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The following specific terms apply to Evanta hosting.
- Prices on this site are quoted excluding GST
- Services are available contingent upon receipt of payment
- Chargable time services will be invoiced payable by 20th of the month in which the invoice is sent.
- Support is available by email for server configuration and provider network issues should they impact on core HTTP functions. Use support [AT] evanta.co.nz
- Escalation to telephone support if there is a web or POP3 service outage. Evanta will advise if it is not an outage caused within Evanta's network or principle Internet connections.
- The email service for the mailboxes does not represent any undertaking to provide outgoing email service other than from the webmail. If you request telephone advice concerning matters concerning email configuration of your mail client or mail gateway, or issues with firewalling or anti-virus mediation of your mail service, then this can be given but is chargable at a minimum of $40 per incident and at $60 per hour after the first 20 minutes.
- Invoices for base accounts are annually in advance
- The economy accounts are for low to moderate levels of traffic and use
- High use peaks may be constrained at the provider's discretion to fairly distribute server and circuit loading.
- Our DNS registration is not included in the above web hosting pricing - $40 per annum
- All domain names for server names must be served from the Evanta web server to assure continuity of service and management of acceleration.
- Domain names will not be renewed until payment for the applicable period, and if expiry occurs domain name reinstatement requires the registration fee plus reinstatement charge.
Also if domain registrar is moved other than by Evanta, then domain hosting will then be charged for each name involved at $10 per month (billed to the end of the hosting year and payment required by 20th of the month in which that invoice is issued.) For the years that follow if the domain registrar is not through Evanta a year of domain hosting will be billed with a year of web hosting. If you moved the domain to another registrar and you did not understand the implication you have 10 days from our notification & invoice to move
it back (for NZ domains provide a valid UDAI to Evanta) to void the associated domain hosting fees.
- Where sites are found to be launched in subfolders by URL redirection using frames or other masking techniques from other servers, and Evanta has good reason to believe that sub-site hosting was intended, the Evanta site hosting fee will be increased in accordance with the number of instances of this. Each sub folder will represent at least one more launchpad hosting fee. On detecting sub-site hosting Evanta will determine the period of time of this form of sub-site hosting based on the date on which the sub-folders were created or the date on which the domain for which URL redirection is used was created, whichever was later.
- Plain Communications terms of trade apply to these accounts as found at www.plain.co.nz/terms.php and are binding for all Evanta hosting customers in addition to the terms here, with the exception of the provisions on this page that supercede where there is an overlap.
- Termination of web hosting plans requires that you give notice that all services within the package of your web hosting plan are not longer required. If you continue to use the services, by pointing DNS at mail delivery for example, or by keeping mail folders active within the associated mailboxes, then the account can be deemed to be still in use and closure delayed and service still billable into a further annual period.
- If termination notice has not been given by 30 days prior to the end of an annual subscription period then the next year of subscription is payable.
- No refund is given for any unused portions of the annual subscription that is current at the time of termination being given.
- You will have access to the subscribed services until the end of the subsribed period
The following contractual terms also apply.
1. Scope of Agreement
1.1 This agreement applies to the provision of Internet publishing
facilities by the Provider to the Publisher. Internet publishing
facilities are primarily WWW publishing services including;
hosting web pages, hosting Virtual WWW servers, telehousing
WWW servers with network connection and web promotion
services. This agreement is legally binding on the parties.
2. Definitions
2.1 .Dynamic Programming Code. (.DPC.) - includes CGI, Java,
ActivX, ASP, Perl and any other form of code or other
programmatical interaction that may be used over the Internet.
2.2 .Impressions. - means the number of times a promotional
banner advertisement is served to a client browser.
2.3 .Index Page. - means a page with at least three Links on that
page.
2.4 .Internet Publishing. - may include, but is not restricted to,
the following modes:
2.4.1 pages on a WWW server operated by the Provider,
2.4.2 the publisher.s own virtual WWW domain server; or
2.4.3 telehousing and/or network connection for the publisher.s
own WWW domain server.
2.5 .Link. - means an active button, hypertext or graphic on a
WWW page linking to a command, script, item or address.
2.6 .Netiquette. - means Internet etiquette and includes the
Acceptable Use Policy as described from time to time by
the Provider.
2.7 .Publish. means placing material on a computer that is, or can
be, connected to the Internet as a server of information in such
a manner that the material is, or may be, accessible to anyone
other than the author/s of that material.
2.8 .The Provider. means Plain Communications Ltd (Plain Com.).
