Exiga Software Solutions may modify any of the terms and conditions contained within this Agreement and any policy or guideline incorporated by reference, at any time at its sole discretion and may also determine whether and when modifications apply to existing or future customers. All modifications take effect immediately upon their being posted on the Exiga Software Solutions Website (the “Site”). Exiga Software Solutions may post modifications to referenced policies and guidelines without notice to you. The Customer’s continued use of web hosting services following Exiga Software Solutions posting of modifications constitutes the Customer’s acceptance of the said modifications.
TERMS AND CONDITIONS
- RENEWAL SERVICE. Upon expiry of the initial term, the subscription for the Service shall be automatically renewed for one further term on the same terms and conditions herein, unless Exiga Software Solutions or the Customer furnishes written notice to terminate the Service at least ONE (1) month prior to the expiry of the current term. The early termination of service will result in a 100% monthly charge for the remaining contract period being imposed on the Customer.
- ACCESS TO DATA CENTRE. The Customer shall assign up to ONE (1) technical contact to have 24 hour access to the data centre. This assigned technical contact can only bring one (1) guest into the data centre at any one time. No equipment shall be removed from the Data Centre without the Customer giving prior notice to Exiga Software Solutions and subsequently obtaining official permission/clearance from Exiga Software Solutions
- OWNERSHIP OF SERVER. Exiga Software Solutions acknowledges that the server is the property of the Customer and shall not at any time or under any circumstances declare that the server belongs to Exiga Software Solutions in order to secure loans, contracts or for any other purposes. The Customer understands that while every feasible precaution is taken by the Data Centre and by Exiga Software Solutions to safeguard the Customer’s property, the Customer must undertake the responsibility to separately insure the property placed at the Data Centre. While the Customer agrees to observe the termination clause provided herein in Clause 10, Exiga Software Solutions will also ensure that ample notice is given for the return of the server to the Customer if the service offered by Exiga Software Solutions is discontinued for any reason. If the Customer has not settled outstanding payments for more than three months, Exiga Software Solutions reserves the right to re-sell his server in order to settle the cost of the Customer’s back payment. An email notification will be sent to the Customer prior to the abovementioned re-sale.
- BANDWIDTH / HIGH RESOURCE USERS. Customer understands that sites may be subject to network abuse and the usage of a large amount of resources. Any Customer who uses an inordinately high level of resources, or high bandwidth which adversely affects other customers and overall server performance, may have their site temporarily closed and Exiga Software Solutions shall contact the Customer to resolve the issue.
- SERVICE LEVEL ASSURANCE. Exiga Software Solutions assures Customers of the following service standards and provisions:
- 99% network availability and connection to your servers.
- Each server is guaranteed minimum 5Mbps Internet Bandwidth, up to 100Mbps Shared Bandwidth* for Local/International Connections.
- *Exiga Software Solutions reserve the rights to rate limit each server to 5Mbps bandwidth for constant or high bandwidth usage server.
- For each One (1) Mbps (Megabit per second) Internet Bandwidth is charge at $80/per month.
- At least 24 hours notice via email/announcement on website prior to any scheduled downtime.
- Exiga Software Solutions’s network/technical support team will be on standby 24 hours a day, 7 days a week to resolve any problems.
- REBOOT SERVICE. A fee will be incurred for server reboot request at Equinix IDC. Smarthand service as per customer’s request is charged at $320/per hour, with a minimum of half an hour’s (30 minutes) block.
Invoice will be issued upon completion of server reboot request. This service will only affect customer who co-located server at New Zealand Data Centre.
- SCHEDULED MAINTENANCE AND INCIDENCES OF DOWNTIME.Exiga Software Solutions will undertake utmost effort to provide services 24 hours a day, seven days a week, in line with standard industry practices and service levels. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, due to periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Exiga Software Solutions’s control or which are not reasonably foreseeable by Exiga Software Solutions, including but not limited to the interruption or failure of telecommunications systems or digital transmission links, hostile network attacks, network congestion or other failures. Exiga Software Solutions will notify Customer in advance via email or update the announcement section of our website and will undertake every reasonable effort to minimize any other disruptions and/or inaccessibility arising from the inoperability of its web servers. Exiga Software Solutions will not assume responsibility for downtime arising directly from a user’s irresponsible actions.
