Terms and Conditions

SECTION 1 – INCORPORATION OF TERMS

The following terms and conditions shall be deemed incorporated in and shall form part of this contract involving products and services provided by PrimeHost, a division of Net Pay Holdings Limited, (herein called "PrimeHost", "We", "Us", "Our") to the Customer, herein called "The Customer", "Customer", "You", "Your" being any entity purchasing from "PrimeHost". 

SECTION 2 – INTERNET & TELECOMMUNICATION SERVICES

PrimeHost is an information hosting provider connected to the Internet. PrimeHost offers storage and transfer services over the Internet through access to its web servers, as well as providing telecommunication services and managed Internet solutions.

You agree that the products and services provided to you are as outlined in our web hosting plans & service product descriptions as advertised on our web site.

The Customer seeks to utilise PrimeHost’s servers, network technology and telecommunications platform for its own purposes. Both parties acknowledge that the Internet is neither owned nor controlled by any one entity, therefore, PrimeHost can make no guarantee that any given entity shall be able to access PrimeHost’s servers or network technology at any given time. PrimeHost represents that it shall make every effort to ensure that its services are available as widely as possible and with as little service interruption as possible.

These terms and conditions are designed to protect PrimeHost, its customers and third parties, as well as to ensure compliance with all relevant laws and regulations, and to promote the security and availability of PrimeHost services. PrimeHost reserves the right to amend these terms and conditions at any time. The customer agrees that the use of PrimeHost services after changes to these terms and conditions are posted on the PrimeHost web site will constitute the customer’s acceptance to any such amendments.

Customers are responsible for complying with these terms and conditions and for violations attributable to their own customers and users, and Customers must take all reasonable steps to ensure that their customers and users also apply with these terms and conditions.

Our terms and conditions do not create any obligation for PrimeHost to monitor, review or police the data residing on our network, or create any obligation of PrimeHost to any party who is not a PrimeHost Customer. PrimeHost expressly disclaims any liability for the data and content residing on its network and for the actions of its Customers.

SECTION 3 – OUR RESPONSIBILITIES TO YOU

To help you obtain the maximum value from our services, we will:

  1. Provide and maintain quality services 24 hours per day where this is reasonably possible.

  2. Monitor the system and take all reasonable precautions to prevent the compromise of system security.

  3. Provide clear explanations of our charges and billing procedures.

  4. Provide you with a minimum five days notice of any price changes by e-mail or any other reasonable means.

SECTION 4 – YOUR RESPONSIBILITIES TO US

So that we can honour our responsibilities to you, you agree to:

  1. Obtain, install and maintain compatible computer hardware, software and communication lines to access the PrimeHost service.

  2. Be responsible for maintaining the confidentiality of your password assigned by us. You agree to be responsible for any misuse of their account, even if the inappropriate activity was committed by a friend, family member, guest or employee. You also agree to take steps to ensure that others do not gain unauthorised access to your account, and agree to pay all charges incurred by the use of your login name and/or password.

  3. Not use the service for any illegal or unlawful purpose or act, including, but not limited to, transfer of files, pictures, software or information without the permission of the copyright holder.

  4. Indemnify PrimeHost from any legal action that may arise from your use of our services.

  5. Pay the specified subscription and other charges for the services assessed to your account in accordance with our terms for payment.

  6. Adhere to our terms and conditions of service and acceptable use policy.

  7. Compensate us for any loss we suffer, and indemnify us against any liability we incur, which is caused by or results from us providing service to you, or you not meeting your legal responsibilities, to us or anyone else.

SECTION 5 – TERMS OF PAYMENT

In consideration of PrimeHost providing products and services, you agree to payment as follows:

  1. After any trial or free introductory period offered (if applicable), for customers joining on monthly plans, you agree to a minimum one month contract. For customers joining on yearly or annual plans, you agree to a one year contract.

  2. Monthly contracts will automatically renew for successive one month periods unless cancelled in writing at least five business days prior to their monthly renewal date. Yearly contracts will automatically renew for successive one year periods unless cancelled in writing at least five business days prior to their yearly renewal date.

