By using cdmdotnet hosting services you are agreeing to the following terms and conditions.
cdm dot net Limited is referred to as "we", "cdm" or "cdmdotnet" in this document, and Client is referred to as "you".
01. Our Services
cdmdotnet provides a range of Internet products and services, including: web hosting, domain registration.
When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.
We retain the right to refuse service to anyone at any time.
02. Payment for Services
Our services all operate on a pre-paid basis. This means you must pay for all services in advance.
Invoices are generated between the 20th and the last day of the month for monthly accounts. If on your joining date the charges for the remaining days of the month total less than $10.00 then you will not be invoiced until the new month (for a full month, plus the remaining days of the current month).
If you choose to prepay for 12 months, you will be invoiced again on the renewal date of your account. If you add additional services within the 12 month period you will be billed for the remaining days in your current term (for example, if there are 195 days left on your 12 month account you will be charged for 195 days for additional services, so that the service will be charged for 12 months on your renewal date).
Services once paid for are non-refundable.
You can pay for your account by Cheque (Payments made by any non-electronic means may incur a $5 handling fee) or Direct Credit. We do not accept cash. Payment is due upon receipt of invoice in accordance with payment terms as provisioned for in any account application and/or due date printed on the invoice.
All payments must be in New Zealand Dollars. Invoices are sent via email.
Payments are due on the 20th of the month following the date of the invoice, an email notification will be sent to you by email if payments are overdue.
If you fail to make payment within 21 days we may suspend or restrict the services on your account.
It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.
Accounts in default are subject to a late payment charge of $25 and an interest charge of 10% per month on the outstanding balance. If the subscriber defaults, the subscriber agrees to pay cdmdotnet its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
You will be responsible for any costs incurred to recover your debt.
You agree that cdmdotnet has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with cdmdotnet is terminated for any reason, by either cdmdotnet or the subscriber.
03. Cancellation of Services
You agree to give at least 30 days notice of cancellation of services (excluding Domain registration).
Notice must be made by post, email or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.
You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.
Any prepaid credit will not be refunded.
04. Our Responsibilities
We agree:
- to provide high performance Internet services to you;
- to be available by email for support and inquiries;
- to correct most problems within 48 hours;
- to provide a summary of any scheduled, or unscheduled downtime*;
- to respond as soon as we can to emergency support requests;
- to bill you correctly for the services you subscribe to; and
- to keep our software and systems up-to-date.
* excludes network downtime that is beyond cdm's control (third-party).
05. Your Responsibilities
You agree:
- to provide us with correct contact details, and to keep them up-to-date;
- to keep your account current, and not let invoices fall overdue;
- to keep your private access details (usernames and passwords) confidential;
- to keep back-up copies of all files you publish to our servers;
- to download your mail regularly; and
- not to store mail on our server for longer than 30 days (or it may be removed without notice).
We prohibit the publication of the following content on our servers (including pictures, links, and text):
- any material that infringes any copyright, trademark, patent, common law, or rights of others;
- any material that is libelous or slanderous;
- any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
- distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
- file archives of music, videos, images, without permission.
- IRC clients, bots, servers.
We also prohibit the use of our servers for:
- very high-trafficked websites, without permission;
- offering free email or webmail services to the public.
Spamming, or the sending of unsolicited email, from a cdmdotnet server or using an email address that is maintained on by cdmdotnet is STRICTLY prohibited in accordance with the Unsolicited Electronic Messages Act of 2007.
We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.
If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.
06. Retrieval of Access Details
If you lose your access details there are three things in the following order you can:
- request a password re-send, if available;
- email our support staff to re-send them to the address we have on record;
- send an email or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
07. Changing Your Details
If you require our support staff to update your details you must send an email or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
08. Our Liability to You
As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service 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 our control including outages of third party service providers.
09. Resale of our Services
You agree that you will not act as a reseller of any of our services, i.e. you bill your client for services you buy from us.
10. IP Addresses
For any IP Addresses attached cdmdotnet servers. cdmdotnet maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.
11. Compliance with Law
You agree to use our services in a manner consistent with all applicable New Zealand laws.