Terms & Conditions
When a customer enters an agreement for services by ComCloud New Zealand (ComCloud) it is based on acceptance of these Terms & Conditions. These Terms & Conditions, together with specific contract agreements and associated invoices, shall form the Agreement between the customer and ComCloud.
These Terms & Conditions are valid in part or in full unless changes are agreed between ComCloud and the customer by written contract.
ComCloud provides a range of Internet services and other products and services for customers, both freely available and to purchase from websites owned and operated by ComCloud on behalf of ComCloud, or by direct arrangement. When the customer selects to enter an agreement for any services it is with the understanding of what each service is, what the customer can expect to receive, the costs, and the payment terms. If the customer does not agree to the terms of these Terms & Conditions, they may not enter into an agreement for services from ComCloud.
1) The nature of ComCloud services
ComCloud does not sell software. ComCloud enters into an Agreement with a customer for the provisioning of services, including access to websites, for a period of time (the contract period) as detailed in the Agreement (typically on the invoice) for the services. The customer does not own, lease, rent or in any other way acquire rights to any software that executes (runs) the online services. Dedicated IP addresses are provided as a service only and are as such not owned by the customer.
Other services provided by ComCloud to the customer are paid for in part or in full prior to development and/or delivery. Such services include implementation and/or adaption of website templates, custom development, and acquisition of third-party services/products on behalf of the customer.
Bespoke development in the form of changes or additions to our existing software in order to meet specific customer requests (i.e. new or changed features or functionality) is regarded as internal development which serves to expand the functionality of the services that we provide. As such, bespoke programming code developed for the customer will either be integrated into our software base or will be provided as separate service for the individual customer. Bespoke programming code developed for the customer is not owned by the customer but is owned by ComCloud for provisioning as a service to the customer.
ComCloud also provides a range of free services available to the general public. Such services are also provided subject to these Terms & Conditions.
Provisioning of third-party products or services facilitated by ComCloud on behalf of the customer (such as domain names, SSL certificates etc.) are not covered by this agreement. Third-party products and services are acquired by ComCloud for ComCloud and form part of the services provided by ComCloud to the customer.
ComCloud reserves the right to reject proposals for providing content on any specific domain name or URL. ComCloud reserves the right to remove without notice any URL and content on such URL for which the URL and/or the content displayed on such URL is by ComCloud deemed in contradiction to this Agreement.
All prices for ComCloud services as stated on any website owned and operated by ComCloud on behalf of ComCloud are given in New Zealand currency and are subject to GST for New Zealand customers.
Discount quote codes are at times provided on flyers, online ads, our website or through other media. Discount quote codes apply to the 'build' of a website unless otherwise explicitly stated. Discount quote codes can never apply to provisioning of third-party products or services such as SSL certificates, domain names etc. Discount quote codes are valid for up to 12 months from print date of flyer or ad exposure.
2) Support for services provided by ComCloud
Any charged service provided by ComCloud includes access to support for help and guidance on how to use/activate/operate the service. ComCloud offers access to telephone support within the first 30 days after delivering or initiating a service. Additionally, ComCloud offers access to online support during the full duration of the contract period. Online support requests will be responded to by ComCloud staff within 24 hours, excluding weekends and public holidays or otherwise if notified by ComCloud to the customer 14 days in advance. ComCloud will aim to respond to online support requests same day.
ComCloud offer no support for free services.
It is the customer’s responsibility to provide ComCloud with a valid email address which is not in any domain(s) used for any of the services provided by ComCloud.
ComCloud asserts the right to refuse service to any customer at any time for any reason.
ComCloud does not regularly monitor the content (including but not limited to texts, images, weblinks) the customer publishes on any of the websites provided by ComCloud.
It is the responsibility of the customer to ensure that all content published via ComCloud websites is legal, does not breach any intellectual property rights or copyrights, and fully complies with national and international law. This includes, but is not limited to any images, graphical representations, styles, guidelines etc. provided to ComCloud with the purpose of generating bespoke layout and design of the website. ComCloud cannot take responsibility of any content published by the customer via any ComCloud operated websites.
ComCloud reserves the right to suspend any website without notice and without refund on suspicion of breach of the Agreement.
4) Intellectual property rights
Any content added to a ComCloud website by the customer including but not limited to images, titles, descriptions, articles etc. is the intellectual property of the customer. Any data stored by the system in a database, files or otherwise, as part of normal operation of the system, including but not limited to customer data, orders and sales information is the intellectual property of the customer. ComCloud does under no circumstances claim intellectual property, nor responsibility, of any content added by and rightly owned by the customer. ComCloud will under no circumstances except by legal order give, sell or in any other way distribute to a third-party data which is considered the intellectual property of the customer.
However, the customer grants permission for ComCloud to, on any website managed by ComCloud, list, depict, refer to, or in any other way make reference to any products, services, images or other information that are listed on the website of the customer.
