Terms of Trade Agreement
1 July 2020
Tidy International Limited, Tidy International (NZ) Limited and Tidy International (UK) Limited; collectively or individually referred to as “Tidy”, “Us”, “Our”, or “We” in the terms below:
- You will be deemed to have accepted these Terms of Trade, upon the earlier of any of the following events:
1.1 Upon commencement of the 30 day free trial;
1.2 Upon any communication from you (by email, phone, fax or mail) requesting us to begin web development services to you;
1.3 Upon registration of your domain name
1.4 Upon payment of the first hosting fee;
- Tidy does not permit any objectionable material on their web servers. Tidy will not host websites that contain, or link to, any illegal content (under New Zealand law), nudity, pyramid schemes or gambling. Tidy reserves the right to refuse hosting, or terminate hosting immediately, if they believe the content is objectionable. No discussion with you will be entered into.
- Tidy may send you periodic correspondence including, but not limited to, newsletters, if you have provided your email address to us via our website, requested a quote, started a free trial, or made a purchase. You may unsubscribe at any time. If you are a live website hosting customer, we may send you additional messages from time to time where we have important information to disclose to you regarding changes to our account processes, terms and conditions, web hosting or domain services.
- We will not share your personal information with any other person, company, or government agency, unless required by law or by a court order.
- Hosting fees are non-refundable. You have the option of monthly, six monthly or annual hosting plans. There will be no refund for any unused portion. You need to notify us prior to your hosting anniversary date if you want to change plans, failing which we are not obliged to make any changes.
- The traffic allowances that apply to your hosting plan are shown on the hosting/pricing page. You are required to pay for the costs of any excess traffic on your domain name, and to change to a higher hosting plan in anticipation of a prolonged traffic increase.
- Tidy is not responsible for any loss of income or any other loss, direct or consequential, suffered by you as a result of down time or loss of your website, caused by
7.1 suspension of your hosting for failure to pay your fees on time
7.2 attacks by hackers,
7.3 crash of your server, or
7.4 for any other reason which is outside of the control of Tidy.
Tidy will use its best endeavours to provide a minimum of 99.9% availability of your website. If you receive less than 99.9% uptime over a 3 month period, we will give you a hosting credit on a pro rata basis of 10% reimbursement per 1% outage
- All fees are charged in advance. An invoice will be issued to you that match the fees charged. You must pay all fees invoiced to you in full prior to cancelling your hosting.
- All invoices must be paid in full by the due date. Interest at the rate of 2% per month will be payable on all arrears outstanding, calculated from the date of default until payment. In addition, any default in payment will result in the suspension of your hosting. If payment is not received within 30 days, your account will be referred to a debt collector and further charges, including but not limited to, legal and collection fees may be incurred.
- Any expenses, disbursements and legal costs incurred in the enforcement of any rights contained in this contract shall be paid by the Customer, including but not limited to any solicitor's fees, debt collection agency fees and court costs.
- A deposit fee may be required prior to us starting any custom design or development for you. This deposit will be payable in advance before any work commences. This fee is non refundable. At the completion of the design mock-up stage, you may cancel without incurring further expense. Payment of the remaining balance of the total fee is required once you authorise Tidy to complete the job. Receipt of this payment is due before the design can be made live.
- We will provide at least 14 days notice of a domain name renewal date. Domain name fees must be paid within five business days of their expiry date, or your website will go offline due to non payment. You will lose registration rights if you fail to pay your outstanding fees within 90 days after that time. You must notify Tidy before the renewal date if you do not wish to renew a domain name, or you may be liable for payment if we have renewed your domain name in good faith.
- Tidy provides industry standard encryption of credit card details via SSL certificates and security behind a firewall, but Tidy does not accept responsibility for any transactions completed on your website between you and your customers. Without limiting the generality of this limitation of liability, Tidy is specifically not responsible for transactions occurring through any payment gateways on your website, or by customers placing fake orders, or customers providing invalid payment details, or merchants (or their staff) misusing credit card numbers, or any other monetary transaction on a merchant's website. Tidy provides SSL forms for credit card payments, but we do not advise their use, and will not be responsible for any misuse or loss of card details obtained by these means.
- Tidy is not liable for any loss or consequential loss of any kind due to any cause including but not limited to, lack of server availability, payment gateway interface, application or configuration error, system error or user error.
- Tidy provides offsite backups, and will restore all websites free of charge in the event of a major catastrophe. However, fees will apply to restore individual websites or data due to customer error or non-payment or non-communication.
- We provide email services at no additional charge to our web hosting service. Email errors can happen at several points in the chain. Therefore, we will only provide a level of support to confirm that email was delivered to your mailbox or ISP, and that for any mailbox provided by us, that both webmail and pop3 services are functioning correctly. If you require additional support, then we can provide you with support but that time is chargeable. If Tidy is at fault, then that time will not be chargeable. We suggest that all businesses ensure they have a local computer technician to diagnose problems at their own end first.
- Tidy provides basic industry standard SEO, which includes selection of page titles, opening paragraphs and meta tags, utilising your key phrases as we think best. Although we may give you advice during this work, our time does not include any training as to the methodologies we use. You may pay for additional training time if you would like to learn how to do this yourself. Our aim is to ensure your chosen pages are included in the search results that are relevant to the keywords. We do not guarantee position. Search engines are third parties who change their rules from time to time. They also have significant stand-down periods before pages are indexed, or re-indexed, and may at times block certain pages. We will ensure that your chosen pages are listed in the relevant search results for the keywords you chose (within three months after any other page on your website has been indexed), or we will refund the SEO fee for that page. The term "listed" does not mean top 10 - it means anywhere in the relevant search results.
- For any reported bug, you must provide the browser type, website address, page title, and required navigation to reproduce the bug. We will not investigate your problem until we have received that information. We will only provide warranty of service for Internet Explorer, Safari, Chrome and Firefox web browsers. If you require compatibility with other browsers, this testing time will be at your own expense. For some advanced features of our content management system, we will only warranty service for use with Internet Explorer version 6 and above on a Windows machine.
- The times that the Tidy offices are normally open and our staff are available to service and support you are limited to Monday to Friday between the hours of 9 am and 5 pm New Zealand Time (NZT). The exception to these normal hours are during all New Zealand statutory holidays, Auckland and Wellington Anniversary Day holidays and on the days between Christmas and New Year. While you may receive service and support outside of our normal hours of being open this does not set any precedent or obligation for such service or support to occur at other future times outside our normal hours of being open.
- In any event where Tidy is found in error, any remuneration will be limited to the value of the relevant invoice. Remuneration will be limited to credits against future invoices.
- In addition to these Terms, for domain name registrations of ".nz" domains you are also bound by and you agree to comply with the New Zealand policies published from time to time at https://tidyinternational.com/about/terms and http://www.dnc.org.nz/policies. If you have a .nz domain, then, by entering into this agreement with Tidy, you acknowledge that you have read and understood the current policies.
- In addition to these terms, for domain name registrations relating to non .nz domains, you are also bound by and you agree to comply with OpenSRS services agreement, published from time to time at http://www.opensrs.com/docs/contracts/Services_Agreement.pdf. Grace periods for various domain suffixes are outlined there.
- These terms of trade are governed by New Zealand Law and any dispute will be subject to the jurisdiction of the New Zealand Courts.