer breaches any term of any agreement; or
b) for any other reason by giving 30 working days notice, when not agreed otherwise in a written contract or accepted quote; or
c) Any renewed service can be cancelled from both parties within 15 days after the automatic renewing of a subscription.
All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement. Normally, we will charge a $10.00 cancellation fee to cover Administration charges in the process of a refund.
Upon the request of the Customer for termination or due to an protectKiwi Ltd procedure, all customer data, email, backups, and configurations will be deleted from our servers.
Suspension of Service
protectKiwi Ltd may from time to time (without notice, for reasons other than non-payment, reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a) during any technical failure, modification or maintenance involved in the Service although protectKiwi Ltd will endeavor to procure the resumption of the Services as reasonably practicable; or
b) if the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in protectKiwi Ltd’s opinion may have the effect of jeopardising the operation of any service.
Not withstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding the Service in any way which is to be used for purposes which are or could be competitive with the Service.
The Customer cannot assign its rights under the agreement without the prior written consent of protectKiwi Ltd. protectKiwi Ltd may transfer our rights and responsibilities under this assignment to another party with 30 days’ written notice to you.
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
Users of protectKiwi Ltd are expected to adhere to all the policies of protectKiwi Ltd, available in writing upon request.
While spamming and port scanning may not currently be fully illegal activities in New Zealand, protectKiwi Ltd does not support or condone these activities without the express consent of the recipient or administrator of the recipient system.
The protectKiwi Ltd servers may be used only for lawful purposes. Users may not use protectKiwi Ltd’s Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive, hateful or otherwise defamatory.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition, any site selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links include pirated software, hacker programs, warez sites, IRC bots, Skype Bots and file archives (such as audio/video).
protectKiwi Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Any attempts to undermine or cause harm to a server is strictly prohibited.
protectKiwi Ltd’s servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames or mail bombs. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to include any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your Domain.
We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
Client Content, Backups and Data Loss
You acknowledge that unless you subscribe to a Backup Service that expressly includes the independent backup of Your Content and Software as a service, protectKiwi`s backup activities are primarily for our own disaster recovery purposes and that you are reponsible for the storage, backup and archiving of your content, software and databases,
protectKiwi Ltd assumes no liability for lost content if a hardware or system failure occurs and data maintained on the affected servers cannot be recovered from the most recent backups. Access to your own customer content is provided to the Customer at any time. It is the sole responsibility of the account owner to ensure that they maintain their own backup copy of any materials placed on protectKiwi Ltd Servers, or of any database maintained on any server operated by protectKiwi Ltd in the event protectKiwi Ltd is unable to restore customer content from backup.
At no time shall protectKiwi Ltd assume ay liability for lost customer content.
protectKiwi Ltd maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.
All notices under this agreement shall be given to the last known e-mail address of the Customer, either the address on the Application or as advised by the Customer to protectKiwi Ltd at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps protectKiwi Ltd informed of the current and active e-mail address of the Customer.
- If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
Rights and Responsibilities that Continue
The canceling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards.