Terms & Conditions

Terms & Conditions

When a customer completes an order with Makeweb LIMITED (MAKEWEB) it is based on acceptance of these Terms & Conditions. These Terms & Conditions will constitute the agreement between the customer and MAKEWEB

MAKEWEB provides a range of Internet services and other products and services for customers to purchase from MAKEWEB’s website www.makeweb.co.nz, or by direct arrangement. When the customer selects to subscribe to any of services it is with the understanding of what each service is, what the customer can expect to receive, the costs, and the payment terms. If the customer does not agree to the terms of this Agreement they may not order any services from MAKEWEB.

1) The nature of the services

MAKEWEB does not sell software. MAKEWEB sells access to online services on a monthly subscription fee basis. Payment of a monthly subscription fee grants access to the service for one month. The customer does not own, lease, rent or in any other way acquire rights to the software that executes (runs) the online services. Dedicated IP addresses are provided as a service only and are as such not owned by the customer.

Other services (i.e. apart from monthly subscriptions) provided by MAKEWEB to the customer are paid for prior to development/delivery. Such services include implementation and/or adaption of website templates, custom development, and acquisition of third party services/products on behalf of the customer.

Third party products or services facilitated by MAKEWEB on behalf of the customer (such as domain names, website templates) are not covered by this agreement. Any such products or services are covered by agreement between the customer and the third party provider. SSL certificated and dedicated IP addresses are acquired by MAKEWEB for MAKEWEB but paid for by the customer and provided for use by the websites subscribed to by the customer on the customer’s own domain name.

All prices on MAKEWEB’s website (www.makeweb.co.nz) or any associated Makeweb website are subject to GST.

2) Support for services provided by MAKEWEB

Any service provided by MAKEWEB includes access to support for help and guidance on how to use/activate/operate the service. MAKEWEB offers access to telephone support within the first 30 days after delivering or initiating a service. Additionally, MAKEWEB offers access to online support during the full duration of subscriptions. Online support requests will be responded to by MAKEWEB staff within 24 hours, excluding weekends and public holidays or otherwise if notified by MAKEWEB to the customer 14 days in advance. MAKEWEB will aim to respond to online support requests same day.

3) Accounts

It is the customer’s responsibility to provide MAKEWEB with a valid email address which is not in any domain(s) used for any of the services provided by MAKEWEB.

MAKEWEB asserts the right to refuse service to any customer at any time for any reason.

MAKEWEB does not monitor the content (including but not limited to texts, images, weblinks) the customer publishes on any of the websites provided by MAKEWEB.

It is the responsibility of the customer to ensure that all content published via MAKEWEB websites is legal, does not breach any intellectual property rights or copyrights, and fully complies with national and international law. This includes, but is not limited to any images, graphical representations, styles, guidelines etc. provided to MAKEWEB with the purpose of generating bespoke layout and design of the website. MAKEWEB cannot take responsibility of any content published by the customer via any MAKEWEB websites.

MAKEWEB reserves the right to suspend any website without notice and without refund on suspicion of breach of this agreement.

4) Intellectual property rights

Any content added to a MAKEWEB website by the customer including but not limited to images, titles, descriptions, articles etc. is the intellectual property of the customer. Any data stored by the system in a database, files or otherwise, as part of normal operation of the system, including but not limited to customer data, orders and sales information is the intellectual property of the customer. MAKEWEB does under no circumstances claim intellectual property, nor responsibility, of any content added by and rightly owned by the customer. MAKEWEB will under no circumstances except by legal order give, sell or in any other way distribute to a third party data which is considered the intellectual property of the customer.

5) Access to the websites and online administration

The customer has the right to access any website, including the online administration for the website, 24 hours per day, 7 days per week. MAKEWEB will not restrict such access during an active subscription period.

MAKEWEB can at any time access any website, including the online administration for the website and the database supporting the website and content herein. MAKEWEB will however not do so unnecessarily but we need to assert this right in order to provide support, implement features and changes, or performing system upgrade.

