Standard Terms and Conditions
Last Updated: 5 Febuary 2014
The following Terms and Conditions of service are in two parts.
Part I outlines the terms and conditions on which webhosting.bignoise.co.nz (a business unit of BigNoise Group Ltd) provides goods, products or services to you.
Part II outlines our responsibilities to you as Registrar, and your obligations as a domain name Registrant.
These Terms and Conditions apply to the use of this web site, including the purchase of any goods, products or services (together, the Services) supplied to you by webhosting.bignoise.co.nz. By using this web site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the web site.
In these Terms and Conditions, we includes webhosting.bignoise.co.nz, and BigNoise Group Ltd, and the Subscriber and you is any legal person using a webhosting.bignoise.co.nz web site or purchasing Services from webhosting.bignoise.co.nz
Part I
1) The Subscriber is required to:
1. Comply with all applicable laws, regulations, standards and codes, including in particular (but not limited to) the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and the Crimes Act 1961.
2. Use the Services for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The Subscriber agrees to indemnify and hold harmless webhosting.bignoise.co.nz from any claims resulting from the use of the service which damages the Subscriber or any other parties.
o NOTE: Pornography and sex-related merchandising are prohibited on any webhosting.bignoise.co.nz server. webhosting.bignoise.co.nz will be the sole arbiter as to what constitutes a violation of this provision.
o NOTE: Spamming, or the sending of unsolicited email, from a webhosting.bignoise.co.nz server or using an email address that is maintained on a webhosting.bignoise.co.nz machine is STRICTLY prohibited. webhosting.bignoise.co.nz will be the sole arbiter as to what constitutes a violation of this provision.
3. Ensure that all information provided to us is current and correct.
4. Ensure that all people who use the Services provided to the Subscriber or via the Subscriber's account also complies with these Terms and Conditions.
5. Maintain the confidentiality of the Subscriber's user name, login, password, and any other account information and/or identifier provided to the Subscriber in relation to the Services. The Subscriber accepts complete responsibility for all use of the account and of all identifier(s), and webhosting.bignoise.co.nz is entitled to rely entirely upon use of any password or other identifier as evidence of the Subscriber's identity and authority.
2) Payment
The name that will appear on your statement will be Big Noise Group Ltd
The Subscriber agrees to pay for the Services provided to the Subscriber or under the Subscriber's account, regardless of whether it is the Subscriber or someone else who uses them.
Services shall not be deemed to have been purchased nor will they be provided until payment is made in full. Payment may be made on-line with the purchaser's credit card, or by cheque or direct credit to our bank account. All payments must be in NZ dollars and withdrawable at a New Zealand bank.
No deduction or set-off against any amount due is permitted.
Any accounts that remain unpaid by the due date and time for renewal will be in default. In the event of default, the domain name may be cancelled and the Services suspended. webhosting.bignoise.co.nz will provide advance notification by email of pending cancellation, at least fourteen days prior to the due date. webhosting.bignoise.co.nz reserves the right to charge a $30.00 plus GST re-connection fee for all requests for the re-connection of expired .nz domain names and $120.00 plus GST for all requests for the re-connection of expired domain names with non .nz extensions. For example expired .com names would incur a $120.00 plus GST reconnection fee.
All files, information and email under the account will be preserved for 30 days from the date the payment is due. If payment is not received within 30 days, all files, information and mail under the account will be deleted. If the Subscriber wishes to use the Services again, the Subscriber must re-apply using their customer account.
The Subscriber agrees that webhosting.bignoise.co.nz has the right to delete all data, files or other information that is stored in the Subscriber's account if the Subscriber's account with webhosting.bignoise.co.nz is terminated, for any reason, by either webhosting.bignoise.co.nz or the Subscriber.
3) BigNoise Group Ltd has the right to suspend, change, withhold, limit, restrict, replace or terminate services to the Subscriber at any time, and for any reason, without notice. Where Services are suspended or terminated, the Subscriber will be notified of the reason. If suspension or termination results from a breach of these terms and conditions, no refund will be available.
4) By purchasing services from BigNoise Group Ltd, the Subscriber certifies that he or she is at least 18 years of age.
5) BigNoise Group Ltd retains the right to alter its fees at any time. Customers will be notified of any changes to the fee structure where applicable. All fees are quoted in New Zealand dollars exclusive of Goods and Services Tax (GST), and are applicable only to New Zealand residents.
6) webhosting.bignoise.co.nz makes no warranties of any kind, whether expressed or implied, for the Services. BigNoise Group Ltd also disclaims any warranty of merchantability or fitness for a particular purpose. BigNoise Group Ltd will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via BigNoise Group Ltd is at the subscriber's own risk. BigNoise Group Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services.
7) Exclusion of Liability
1. If the Subscriber uses the Services for business purposes (or has told or represented to BigNoise Group Ltd that the Subscriber will do so) then the Subscriber agrees that the Consumer Guarantees Act 1993 does not apply to any Services supplied to the Subscriber by BigNoise Group Ltd.
2. Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
3. Without limiting the other terms of this contract, the Subcriber's sole remedy against BigNoise Group Ltd shall be limited to breach of contract and BigNoise Group Ltd sole and total liability for any such claim shall be limited to, at the option of BigNoise Group Ltd, either the re-supply of the Services or the amount of the current monthly Subscriber's Levies for the month during which the breach allegedly occurred.