  3. You agree to pay for products and services rendered in advance of each monthly or yearly service term.

  4. You agree to a non-refund policy and that all payments made to us are non-refundable.

  5. Contracts may be terminated at any time upon payment of the balance of the contract term outstanding.

  6. Invoices are due for payment seven days after date of invoice.

  7. Payment of your account is to be by monthly automatic payment or automatic direct debit to your Visa or MasterCard credit card.

  8. PrimeHost is entitled to cancel the contract if any accounts are not paid within seven days of the due date, at which time the entire outstanding contract term will become immediately payable.

  9. The Customer is liable  to pay interest on any monies outstanding and owing to us at the rate of 2.5 percent per month.

  10. The Customer shall be liable for all expenses and legal costs (including debt collection, legal and solicitor fees, document service fees, court costs and private investigator fees) incurred by PrimeHost in collection of overdue accounts.

  11. The Customer shall be liable for a late payment fee of $75.00 including GST which will be applied to all overdue accounts.

  12. A dishonour fee of $35.00 including GST will be assessed to your account for any cheques or payments that are returned to us for any reason. Credit cards that are declined for any reason are subject to a $5.00 declination fee.

  13. PrimeHost reserves the right to discontinue service to any customer it deems, in its sole discretion, violates any condition or terms of service. In such event, no refund will be given for services paid in advance.

  14. If you believe that we have billed you in error, you must contact us within 30 days of the date of charge or payment being made to us. Refunds or adjustments will not be given for any charges that are more than 30 days old.

  15. The Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the Customer. PrimeHost will monitor your usage and shall have the right to take corrective action if your bandwidth or disk usage exceeds the agreed plan usage. Such corrective action includes the assessment of an additional 'overage' charge amounting to $0.40 cents per MB for disk storage, and $15.00 per MB for bandwidth usage.

SECTION 6 - ACCOUNT CANCELLATION

Cancellation of your account must be must in writing and sent to:

PrimeHost
PO Box 91240
Auckland Mail Centre

Alternatively, cancellation may be made by e-mail addressed to info@primehost.co.nz

Notice of cancellation must be received at least five business days prior to your monthly or yearly renewal date. Cancellation of your account is not available by telephone or any other means.

Once we receive your cancellation, we will confirm your cancellation by return e-mail to the last known postal address we have on file for you. If you do not receive this cancellation, it means that we did not receive your cancellation request and you should re-send your cancellation request.

Accounts will only be deemed as cancelled once PrimeHost has confirmed your cancellation by e-mail or by postal mail.

SECTION 7 – SCOPE OF SERVICES & REVISIONS TO OUR TERMS

PrimeHost reserves the right to modify, enhance and withdraw services at any time, without notice. PrimeHost also reserves the right to revise, amend and modify these terms and conditions at any time and in any manner.

SECTION 8 – CUSTOMER AGE

The Customer warrants that he/she is at least 18 years of age. By indicating acceptance to this contract, you indicate that you meet this age requirement.

SECTION 9 - TECHNICAL SUPPORT

PrimeHost provides 24 hour technical support to our customers through our online customer support centre located at http://helpdesk.primehost.co.nz We also provide 24 hour technical support via email to support@primehost.co.nz however support requests entered directly in our customer support centre receive priority assistance. We provide toll-free telephone support for Customers located inside New Zealand during normal business hours between 9am and 5pm Monday to Friday. Technical support is limited to our area of expertise, including the services and features we provide with your account. We do not provide technical support for application specific issues such as CGI programming, HTML, Java programming, ASP.NET, or any other issue. We recommend that you view our frequently asked support questions located within the Customer support centre before contacting the PrimeHost support department.

SECTION 10 - PROHIBITED CONTENT

The Customer shall not allow the posting, transmission, or storage of data and content on our network, or through the services we provide which in PrimeHost’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, court order or otherwise. The Customer is responsible for determining what laws or regulations are applicable to their use of our services. The Customer shall not host within their account, or transmit over PrimeHost’s network, any material believed by PrimeHost to constitute pornography, child pornography, or any material which PrimeHost determines, as its sole discretion to be unlawful, indecent or objectionable. This includes material in all forms including narrative descriptions, and graphics (including photographs, illustrations, images, drawings, logos, executive programs, video recordings and audio recordings). The Customer shall not use the PrimeHost service to make fraudulent offers to sell or buy products, items, goods or services, or to advance any type of financial scam such as pyramid schemes, ponzi schemes or chain letters.