- ILLEGAL MATERIAL. Customer shall not, in any way, use the services procured for the staging of any illegal, immoral or unethical acts. The hosting of, reference to or linking to any of the following material is not allowed:
- Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
- Adult Oriented Material: Includes Pornography, Obscenity, Erotic graphics/images, and Sex-related merchandise.
- Warez: Includes Pirated Software, Hacking, Cracking, Hacker’s or Cracker’s aids/tools
- Spamming: The sending of mass, unsolicited emails using our server is strictly prohibited.
- The commercial distribution of MP3s, Music Files, Videos, Softwares or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.
- Malicious acts against an individual/group.
- Threatening acts against an individual/group.
- The promotion of Online Gambling
- The infringement of any applicable laws/regulations.
- CHANGE OF PARTICULARS. It shall be the responsibility of the Customer to notify Exiga Software Solutions in writing of any changes to the Customer’s personal particulars.
- PAYMENT TERMS. The Customer agrees to pay service fees and any other fees in full promptly. Penalties will be incurred and shall be levied for overdue accounts. Services provided by Exiga Software Solutions to the Customer may be suspended or terminated if fees are not paid in full by their due date. Exiga Software Solutions shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees. An administrative fee of $50 will be levied for re-activation of service. All fees inclusive of Government Tax. Our GST tax reference number: 200406609R.
Exiga Software Solutions reserves the right to charge you reasonable “administrative fees” or processing fees” for (i) tasks perform outside the normal scope of its Services (ii) additional time and/or costs incur in providing its Services.
- CONTRACT BASIS. Payment shall be made in full and prior to the contract period. A renewal notice will be issued approximately two weeks prior to expiry of present service period for the following month’s service; subsequently followed by a final reminder one week prior to the expiry date of present service period if no response is received to date. Customer must make full payment before the due date indicated in the final renewal notice. If no response is received from client by the due date, we will assume that Customer wishes to discontinue his Hosting services/plan with Exiga Software Solutions. Hence, Customer’s account will be terminated anytime. All reminders to make payment will be sent via email only. Customer shall not hold Exiga Software Solutions accountable for non-receipt of renewal notifications if Customer has not periodically updated Exiga Software Solutions with mailing/email address changes. We reserve the right to impose an $50 administrative charge for re-activation of Customer’s service account.
- REFUND POLICY. We do not have a refund policy for Colocation services. Customers are required to subscribe to a minimum service period of one month if they wish to procure Exiga Software Solutions’s colocation services.
- TERMINATION. Exiga Software Solutions reserves the right, at its sole discretion, to terminate the Customer’s access to any or all services at Exiga Software Solutions without prior notice for any reasons, including and without limitation, if Exiga Software Solutions believes that the Customer has violated this agreement. The Customer may terminate this agreement by providing one (1) month written notice to Exiga Software Solutions. No refunds will be provided. Upon the termination or expiration of this agreement, the Customer agrees to settle in full all outstanding, unpaid fees remaining.
- GOVERNING LAW. This agreement shall be governed by New Zealand law, including without limitation the provisions of the New Zealand Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and the Customer hereby agrees to submit to the jurisdiction of the New Zealand courts. Customers of Exiga Software Solutions are required to comply with all local laws and regulations
- DISCLAIMER. Exiga Software Solutions shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Exiga Software Solutions has been advised of the possibility of such damages prior to their occurrence), resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Customer’s transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will Exiga Software Solutions be held liable for any damages in excess of one hundred New Zealand dollars (NZD$100.00). Exiga Software Solutions reserves the right to revise or review its policies at any time.
EXIGA SOFTWARE SOLUTIONS RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT(S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.
If you have any questions or concerns relating to the above, please contact us.