These Terms of Service (the “Agreement”) are an agreement between New Zealand Concrete Contractors Association (NZCCA) (“us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by NZCCA and of the www.nzconcretecontractors.org.nz website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.

 

Account Eligibility

By registering for or using the Services, you represent and warrant that:

You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorised and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorised to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. NZCCA is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilise the NZCCA My Account Area to update your contact information. Providing false contact information of any kind may result in the termination of your account.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

The Service and any data you provide to NZCCA is hosted in Australia. If you access the Service from outside of Australia, you are voluntarily transferring information (potentially including personally-identifiable information) and content to Australia and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Australia, and not necessarily of the jurisdiction in which you are located.

 

NZCCA Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “NZCCA Content”), are the proprietary property of NZCCA or NZCCA’s licensors. NZCCA Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any NZCCA Content. Any use of NZCCA Content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any NZCCA Content. All rights to use NZCCA Content that are not expressly granted in this Agreement are reserved by NZCCA and NZCCA’s licensors.

 

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to NZCCA that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

 

Solely for purposes of providing the Services, you hereby grant to NZCCA a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, NZCCA does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

NZCCA exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through NZCCA’s computers, network hubs and points of presence or the Internet. NZCCA does not monitor User Content. However, you acknowledge and agree that NZCCA may, but is not obligated to, immediately take any corrective action in NZCCA’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that NZCCA shall have no liability due to any corrective action that NZCCA may take.

 

Third Party Products and Services

Third Party Providers

NZCCA may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

 

NZCCA does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. NZCCA is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

 

NZCCA as Reseller or Licensor

NZCCA may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-NZCCA Products”). NZCCA shall not be responsible for any changes in the Services that cause any Non-NZCCA Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-NZCCA Products, either sold, licensed or provided by NZCCA to you will not be deemed a breach of NZCCA’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-NZCCA Product are limited to those rights extended to you by the manufacturer of such Non-NZCCA Product. You are entitled to use any Non-NZCCA Product supplied by NZCCA only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-NZCCA Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-NZCCA Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

 

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by NZCCA (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

 

Account Security and NZCCA Systems.

It is your responsibility to ensure that your account is secure, including credentials such as a user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorised member use. NZCCA may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorised, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by NZCCA of an issue, we reserve the right to leave access to services disabled.

NZCCA reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

 

Compatibility with the Services

You agree to cooperate fully with NZCCA in connection with NZCCA’s provision of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, NZCCA is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all Content is accurate. If there are any errors in any Content please notify the administrator at the NZCCA or correct the information yourself if possible. The NZCCA also reserves the right to adjust any Content on the website from time to time at our sole discretion.

You are solely responsible for backing-up your own Content. NZCCA does not warrant that any Content is backed up, and you agree to accept the risk of loss of any and all Content.

 

Billing and Payment Information

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

 

Autorenewal.

Unless otherwise provided, you agree that until and unless you notify NZCCA of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

 

Taxes.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to NZCCA’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

 

Late Payment.

All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, NZCCA may suspend or terminate your account and pursue the collection costs incurred by NZCCA, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. NZCCA will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

 

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. NZCCA may report any such misuse or fraudulent use, as determined in NZCCA’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

 

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by NZCCA. If you have any questions concerning a charge on your account, please reach out to our support area for assistance.

 

Payment Card Industry Security Standard Disclaimer.

NZCCA complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. NZCCA does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

 

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.

All use of hosting space provided by NZCCA is subject to the terms of this Agreement and the Acceptable Use Policy.

Dedicated and/or VPS usage is limited by the resources allocated to the specific plan that you have purchased.

 

Bandwidth Usage.

Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

 

Price Change

NZCCA reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by NZCCA through the user billing tool or through other methods of communication, including notices sent or posted by NZCCA.

 

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

 

Limitation of Liability

IN NO EVENT WILL NZCCA, ITS BOARD, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NZCCA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NZCCA’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NZCCA FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

Indemnification

You agree to indemnify, defend and hold harmless NZCCA, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

 

 

Independent Contractor

NZCCA and User are independent contractors and nothing contained in this Agreement places NZCCA and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

 

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

 

Disclaimer

NZCCA shall not be responsible for any damages your business may suffer. NZCCA makes no warranties of any kind, expressed or implied for the Services. NZCCA disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by NZCCA or our employees.

 

Backups and Data Loss

Your use of the Services is at your sole risk. NZCCA’s backup service runs once a day. This service is provided as a courtesy and may be modified or terminated at any time at NZCCA’s sole discretion. NZCCA does not maintain backups of dedicated accounts. NZCCA is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on NZCCA servers.

 

Any shared account using more than 100mb of disk space may be removed from our website.

 

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NZCCA AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. NZCCA AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. DEPEHCE CODE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 

Disclosure to Law Enforcement

NZCCA may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

 

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

 

Headings.

The headings herein are for convenience only and are not part of this Agreement.

 

Changes to the Agreement or the Services

NZCCA may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the NZCCA website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

NZCCA reserves the right to modify, change, or discontinue any aspect of the Services at any time.

 

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

 

Waiver

No failure or delay by you or NZCCA to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

 

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of NZCCA. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever.

NZCCA may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

 

 

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

 

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, the user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.