PrimeHost reserves the right to co-operate fully with any criminal investigation of content located within the Customers account that constitutes alleged pornography, child pornography violations or any other alleged violation under law. PrimeHost reserves the right to terminate the Customer’s service without notice if any service is used to violate any of these terms and conditions.

SECTION 11 - NETWORK ABUSE

The Customer is prohibited from engaging in any activities that PrimeHost determines in its sole discretion to constitute network abuse, including the following:

  1. Causing excessive consumption of server or network resources, including CPU time, memory, disk space and session time. The Customer may not use resource-intensive programs which impact other customers or the performances of our servers, network or other systems. PrimeHost reserves the right to terminate and/or limit such activities.

  2. Introducing or executing malicious programs into any network or server, including viruses, Trojan horses or key loggers.

  3. Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email bombing, packet spoofing, IP spoofing and forging routing information.

  4. Executing any form of network activity that will intercept data not intended for the Customer's own service or account.

  5. Evading or circumventing user authentication or security of any host, computer, network or account, including cracking, brute-force attacks or dictionary attacks.

  6. Interfering with or denying service to any user, host, computer or network other than the Customer's host, such as denial of service attacks or distributed denial of service attacks.

  7. Conduct designs to avoid restrictions or access limits to specific services, hosts or networks, including the forging of packet headers or other identification information.

  8. Using any program, application or script, or sending messages or any kind, designed to interfere with/or disable services.

  9. Operating and maintaining internet relay chat (IRC) servers which connect to global IRC networks such as Undernet, EFnet, DALnet, or any other network. The use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is expressly prohibited.

  10. Operating, maintaining, executing or in any other way promoting or allowing the use of any peer to peer file sharing resource, or "torrent" resource on our network.

SECTION 12 - INTELLECTUAL PROPERTY

The Customer may not transmit, distribute, download, copy, cache, host, or otherwise store on a server any information, data, material or work that infringes the intellectual property rights of others. This includes the use of the PrimeHost service to transmit any material by e-mail, uploading, posting, hot linking, directly links, or otherwise) any content that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, promoting of products or services which infringe on the same. PrimeHost has the right to disable access to, or remove, infringing content to the extent required under any law or regulation. PrimeHost also reserves the right to suspend permanently and terminate the services of any Customer that violates the intellectual property rights of others, or any copyright law.

SECTION 13 – INTERNET ETIQUETTE & EMAIL POLICY

Electronic forums such as mail distribution lists, news groups and electronic mail, all have expectations regarding subject area and appropriate etiquette for posting. You should be considerate of the expectations of others on the network when posting material for electronic distribution. The network resources of PrimeHost may not be used to impersonate another person or entity, or misrepresent authorisation to act on behalf of other of PrimeHost. All messages transmitted via PrimeHost must correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or postings. PrimeHost reserves the right to determine whether such messages or posts violate this policy.

Bulk Email Policy & Spam

The Customer may not utilise PrimeHost’s network resources to perform, be the target of, or in any way be involved in e-mail address extraction or unsolicited commercial e-mail or unsolicited e-mail mass mailing (spamming) of any kind. The Customer may not send mass unsolicited email, which is defined as email that is sent to recipients who have not double-opted in to mailings from the Customer. Customers who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to PrimeHost upon its request. If the Customer cannot provide positive and verifiable proof of such consents and opt-ins, PrimeHost will consider the mass mailing to be unsolicited. Violations of this type will result in the immediate termination of the Customer’s account and a $25,000 New Zealand dollar penalty fee will apply.

Mailing List Policy

The Customer is prohibited from operating mail lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail addresses available to the Customer for distribution of information. Customers who operate mailing lists must maintain complete and accurate records of all consents and opt-ins (including the actual e-mails and their headers), and provide such records to PrimeHost upon its request. If the Customer cannot provide positive and verifiable proof of such consents and opt-ins, PrimeHost will consider the list mailing to be unsolicited. Any mailing list maintained by the Customer must also allow any party on the list to remove themselves automatically and permanently.

Other prohibited mailing activities include the following:

  1. Use of PrimeHost’s network for the receipt of replies to unsolicited mass e-mail/

  2. Forgery of email headers, also known as spoofing.

  3. Spamming via a third party proxy, aggregation of proxy lists, or installation of proxy mailing software.

  4. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.