3. Publisher Obligations
3.1 As a Publisher you agree:
3.1.1 to observe Internet netiquette,
3.1.2 to pay all access charges and fees associated with, or
charged to, your WWW publishing account,
3.1.3 that the WWW publishing account is for the use of the
account holder only. It shall not be lent to any other party for
their use without prior arrangements with the Provider. The
publisher is at all times responsible for any use of the said
account,
3.1.4 to be responsible for the security of your WWW publishing
account and password/s. Keeping your password/s confidential
is the only means of preventing others from gaining access
to your WWW publishing account and publishing facilities.
YOU MUST KEEP YOUR PASSWORD/S CONFIDENTIAL.
3.2 The Publisher shall notify the Provider immediately:
3.2.1 of any change of address, or change of use of the Internet
connection.
3.2.2 should the WWW publishing account password/s be
disclosed to any third party, or if the Publisher becomes aware
of any security breach or irregular account activity.
4. Lawful Use
4.1 At all times the Publisher shall observe the laws of New Zealand
and SHALL NOT USE the webserver or associated computer
systems for any illegal or unlawful act including but not limited to
the following:
4.1.1 Publication of registration keys to commercial software /
shareware, patches to crack protection on commercial software /
shareware, or commercial software unless this is part of an
authorised reselling operation.
4.1.2 Transfer of any illegal material, and by so doing violate any
applicable laws of the particular country.
4.1.3 Distribute copyrighted material without the permission of
the author(s).
4.1.4 Violate import/export restrictions of any country.
4.1.5 Publish any messages that are defamatory or that contravene
the Human Rights Act or other applicable legislation.
4.2 The Publisher shall fully indemnify the Provider for any and all
costs, and/or liabilities that the Provider may incur as a result
of a breach, or attempted breach, of clause 4.1 herein, by the
Publisher or its agents.
5. Provider.s Obligations
5.1 The Provider agrees to use its best efforts to provide WWW
server availability to the Internet, 24 hours a day, 7 days a week.
HOWEVER the server may be taken off-line occasionally for brief
periods during low peak traffic for system maintenance.
5.2 The Provider shall schedule regular backups of material held on
the WWW server.
5.3 On occurrence of a system failure, the Provider will take all
reasonable measures to restore the services offered as soon as is
practically possible.
5.4 The Provider will monitor the system and take all reasonable
precautions to prevent compromise of system security but accepts
no liability for breaches of security.
6. Exclusion Of Liability
6.1 The Provider does NOT WARRANT that server availability will
be without interruption or errors.
6.2 The Provider SHALL NOT be responsible for any loss, financial
or otherwise, incurred by the Publisher, or any third party, arising
from system malfunction or unavailability.
6.3 The Provider SHALL HAVE NO obligation, responsibility or
liability imputed or implied to check the Publisher.s material
for viruses or ensure that the Publisher.s material is virus free.
7. Provider.s Rights
7.1 The Provider may set publishing standards for hosted material
that is linked to (directly or indirectly) or associated with, any of
the Provider's domain names.
7.2 The Provider may require that the Publisher remove and/or
modify to an acceptable standard any items that are substandard,
unlawful, indecent, offensive or concerning which the Provider
has received complaints.
7.3 If the Publisher fails to comply with the Provider.s requests to
remove and/or modify published material as required in by the
Provider pursuant to clause 7.2, then the Provider may take the
Publisher.s material offline.
7.4 Should the Publisher repeatedly breach the terms of this
agreement, then the Provider may permanently or temporarily
withdraw the Publisher.s access to publishing facilities and/or
terminate the Publisher.s account.
7.5 The Provider reserves the right to charge for revisionary work
in relation to the Publisher.s WWW material where the
Publisher.s material infringes the terms of this agreement.
8. CyberMall New Zealand Listing
8.1 The Publisher agrees that the Provider may list the Publisher's
various materials in the indices relating to CyberMall New Zealand
or other search, directory or listing facilities provided or endorsed
by the Provider.
8.2 The Provider may from time to time determine the manner,
style and duration of such listings.
9. Reciprocal Linking
9.1 The Publisher's index pages will display a link to CyberMall New
Zealand and/or CyberPlace as requested by the Provider.
9.2 When the Provider requests a link as in 9.1 a reciprocal link from
CyberMall New Zealand and/or CyberPlace will be established by
the Provider.
9.3 The Provider may list the Publisher.s HomePages and other
WWW material in appropriate categories in directories published
by the Provider.
9.4 Where the Publisher.s material resides on the Provider.s WWW
server or on the Provider.s server as a virtual server, then the
Publisher.s home page and other index pages shall carry an
appropriate icon and link to either the CyberMall New Zealand
Home Page or the CyberPlace Home Page, as appropriate.
9.5 Without prior approval from the Provider the Publisher may not
carry links to the home or index pages of other New Zealand based
Internet Service Providers, or online Internet Malls. Such
approval may, or may not be given, entirely at the Provider.s
discretion.
