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.
These terms and conditions are valid in part or in full unless changes are agreed between MAKEWEB and the customer by written contract.
MAKEWEB provides a range of Internet services and other products and services for customers, both freely available and to purchase from websites owned and operated by MAKEWEB on behalf on MAKEWEB, 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 in part or in full prior to development and/or 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.
Bespoke development in the form of changes or additions to our existing software in order to meet specific customer requests (ie. new or changed features or functionality) is regarded as internal development which serves to expand the functionality of the services that we provide. As such, bespoke development will either be integrated into our software base or will be provided as separate service for the individual customer.
MAKEWEB also provides a range of free services available to the general public.
Third party products or services facilitated by MAKEWEB on behalf of the customer (such as domain names, SSL certificates etc.) are not covered by this agreement. Any such products or services are covered by agreement between the customer and the third party provider. SSL certificates 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.
MAKEWEB reserves the right to reject proposals for providing content on any specific domain name or URL. MAKEWEB reserves the right to remove without notice any URL and content on such URL for which the URL and/or the content displayed on such URL is deemed in contradiction to this Agreement.
All prices for MAKEWEB services as stated on any website owned and operated by MAKEWEB on behalf on MAKEWEB are given in New Zealand currency and are subject to GST for New Zealand customers.
Discount quote codes are at times provided on flyers, online ads, our website or through other media. Discount quote codes apply to the 'build' of a website unless otherwise explicitely stated. Discount quote codes can never apply to provisioning of third party products or services such as SSL certificates, domain names etc. Discount quote codes are valid for up to 12 months from print date of flyer or ad exposure.
2) Support for services provided by MAKEWEB
Any charged 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.
Makeweb offer no support for free services.
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 regularly 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 operated 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.
However, the customer grants permission for MAKEWEB to, on any website managed by MAKEWEB, list, depict, refer to, or in any other way make reference to any products, services, images or other information that are listed on the website 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 in accordance with standard payment instructions as given on the invoice.
7) Overdue payments - payment terms
No credit terms are given. A finance fee of 2% per month is payable on all overdue amounts.
8) Cancellation, termination of subscription, Refunds
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.
A setup fee is non-refundable after the setup process has been initiated by MAKEWEB. A pre-paid monthly licence fee is refundable in full if the subscription is subsequently cancelled prior to the subscription period commencing.
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 and any email account settings associated with the domain name in question. 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. If email accounts have been setup for the domain name in question on MAKEWEB servers it is the responsibility of the customer to take appropriate measures.
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 from that domain. MAKEWEB is not responsible for the loss of any emails or email services as a result of the termination of a subscription.
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.
9) 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.
10) 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.
11) 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
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.
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.
14) Acknowledgement and changes to these Terms & Conditions
Where no extended contract exists, 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. Any extended contract extends this Agreement.
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 October 20 2016.
Copyright Makeweb LIMITED 2016
Makeweb is a registered company in New Zealand (2177401).