TERMS AND CONDITIONS
1. Without limiting the indemnity and liability provisions below 2qik Limited will not be responsible in any way for any losses damages costs or expenses as a result of your failure to comply with our “Acceptable use policy”.
2. You must contact us by E-mail to if you wish to cancel your WebHosting/ Email services.
3. Failure to follow our “Acceptable use policy” may result in supply of WebHosting services being immediately suspended without notice until such time as your site again complies with the policies.
4. 2qik Limited reserves the right to modify, enhance and withdraw the service and alter it's Policies and these Terms and Conditions. In the event of any change 2qik Limited shall notify you by email giving a minimum of 30 days notice of the change(s).
TERMS OF PAYMENT
In consideration of 2qik Limited providing you with the service, you agree to make payment as follows:
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1. Invoices will be sent at the end of the month for payment by the 20th.
2. Provided payment of the renewal cost is made prior to expiration of the existing agreement, supply of your WebHosting/ Email services will roll over without disturbance.
3. No refunds for early cancellation will be made.
4. If payment of renewal fee is not received by 5 days after expiration date, your WebHosting/ Email services may be disabled.
PERFORMANCE CREDIT
Performance Credit occurs when 99.95% uptime is not met. 2qik Ltd will refund the customer 10% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Service downtime is measured from the time we are notified of the problem(via email or Phone) until the service is restored.
This excludes any scheduled downtime.
LIMITIATION OF LIABILITY AND INDEMNITY
2qik Ltd will not be liable for any third party claims and/or third party costs, losses, expenses and/or damages whether brought against 2qik Ltd or you and which relate to your sites. Further you will agree to fully indemnify 2qik Ltd, its employees, owners and directors, against all such third party claims, costs, losses, expenses and/or damages including all reasonable legal costs of and incidental to 2qik Ltd and/or its owners, employees and directors defending themselves
(a) You agree we will not be liable under any circumstances for any or all special, indirect or consequential damages (including without limitation loss of profits) that result from a breach or a failure or any act or omission on our part.
(b) You agree our maximum liability under all circumstances for any event or occasion causing you loss or damage shall be the aggregate fees paid by you during the 4 months immediately preceding the event or occasion causing the loss or damage.
APPLICABLE LAW
1. The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
2. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
3. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
CANCELLATION
You acknowledge the right of 2qik Limited to cancel this agreement at any time upon a breach of these terms and conditions remaining unremedied after 7 days notice in writing to your last known contact address. Any cancellation shall be subject to the exemption from liability that 2qik Limited has in such circumstances. Any cancellation shall be notified to you by email at your last notified email address.
You must provide 30 days notice of cancellation of services unless 2qik are in breach of their contracted obligations.
You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.
ACCEPTABLE USE POLICY
The 2qik Limited servers may be used only for lawful purposes. Users may not use the 2qik Limited 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 or hateful.
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:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3
Server Abuse - Any attempts to undermine or cause harm to a server is strictly prohibited.
Background Daemons in general are not allowed, but may be organised if you contact us.
Commercial Advertising - Email:
2qik Limited 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 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.We will be the sole judge of the fact.