10. Dynamic Programming Code - (.DPC.)
10.1 Guidelines. The Provider may specify from time to time
guidelines and standards to which all published DPC elements must
conform. For example, DPC elements must not be faulty or make
excessive demands on processor time and shall not be used in any
way to compromise system or network security.
10.2 All DPC elements shall be submitted to the Provider for review
prior to being published on any server owned or operated by the
Provider. The Provider may require that amendments or
modifications be made to DPC elements at the Publisher.s cost
prior to publication.
10.3 The Provider may veto, amend or remove DPC elements which
do not conform to the Provider.s guidelines and standards.
10.4 Where DPC elements contravene guidelines and standards the
Provider may levy a charge in respect of time taken to review or
amend DPC elements; or remove such code from the system.
10.5 Where there may be network security implications the Provider
is entitled to review any DPC elements on a server that it is
telehousing or to which it is providing network connection.
11. Computer Viruses
11.1 The Publisher agrees that it shall not publish computer viruses.
The Publisher agrees that any and all material that it publishes
or makes available from it.s WWW site shall have been virus
checked and shall be free of computer viruses.
11.2 Where there is reasonable cause to suspect that the Publisher.s
material contains a virus then the Provider may take any
reasonable steps that are necessary to determine whether the
Publisher.s material is so infected.
11.3 Should any of the Publisher.s material be found to contain a
virus, then the Publisher will take all practicable steps
necessary to contain the spread of the virus and eliminate the
virus infection. The Publisher shall immediately remove the said
virus from its published material.
11.4 Where the Publisher.s material is found to contain a virus, then
the Provider may, entirely at its discretion, take all necessary
and expedient steps to apprehend the virus outbreak. Such steps
may include, but are not confined to, advising the Publisher of
the outbreak, taking the Publisher.s material off-line, deleting
infected files, publishing a public announcement concerning the
outbreak, reviewing access logs to the Publisher.s material and
mailing an alert to the recipient.s.
11.5 The Publisher shall indemnify the Provider against all costs and
damages incurred as a result of it publishing virus infected
material. Any such sums may be invoiced to the Publisher
and treated as an item on the Publisher.s account.
12. Charges
12.1 Telehousing and other charges are set out on your account. The
Provider reserves the right to change charges by giving six weeks.
notice to the Publisher.
13. Payments & Collection
13.1 The Publisher agrees to pay by the due date stipulated either by
invoice or within the time stipulated by the Provider's Terms Of
Trade. The Terms Of Trade are made available on the World Wide
Web site at:
http://www.plain.co.nz/terms-of-trade/
13.2 Where the Publisher fails to pay by the due date the Provider
reserves the right to publish a default document in place of the agreed
service. The default document can be viewed on the Provider's World
Wide Web site at:
http://www.plain.co.nz/default/
13.3 Where monthly payments are by credit card, the Publisher
expressly authorises the Provider to hold credit card details and
lodge payment authorisation requests in respect of the ongoing
monthly and traffic charges.
13.4 Should payments be overdue then interest on the overdue sum
shall be payable at the rate of 2% per month and shall continue to be
payable following judgment until the debt is paid in full. The
Provider may recover all actual costs from the Publisher arising
from or in relation to the collection of overdue moneys.
13.5 Any payments that are outstanding and overdue for more than 30
days may be referred to a collection agency for collection.
Should any such overdue payments be referred to a collection
agency then the Publisher agrees to meet all reasonable
additional fees levied by the agency, (typically 15% of the
outstanding sum).
13.6 Should the Publisher allow any payments to become outstanding
and overdue to the Provider, then the Publisher agrees not to publish
elsewhere over the Internet.
14. Duration
14.1 This agreement shall continue for an initial period of three months
and thereafter until either party gives notice pursuant to this
agreement that it intends to terminate.
14.2 The Provider may terminate this agreement on one month.s
notice to the Publisher.
14.3 Provided that all fees are paid up to date as agreed herein, the
Publisher may terminate the agreement by giving one month.s
notice of termination to the Provider.
14.4 The Provider may terminate this agreement immediately, if the
Publisher is in breach of the terms and conditions of supply.
15. Severability
15.1 If any provision of this agreement or part thereof is held by a
court to be unlawful, invalid, unenforceable or in conflict with
any rule of law, statute, ordinance or regulation then that
provision or part thereof may be deleted, the validity and
enforcement of the provisions remaining shall not be thereby
affected.
16. Amendments
16.1 The terms of this agreement may be amended by the Provider
giving one month.s notice. Amended terms and conditions are
made available on the Provider.s World Wide Web site at:
http://www.plain.co.nz/contracts/hosting.html
17. New Zealand Law
17.1 This agreement shall be governed by New Zealand law.
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