  5. Hosting web pages advertised within unsolicited email messages or spam email sent from another network.

The Customer agrees that if as a result of a Customer’s actions, PrimeHost’s mail servers or internet protocol address ranges are placed on spam databases, blacklists, black hole lists and other mail filtering software systems, PrimeHost shall charge the Customer a $200 initial fee, and $100 per hour thereafter for any necessary remedial actions. Violations of this type will also result in the immediate termination of the Customer’s account and a $25,000 New Zealand dollar penalty fee will apply.

SECTION 14 - VIOLATIONS OF TERMS

PrimeHost reserves the right to enforce these terms and conditions with or without notice to the Customer by any actions it deems necessary in its sole discretion, including the following actions:

  1. Disabling and permanently terminating all services.

  2. Removal of domain name server (DNS) records

  3. Blocking mail or any other network service

  4. Effecting IP address null-routing

  5. Bill the Customer for administrative costs and/or reactivation charges.

  6. Bring legal action against the Customer for violations of terms of service.

  7. In the case that PrimeHost terminates services, the Customer shall not be entitled to service credits or any refund, and PrimeHost shall not be in default under any agreement for services.

The above-fore mentioned list of actions shall not be construed in any way to limit the actions or remedies that PrimeHost may take to enforce and ensure compliance with our terms and conditions. PrimeHost reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer’s violation of our terms and conditions.

SECTION 15 – EXCLUSION OF LIABILITY

You shall indemnify us against all claims in respect of any loss or damage, including consequential loss sustained by a third party. Under no circumstances including negligence shall PrimeHost, it’s employees, directors, affiliates, agent, third party providers, suppliers or the like be liable for any damages suffered by any Customer, nor be liable for any claims whatsoever or howsoever caused, including without limitations to property damage, loss of profits or goodwill, interruption of business, work stoppage, intellectual property infringement, personal injury, computer failure or malfunction, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to PrimeHost’s records, programs, service or property or for any direct, indirect, special, consequential or incidental damages, whether arising out of the Customers inability to use the service, breaching of warranty, contract, liability or otherwise, even if PrimeHost has been informed of the possibility of such damages or claim by any party.

You expressly agree that the use of our service is at your sole risk. Neither PrimeHost, it’s employees, directors, agents, third party providers, suppliers or the like warrant that our service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our service; or as to the accuracy, reliability, or content of any information service contained in or provided through this service, unless otherwise expressly stated in this contract.

It is expressed, acknowledged and agreed by you that PrimeHost accepts no responsibility for the nature, quality and content of the material available on the Internet.

SECTION 16 – BACKUP OF FILES

The Customer agrees that PrimeHost is not responsible for the backup of any Customer files or data residing on our servers. You are responsible for the backup of your data on our servers and PrimeHost will not be held liable for any data or content which has not been securely backed up by you. In the case where PrimeHost provides a customer-requested backup of account data, a charge of $30.00 is applicable.

SECTION 17 – INTERNET PROTOCOL ADDRESSES

The Customer agrees that any Internet protocol addresses (IP numbers) assigned are owned by PrimeHost, who may, at any time, revoke, change or suspend any internet protocol addresses assigned.

SECTION 18 – CONSUMER GUARANTEES ACT 1993

In circumstances where you acquire our services for the purpose of business as defined in the Consumer Guarantees Act 1993, the provisions of the Act do not apply to any services we agree to provide you.

SECTION 19 – PRIVACY ACT 1993

PrimeHost may monitor your use of the service electronically and may disclose this information to third parties. This disclosure may be made to satisfy laws, regulations, government, police or statutory requests.

You authorise any person or company to provide us with such information as we may require in response to our queries. You authorise us to furnish or provide any details held by us about you to any person or entity (including credit reporting agencies, debt collection companies and private investigators) including any details of any subsequent dealing that you may have with us.

SECTION 20 – VALIDITY OF EACH TERM

If any term of this contract is not valid for any reason, all other terms remain valid.

SECTION 21 – APPLICABLE LAW

This contract is governed by and is subject to the laws of New Zealand.

 

Here's a great way to keep up-to-date with PrimeHost news & special offers. Join our Newsletter today!