Terms of Service
KiwiWebsites provides an website design, management & promotion service (hereinafter "Service") and is wholly owned by Greenstone Digital Limited (hereinafter "KiwiWebsites", "we" or "us"). The below terms govern your use (hereinafter "User") of the KiwiWebsites website (hereinafter "Site") and all services offered by KiwiWebsites.
ACCEPTANCE OF TERMS
By accessing this website and using the service this then acts as your agreement to the following terms of service disclosed herein. You and KiwiWebsites intend that this is a binding legal agreement. If you do not agree with any or all of these terms, do not use the KiwiWebsites website or the service. Violation of these terms of service may result in the termination of your access to the KiwiWebsites service.
CHANGES TO TERMS OF SERVICE
We may change these terms of service at anytime without giving prior notice. You can see the latest terms of service by clicking the "Terms of Service" hyperlink down the bottom of our website pages. You are responsible for checking these terms periodically for changes. If you continue to use the Service after we make changes that constitutes your ongoing agreement to these terms.
DESCRIPTION OF SERVICES
KiwiWebsites provides a website design, management and promotion service for small businesses in New Zealand. This is provided as a monthly subscription package.
You may only use the KiwiWebsites Service for lawful, authorized purposes and in accordance with these terms of service.
You must be at least 18 years or older to use the Service.
You must use an authorized credit card or Paypal account to subscribe to a plan.
You will not use the Service to carry out unlawful, misleading, malicious or discriminatory actions.
You will not take any action that could disable, overburden, or impair the proper working of the Service.
You will not upload viruses or other documents with malicious purposes.
You must not impersonate as a representative of KiwiWebsites.
You must not carry out any actions that could damage the reputation or revenue of KiwiWebsites.
You must not attempt to copy or duplicate the Service.
If you wish to transfer your website into your own Wix account there is a $150 administrative fee to process the transfer.
If you require an entire new website design different to what you requested in the questionnaire there is a $150 fee to build the new website.
If you require any further support or website changes above the included 20 minutes per month in the base $59/mo package, the cost is $65 + GST per hour.
OWNERSHIP AND INTELLECTUAL PROPERTY
KiwiWebsites originated content on this Site is the property of KiwiWebsites and may not be copied without explicit permission from MomentumInvesting management.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KiwiWebsites and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KiwiWebsites.
AVAILABILITY, ERRORS AND INACCURACIES
We are may update the Service periodically without prior notice being given. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current.
The Service may be mispriced, described inaccurately, partially or entirely unavailable, and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
A valid credit card or Paypal account or credit card is required for our service. The Service is billed in advance on a monthly basis. It will automatically re-bill on the same cycle until the user cancels inside their Paypal account or sends us a request. A user can request to upgrade or downgrade their plan at anytime and will be billed immediately for that new plan. Failure to make payment for more than 30 days outstanding will result in your website and any other associated services being taken offline. If you wish to have your website and services re-instated there is a $150 re-connection fee in addition to making your overdue payment.
Due to potential abuse of the Service all payments received are final and there are no refunds given. There are no partial refunds provided for any un-used time or credits in a plan. Please carefully consider whether the Service is suitable for your requirements before making payment.
CHANGES TO SERVICE
We may change or discontinue any feature of the Service at anytime without prior warning.
Your use of the Service is at your sole risk. The Service is provided on an "AS-IS" and "AS-AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We use Wix.com to build and host all websites and are therefore reliant on their service to function as intended otherwise it may affect your website without our control.
KiwiWebsites its subsidiaries, partners, suppliers, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KiwiWebsites SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KiwiWebsites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (Iv) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold harmless KiwiWebsites and its licensee and licensors, and their employees, contractors, agents, officers, suppliers, affiliates and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
In the event we wish to no longer create or maintain your website we may transfer your website to a new Wix account we setup for you and provide you with the login details, and the site transfer fee will be waived. It will then be up to you to learn the Wix platform, or hire a new Wix consultant and maintain your website going forward.
If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription to prevent further billing. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These terms and conditions will be governed by and construed in accordance with applicable New Zealand Law, and any disputes related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Otago, New Zealand.
If you have any questions about these terms of service please contact us here.