6) Payment and Billing cycle

Monthly subscription fees are paid prior to the monthly subscription beginning. Subscriptions are renewed monthly by prior payment of the monthly subscription fee. Failure to renew the monthly subscription is considered as intent for terminating this agreement by the expiry of the last subscription period paid for. Services will be terminated by the expiry of the subscription.

Payment must made directly to the assigned bank account and must be received prior to the beginning of the next subscription period.

IMPORTANT: Should the customer experience problems making the monthly subscription payment in time but does NOT wish to end the subscription it is important that MAKEWEB is notified about this prior to the end of the subscription period.

7) Cancellation and termination of subscription

This Agreement may be terminated by either party (MAKEWEB or the customer), to the end of the current monthly subscription period, by giving the other party email notice. Termination will happen at the end of the current subscription period. No refunds will be provided for any time between the notification of termination and the expiration of the subscription period.

MAKEWEB will be entitled to payment for the month in which the account was cancelled.

When a subscription expires MAKEWEB will remove the websites covered by the subscription, including all data and images. In such case MAKEWEB is not responsible for saving any data or images covered by the subscription. Prior to the expiry of a subscription the customer should login to the online administration to save any data the customer should wish to retain.

Any domain name covered by an expiring subscription will be removed from our serves. It is the responsibility of the customer to ensure that the domain has been redirected to a new server prior to the expiry of the subscription to avoid gaps in e.g. email services form that domain.

MAKEWEB may, at its’ sole discretion, cancel an account at any time if, in MAKEWEB’s opinion, the client has failed to abide by this agreement. In such case MAKEWEB shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and attorney’s fees.

8) Backups and Data Loss

MAKEWEB ensures that all website specific data is backed up daily. This data includes all information related to information pages, products, customers, orders and website/webshop configuration. This data DOES NOT include any images uploaded to the website by the customer, nor does it include any custom created design/template created specifically for single customers.

The customer can request MAKEWEB to restore this data to any date 7 days back. This will be billed based on time spent, but no more than 1 hour.

9) Attempts at hacking

The customer must not in any way attempt to access the file server or any files on the file servers, except for images uploaded by the customer. The customer must not attempt to hack or spy or in any way attempt to gain access to any resources on the servers. The customer must not attempt to change any files or in any way affect the system in an unauthorised way. The only authorised way of affecting the workings of the systems is via the default settings available for adjustment in the online system administration. Any such attempts as covered by this point are illegal and will be treated as such.

10) Anti-Spam Policy

This sets forth MAKEWEB’s zero tolerance policy with regard to the use of “Spam” internet marketing techniques from email addresses registered on MAKEWEB servers. In the event that MAKEWEB deems the customer to be in violation of MAKEWEB’s policies, MAKEWEB shall immediately revoke the customer’s user rights and delete any active account(s).

MAKEWEB considers spamming to be any activity whereby the customer directly or indirectly transmits email messages to any email address that has not solicited such email and does not consent to such transmission

11) Indemnification

The customer agrees to indemnify, defend and hold MAKEWEB and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the customer violation of this Agreement or use of the web services.

12) Disclaimer

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MAKEWEB, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. MAKEWEB AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAKEWEB AND THE CUSTOMER. NO GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

13) Acknowledgement and changes to these Terms & Conditions

This Agreement represents the entire understanding between the customer and MAKEWEB regarding the customer’s relationship with MAKEWEB and supersedes any prior statements or representations. The customer AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHEN the customer PURCHASES ANY PRODUCT OR SERVICE FROM MAKEWEB.

MAKEWEB reserves the right to change the Terms & Conditions. The customer will be notified via the registered email address about any changes to these Terms & Conditions. This notification will happen at least 1 month prior to the new Terms & Conditions taking effect, except in very exceptional cases.

These Terms & Conditions are valid as of May 10 2010.

Copyright Makeweb LIMITED 2009, 2010

Makeweb is a registered company in New Zealand (2177401).