Terms and conditions
This Agreement details the terms and conditions governing your use of the services made available to you by Claristone Limited, hereinafter called “Claristone” or “We”. Use of Claristone’s products or services represents that you have read and understood these terms and conditions. This represents the whole agreement and understanding between Claristone and the individual, corporation or organisation who subscribes to the Service hereinafter called “Member” or “Members” or “You” or “you”. This document is referred to as the “Agreement”.
PLEASE READ THIS AGREEMENT CAREFULLY. Claristone reserves the right to terminate any transaction, service, account or product, should you be found to be in violation of these terms and conditions.
Claristone reserves the right to modify this Agreement at any time. Your use or order of any of Claristone’s services demonstrates your unconditional acceptance to this Agreement.
2. Claristone’s Commitment and Services
Claristone provides a wide range of web-based services, including web site hosting, solutions for business, maintenance service, and consultancy services. When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, and what you are receiving, and are aware of charges, limitations, additional charges that may be relevant, and specific limitations which may apply. Claristone endeavours to provide reliable, continuous services at all times, however the service is not totally fault-free and relies on factors outside the control of Claristone. Claristone’s services are provided at such times and means to the customer as is practical.
We retain the right to refuse service to anyone at any time. We reserve the right to change the nature of a plan (speed, data, price) with one month’s written notice.
3. Charges & Payment
Subscription services are payable in advance. The customer agrees to pay for any charges incurred by the customer or it’s users, or by any use of the customer’s account (whether authorised or not) The customer agrees that they will pay for all goods and services prior to the due date. Failure to make payment by the due date may incur a penalty on your account or may result in your account being restricted or suspended, and service-related fees will be charged for re-instatement of your account. Customers will be charged all costs associated with debt collection for any overdue accounts.
4. Customer Costs
The Customer must provide and pay for any other equipment needed to access the Service at their own cost, and agrees that Claristone will not provide software or advice as to how to use the service without payment, for any consultancy service. The customer will be liable for all fees and expenses incurred by any security breach, attack or customer error that involves the customer’s hardware, software, or network configuration.
5. Term / Termination
Any subscription service you register for will be treated as a fixed, on-going contract. Should you wish to cancel your service, you are required to give at least 30 days notice subject to the end of any term contract. Your account will be suspended at the end of the service period which you have paid up for. No refund for unused subscription is available.
6. Prohibited Conduct
Claristone does not allow the use of unsolicited commercial email, “Spam” to promote products or services. Any Member engaging in the sending of Spam through the Claristone network, or services, or promoting information on websites hosted by Claristone will be considered in breach of this Agreement and Suspended from the Service immediately. Your use of the Service must be in compliance with New Zealand laws and laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviour prohibited by the Service:
o Content that contains or contains links to: child pornography or other illegal content under applicable law.
o Content that condones, promotes, contains, or links to “warez”, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
o Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Claristone account will result in immediate account suspension.
o Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
o Content or otherwise that exploits children under 18 years of age.
o Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
o Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
o Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
o Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
o Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Claristone service, solution or technology.
o Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwords of Member Sites (or pages contained therein).
7. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and use of the Service is at your own risk. Claristone makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Claristone is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Claristone.
For greater certainty and without limitation to the generality of the following:
o in no event will Claristone be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
o Claristone, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
o in no event shall Claristone be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Claristone harmless from and against, and to reimburse Claristone with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Claristone by reason of or arising out of or in connection with:
o any breach of this Agreement by you or;
o any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
o illegal, pornographic, or discriminatory content on your website.
9. Force Majeure
Without limiting any other provisions of the contract, neither Claristone nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event. Nothing in this clause shall excuse payment of any money due or which becomes due under the contract. Claristone will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
The rights and obligations of either party which are affected by a force majeure event shall be suspended during the continuance of the force majeure event, and either party claiming to be affected by the force majeure event shall give immediate notice to the other party containing full particulars of the force majeure event. The party giving notice under this clause shall take all reasonable steps to mitigate the effects of the force majeure event and remove such force majeure event provided that neither party shall be required to remove any such force majeure event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
10. Business Warranties and Claims
The Customer acknowledges that supply under this contract is a supply for business purposes or your intent was or is to use our services in part or in full for such purpose then you agree, to the extent legally permitted, in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 (“Act”) and accordingly, subject to clause 16 the provisions of the Act do not apply to any supply made pursuant to this agreement. The Customer agrees and acknowledges that in no event will Claristone be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods or services and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of Claristone will not exceed the purchase price paid by the Customer for the goods or service. When the Customer on-sells the goods to customers who purchase the same for business purposes the Customer shall contract out of the Act in same manner as per above. Should the Customer fail to do this the Customer will indemnify Claristone against any claim expense or loss suffered by the Seller as a direct or indirect consequence of such failure. No claim shall entitle the Customer to withhold payment of any sum due to Claristone under this or any other contract nor shall a claim give any right to set off any payment due to the Customer by us.
12. Reservation of Rights
Claristone reserves the right and sole discretion to:
o Censor any website hosted on its servers that is deemed inappropriate;
o Review any account for excessive space or bandwidth utilisation and to suspend Service to those accounts that exceeds allowed levels;
o Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
o Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Claristone or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
o Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Claristone determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
o Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
o You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
13. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
15. Resale of our Services
If you are a reseller of any of our services or act as such in on-selling or otherwise providing to another the services we provide for you, you agree:
o there is no direct relationship between us and your client;
o you will not refer your customer to us for support services;
o you will make it clear to your client that you are the contact for all purposes; and
o this agreement also applies to your clients.
The Customer cannot assign its rights under any agreement with Claristone without the prior written consent of Claristone.
17. Additional Agreements
Where you have entered into a separate service agreement with us, the terms of a service agreement will take precedence over any one of these terms and conditions in the event of a conflict. Any such clauses from these terms and conditions would then be severable, while all other remaining clauses not covered by a separate service agreement will remain enforceable.
18. This Agreement
These Terms and Conditions, as may be updated from time to time and posted at, http://claristone.co.nz/terms-and-conditions/ represent the complete agreement and understanding between us with respect to the Service.