Terms and Conditions for Using Our Services

1. Introduction

By purchasing and using our web hosting services, you agree to these terms and conditions. If you do not agree, please do not use our services.

2. Changes to Terms

We may update these terms at any time. Continued use of our hosting services after changes are made constitutes acceptance of the updated terms.

3. Use of Services

You agree to use our hosting services only for lawful purposes. You must not use our services for any activity that could harm our network, servers, or other customers.

4. Intellectual Property

Any content you upload or provide to us for upload is your responsibility. You must ensure you have the rights to use, distribute, and publish any text, images, videos, or other materials. We do not claim ownership of your content, but we are not liable for any copyright or legal issues arising from the materials you provide.

5. Server and Email Access

As the administrator of our servers, we have access to all hosted content, including websites, databases, and emails. If you experience email issues, investigating and resolving the problem may require us to access your email account. We will only access your data when necessary for troubleshooting or maintenance, and we will not share or misuse any information.

6. Backups and Data Loss

We provide daily backups to help protect your data and take every reasonable step to ensure they are reliable. However, we can’t guarantee that backups will always be available or error-free, and we’re not responsible for any loss of data or downtime.

7. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any damages, including loss of data, revenue, or service interruptions, resulting from the use of our hosting services.

8. Refund Policy

Once your hosting service is activated, no refunds will be given under any circumstances. This includes cancellations, downgrades, or early terminations.

9. Service Availability

We strive for high uptime and reliability, but we do not guarantee uninterrupted service. Scheduled maintenance or unforeseen issues may cause temporary disruptions.

10. Security and Responsibility

While we implement security measures to safeguard your website, we cannot guarantee complete protection from hacking, malware, or unauthorised access. We will make every reasonable effort to ensure your website is secure, but ultimately, we cannot be held liable for any breaches or attacks that may occur.

11. Termination of Service

We reserve the right to suspend or terminate your hosting service if you violate these terms or engage in activities that could harm our network or other customers.

12. Governing Law

These terms are governed by the laws of New Zealand. Any disputes will be handled in New Zealand courts.

13. Domain Registration and Contact Information

For domain registrations, the primary email address used for administrative, technical, and billing contact will be our designated email address. However, all domain registrations will be done using the client’s email address as the registered contact. This ensures that the client retains full control over their domain, while we maintain necessary access for management purposes related to the services we provide.

14. Annual Hosting Invoices and Domain Expiry

Invoices for annual hosting renewals will be sent to the client 30 days before the expiry date. We will make every effort to contact the client if payment has not been received by the expiry date. However, it is ultimately the client’s responsibility to ensure payment is made on time.

Once the domain has expired, we will retain a copy of the website for 3 days. After this period, the website will be deleted. We will always attempt to contact the client by phone before any deletion occurs.

15. On-Request Work

Any work requested by the client that is not part of the standard service offering will be charged at the rates specified on our pricing page. Once the work is completed, invoices for on-request work must be paid within 7 days. Failure to make timely payments on multiple occasions may result in the client being moved to a prepayment basis for any future work.

16. Website Build Deposits

If you have paid a deposit for a website build, please note that this deposit is non-refundable. Additionally, the website must be completed within a maximum of 3 months from the deposit payment date. If the website is not completed within this time frame, and the delay is not caused by us, you will forfeit the deposit and the website will be considered abandoned. The 3-month period starts from the date the deposit is received, and extensions will only be granted if agreed upon by both parties in writing.

17. Indemnification

You agree to indemnify and hold harmless Impact Learning Ltd, trading as Impact Websites, its officers, employees, and agents from any claims, losses, or damages arising from your use of our hosting services, including violations of these Terms and Conditions.