5) Access to the websites and online administration
The customer has the right to access any website, including the online administration for the website, 24 hours per day, 7 days per week, during the contract period.
ComCloud reserves the right to, at any time, access any website including the online administration for the website and the database supporting the website and content herein. ComCloud will not do so unnecessarily but will need to assert this right in order to provide support, implement features and changes, or performing system maintenance.
6) Contract period renewal
A contract period is the date interval, which is specified in the Agreement, typically on the invoice, for which ComCloud has agreed to provide a service.
A licence fee is paid prior to the start of a contract period and covers the full length of the contract period (typically 3 months). ComCloud will offer to renew a contract period from the end of an active contract period by sending the customer an invoice by email. This invoice will cover a new contract period. The renewal offer is accepted by the customer by payment of the renewal offer invoice prior to the end of the active contract period. The renewal offer is only considered accepted if the customer has paid the renewal offer invoice before the end of the active contract period. If the renewal offer is not accepted by the customer ComCloud will withdraw the offer invoice and terminate the services covered by the active contract by the end of the active contract period.
7) Overdue payments - payment terms
No credit terms are given. A finance fee of 2% per month is payable on all overdue amounts.
8) Cancellation, Termination of Services, Refunds
An Agreement with the customer covers a fixed contract period, stated on the invoice. The contract period is typically 3 months and services are paid for prior to commencement of the contract period.
An Agreement expires at the end of the contract period but can be renewed for additional contract periods.
An Agreement cannot be cancelled partway through a contract period but will expire at the end of the contract period.
The customer can request termination of services at any point in time during a contract period. However, no refund can be offered for the remainder of the contract period.
Setup fees are not refundable once work has begun on setting up the services covered by the setup fee.
Certain other fees which cover acquisition of services from third parties are not refundable. These include SSL security certificates, IP addresses, security seals, domain names etc.
When a service is terminated ComCloud will remove website content and any other content covered by the Agreement, including all data and images and any email account settings associated with the domain name in question. ComCloud is not responsible for retaining any data or images covered by the Agreement. Prior to the expiry of a contract period the customer should save any data the customer should wish to retain. If email accounts have been setup for the domain name in question on ComCloud servers, it is the responsibility of the customer to take appropriate measures.
Any domain name covered by the termination of a service will be removed from ComCloud serves. It is the responsibility of the customer to ensure that the domain has been redirected to a new server prior to the termination of the service to avoid gaps in e.g. email services from that domain. ComCloud is not responsible for the loss of any emails or email services as a result of the termination of a service.
ComCloud may, at its’ sole discretion, cancel an Agreement and terminate associated services at any time if, in ComCloud’s judgement, the client has failed to abide by the Agreement. In such case ComCloud shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and attorney’s fees.
9) Backups and Data Loss
ComCloud ensures that all website specific data is backed up daily. This data includes all information related to information pages, products, customers, orders and website/webshop configuration. This data DOES NOT include any images uploaded to the website by the customer, nor does it include any custom created design/template created specifically for single customers.
10) Attempts at hacking
The customer must not in any way attempt to access the file server or any files on the file servers, except for images uploaded by the customer. The customer must not attempt to hack or spy or in any way attempt to gain access to any resources on the servers. The customer must not attempt to change any files or in any way affect the system in an unauthorised way. The only authorised way of affecting the workings of the systems is via the default settings available for adjustment in the online system administration. Any such attempts as covered by this point are illegal and will be treated as such.
11) Anti-Spam Policy
This sets forth ComCloud’s zero tolerance policy regarding the use of “Spam” internet marketing techniques from email addresses registered on ComCloud servers. If ComCloud deems the customer to be in violation of ComCloud’s policies, ComCloud shall immediately revoke the customer’s user rights and delete any active account(s).
ComCloud considers spamming to be any activity whereby the customer directly or indirectly transmits email messages to any email address that has not solicited such email and does not consent to such transmission.
The customer agrees to indemnify, defend and hold ComCloud and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the customer violation of the Agreement or use of associated services.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” 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 SOLE AND ENTIRE MAXIMUM LIABILITY OF COMCLOUD, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMCLOUD AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS 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 CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMCLOUD AND THE CUSTOMER. NO GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14) Acknowledgement and changes to these Terms & Conditions
Where no extended contract exists, this Agreement represents the entire understanding between the customer and ComCloud regarding the customer’s relationship with ComCloud and supersedes any prior statements or representations. The customer AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHEN the customer PURCHASES ANY PRODUCT OR SERVICE FROM COMCLOUD. Any extended contract extends this Agreement.
ComCloud reserves the right to change the Terms & Conditions. The customer will be notified via the registered email address about any changes to these Terms & Conditions. This notification will happen at least 1 month prior to the new Terms & Conditions taking effect, except in very exceptional cases.
This document is valid as of October 19, 2020.
Copyright ComCloud New Zealand 2020
ComCloud is a trading name for Makeweb LIMITED, a Registered NZ Limited Company (NZBN: 9429032539837).