Terms

Accommodation New Zealand Terms and Conditions

Please read this agreement in its entirety. All users of our service will be bound by this agreement. This User Agreement (the “Agreement”) governs the terms of the use by Client of services offered by Accommodation New Zealand Limited (“Provider”). The client agrees to receive access to the server services according to the following terms and conditions:

  1. Selection of Service Plan.
    The Client will select one of the service plans offered by The Provider, and agrees to receive services according to the service plan selected.
  2. Payment for Services.
    The Client agrees to a one- (1) month contract beginning upon Accommodation New Zealand Limited’s receipt of signed contract or payment. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
  3. Compliance with Law.
    The Client will use the services offered by the Provider in a manner consistent with all applicable local, national and regional laws and regulations.
  4. File Back-up.
    While The Provider maintains 12 hourly file back ups, The Provider is not responsible for The Client’s files residing on The Provider’s servers. The Client is solely responsible for independent backup of data stored on The Provider’s servers.
  5. Prohibition of Publication of Certain Material.
    The Client shall not knowingly or unknowingly submit to the Provider for publication any of the following material (including pictures, links, or any other content):

    1. any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
    2. any material that is libellous or slanderous;
    3. any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
    4. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings (spam).

    Due to the public nature of the internet, all material submitted by the Client for publication will be considered publicly accessible. The Provider’s publication of material submitted by the Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

  6. DISCLAIMER OF WARRANTIES. THE PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE PROVIDER HAS BEEN ADVISED BY THE CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF THE PROVIDER’S SERVICE TO THE CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, THE PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF THE SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
  7. Limitation/Disclaimer of Liability.
    The Provider is not liable for protection or privacy of electronic mail or other information transferred through the internet or any other network provider its customers may utilise. The Provider does not represent or warrant to The Client that The Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall The Provider be liable to The Client for any damages resulting from or related to any failure or delay of The Provider to provide services under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond The Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute default under this Agreement.
  8. Indemnity.The Client agrees to defend, indemnify and hold The Provider harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by The Provider to The Client under this Agreement, including without limitation claims made by third parties (including customers of The Client) related to any false advertising claims, liability claims for products or services sold by The Client, claims for payment, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by The Client for publication by The Provider, but excluding those related to the negligence of The Provider.
  9. Governing Law/Venue.
    The laws of New Zealand shall govern this Agreement.
  10. Relationship of the Parties.
    The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
  11. Taxes.
    If any regional, national or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by The Provider to The Client under this Agreement (excluding any income, business and occupation, capital gains, death, inheritance, or other indirect taxes), then The Provider may pass the direct amount of such cost on to The Client, and The Client shall promptly pay such cost.
  12. Waiver.Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
  13. Legal Fees.
    If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable legal fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable legal fees and costs that the prevailing party incurred prior to commencing the proceeding.
  14. IP Addresses.
    The Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to The Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
  15. Refund Policy
    The client has a 7 day period to cancel this contract if not entirely satisfied with the services offered and will receive a full refund. If the client chooses to terminate this contract after the 7 days of the contract commencing the client forfeits any and all moneys paid to the provider.
  16. Privacy Policy
    You can read our privacy policy at the Privacy Policy Page