4. Subject only to BigNoise Group Ltd liability for breach of contract (if any) pursuant to clause 7) 3. above, BigNoise Group Ltd will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or indirectly out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of BigNoise Group Ltd to comply with its obligations under this contract.
5. Notwithstanding anything herein contained or implied no employee, agent or director of BigNoise Group Ltd will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract. This exclusion extends to InternetNZ, the registry and any other entity we are in business relationship with.
6. To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
7. This clause 7 shall survive termination of this contract.
8. Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied;
9. Where the Subscriber or any registrant for whom the Subscriber act supplies incorrect information regarding a domain name and BigNoise Group Ltd incurs cost in any matter concerning that name then we may recover the costs incurred from the Subscriber.
8) Relationship of the Parties
1. The Subscriber warrants it has not relied on any representation made by or on behalf of BigNoise Group Ltd which has not been expressly stated in this contract; or upon any publicity material or brochures produced by or on behalf of BigNoise Group Ltd.
2. These Terms and Conditions constitute the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersede all prior contracts, proposals, communications and representations made by either party (whether oral or written).These Terms and Conditions shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished.
9) Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with these Terms and Conditions shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under these Terms and Conditions shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation.
10) Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.
Force Majeure
11) BigNoise Group Ltd shall not be liable to the Subscriber or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of BigNoise Group reasonable control.
Severability
12) Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.
Proper Law
13) These Terms and Conditions shall be governed by New Zealand law. The Subscriber agrees to submit to the exclusive jurisdiction of the New Zealand courts.
Amendments to Terms and Conditions
14) BigNoise Group Ltd reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this web site. The Subscriber's continued use of the web site or the Services following such notification will represent an agreement by the Subscriber to be bound by the Terms and Conditions as amended.
Linked Web Sites
15) This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
16) BigNoise Group Ltd is not responsible for the content or privacy practices associated with linked web sites.
17) Links with linked web sites should not be construed as an endorsement, approval or recommendation by BigNoise Group Ltd of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
18) By default all domains, unless otherwise redirected, point to BigNoise domains 'parked' page. This page may contain Google advertisements
Privacy Policy
18) BigNoise Group Ltd undertakes to comply with the terms of its privacy policy which is available on this web site.
19) The Subscriber is aware of his/her/its rights under the Privacy Act 1993 to have access to personal information held by BigNoise Group Ltd and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the Subscriber can supply to webhosting.bignoise.co.nz relating to the fact that the Subscriber has requested a correction. The Subscriber agrees to pay BigNoise Group Ltd the reasonable charges requested by webhosting.bignoise.co.nz in relation to time and attendances involved in complying with the Subscriber's request in this regard.
Security of Information
20) No data transmission over the internet can be guaranteed to be totally secure. While BigNoise Group Ltd strives to protect such information, BigNoise Group Ltd does not warrant and cannot ensure the security of any information which the Subscriber transmits to BigNoise Group Ltd. Accordingly, any information which the Subscriber transmits to BigNoise Group Ltd is transmitted at the Subscriber's own risk. Nevertheless, once webhosting.bignoise.co.nz receives the Subscriber's transmission, BigNoise Group Ltd will take reasonable steps to preserve the security of such information.
Part II
1) The Registrar's Obligations
We agree that we will:
1. comply with all .nz policies and accurately represent these to you;
2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
4. providing the Shared Registry System (SRS) is functional we will process any new .nz domain name registrations with the registry within 5 Minutes from the time we receive all the information required to complete a registration (during normal business hours). For further information regarding the SRS, Registrants should email info@dnc.org.nz
5. notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
6. provide a means by which you can correct any error in the information in the register about any domain name registered to you when requested;
7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge. The only legitimate means of identification will be your customer userID and Password to the BigNoise Group Ltd system. If you have lost or misplaced this information, it can be emailed to your specified address at no charge. If the email account provided by you is no longer functional, and we have to fax, post, or otherwise provide this information to you, charges may apply;
8. use your personal information only as authorised by you;
9. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
10. comply with any order of any authority having jurisdiction regarding any domain name registered to you;
11. use our best endeavours to deal with any complaints you may have about the services we provide for you.
12. Provide a five day 'grace' period subsequent to domain name registration or renewal where a .nz domain name may be cancelled, and the service fee refunded. Requests for cancellation during the grace period must be in the form of an email from the listed contact email address and be accompanied by the 8 digit customer number, and addressed to support@bignoise.co.nz allowing sufficient time for staff to cancel within the five day period. For a domain registered through a Snatch process, there is no refund grace period applicable.
2) The Registrant's Obligations:
You agree that you will:
1. comply with the .nz policies. You agree that you have read and understood the current policies;
2. make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us by updating the appropriate fields in your BigNoise Group Ltd profile, and that you have the authority to enter into this agreement;
3. keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
4. satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
5. ensure that you only use our services for a lawful purpose;
6. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
7. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
8. protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
9. You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3) Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
1. that the following information becomes available to any member of the public:
o your name,
o your contact details and
o the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
2. the domain name is registered in your name only because no other person has it according to the records of the register; and
3. neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
4. that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
4) Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
5) Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
6) Cancelling the Agreement
1. We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
2. We may end the agreement for any other reason by giving you one month's notice.
7) More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you based solely on their ability to access your BigNoise Group Ltd user profile.
8) Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in the exclusion of liability clause contained in section (I) clause 10 cannot rely on any clause, all other clauses of it are binding.
9) Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under section (II) clauses 2, 4 - 8, and this clause 9.
