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The Small Print | Development
By using cdmdotnet development services you are agreeing to the following terms and conditions.

cdmdotnet Ltd will endeavour to operate in a fair and reasonable manner at all times and it is part of cdmdotnet Ltd's ethos to ensure cdmdotnet Ltd maintains a great relationship with their clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties. By undertaking a Web site design or development project with cdmdotnet Ltd the client is agreeing to the following terms and conditions.

01. 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 or implied.

02. Project Process
cdmdotnet Ltd cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.

If cdm has produced a proposal document for the project then cdm will endeavour to work within the time frames scheduled, provided the client supplies cdm with:
  • Data, information, logos, designs, graphic and related materials to be incorporated into the Web solution by the scheduled data collection delivery date.
  • Payment the 50% deposit prior to the design call.
  • Where applicable comply with all the terms of the Web hosting agreement.
During the Web site Development Cycle cdmdotnet Ltd may at intervals place versions of the client's Web site on one of cdmdotnet Ltd's demonstration servers in order that the client may view and comment upon the Web site's progress, and approve design concepts and prototypes. When both cdmdotnet Ltd and the client agree that the Web site meets the criteria agreed during the projecting process, cdmdotnet Ltd will invoice the client for the remainder of the amount due for the project.

03. Acceptance Testing
The client will conduct the acceptance tests on the deliverables as soon as possible after installation to ensure that they perform in accordance with the proposal. If a deliverable does not pass the acceptance test, cdmdotnet Ltd will correct the failure. The client will then repeat the acceptance test. Such processes shall continue until the relevant deliverable passes the acceptance test.

04. Copyright
All material, both text and images supplied by the client and used in the construction of the client's Web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

The copyright for all material provided by cdmdotnet Ltd, such as HTML code, graphics, photographs and text, will remain the property of cdmdotnet Ltd until such time as payment has been made in full whereupon they will become the property of the client.

All software code provided as a part of the Web site will remain at all times the property of cdmdotnet Ltd. The client will be granted a single use, single site, source code license to the software code. The client may not sell or redistribute the software code. The client may not use the software code in more than one installation. The client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending upon the system.

The parties acknowledge that cdmdotnet Ltd may accept jobs from other clients to develop Web solutions with the same or similar functionality to the Web solution, and that cdmdotnet Ltd may replicate and exploit all techniques, structures, designs and individual modules of program code used in the creation of the Web solution.

05. GST
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.

06. Terms of Payment
An invoice for 50% of the price for the project will be provided on acceptance of the proposal. This invoice must be paid before the project can commence, unless otherwise agreed upon by both parties.

Once the project is completed and approved by the client the final 50% will be invoiced. Payment for this invoice shall be made within 7 days of the date of issue of the invoice unless otherwise arranged, unless otherwise agreed upon by both parties.

If the client is responsible for withholding information for completion, the Web site is then deemed payable in full after 30 days from initial start date.

If a payment is returned by the bank as unredeemable, the client will be deemed to be in default, and will be liable for a "returned payment" charge of $25.00. Non-electronic payments may incur a $5 handling fee.

Accounts are in default if payment is not cleared by the due date on the invoice. 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 cdmdotnet Ltd is required to hand the clients account over to a debt collection agency for collection the client will be liable for any collection costs incurred.

07. Maintenance
cdmdotnet Ltd provides maintenance services for its clients; however any maintenance or updates are outside the scope of the design project. When updates are required cdmdotnet Ltd will provide time and materials based quotes for this work.

08. Validity of the Agreement
Either party may terminate the agreement on 7 working days' written notice to the other party.

cdmdotnet Ltd reserves the right to cease immediately without liability to provide the service and to terminate this agreement if the client should go into liquidation or bankruptcy, or if the client fails to meet any obligation in accordance with this agreement.

If at any point during the Web site Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that cdmdotnet Ltd judges to be proportional to the amount of work completed on the project. If the amount of work completed is judged by either party to be less than half the project, no invoice will be issued for the remaining balance, however the 50% deposit shall not be refundable.

09. Assignment and Delegation
cdmdotnet Ltd may assign or transfer their rights and responsibilities under this contract to another party.

cdmdotnet Ltd may also subcontract the performance of any of their responsibilities under this contract to another party.

This client may not assign or transfer any of their rights or responsibilities under this contract to anyone else without cdmdotnet Ltd's prior written consent.

10. Liabilities
The client agrees that cdmdotnet Ltd will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though cdmdotnet Ltd may have been notified of such damage or claims.

cdmdotnet Ltd shall not be liable to the client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond cdmdotnet Ltd's control.

The client agrees to defend, indemnify and hold cdmdotnet Ltd harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by cdmdotnet Ltd to the client under this agreement, including without limitation claims made by third parties (including the clients customers) related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, 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 cdmdotnet Ltd.

If, despite the other provisions of this agreement, cdmdotnet Ltd is found to be liable to the client then its liability for any single event or series of related events is limited to the Fees.

Due to the public nature of the Internet, all material submitted by the client for publication will be considered publicly accessible. cdmdotnet Ltd does not screen in advance customer material submitted to cdmdotnet Ltd for publication. cdmdotnet Ltd's publication of material submitted by customers does not create any express or implied approval by cdmdotnet Ltd of such material, nor does it indicate that such material complies with the terms of this agreement.

11. Applicable law
The Consumer Guarantees Act 1993 may apply to any services cdmdotnet Ltd provides to the client if the client acquires these services for personal, domestic or household use. If this act applies, all rights the client may have under it apply in addition to the rights the client may have in this agreement. Nothing in this agreement will limit or exclude the clients rights under this act.

Where the client acquire or hold itself out as acquiring cdmdotnet Ltd's services for the purpose of a business, then the client agrees that the provisions of the Consumers Guarantee Act 1993 will not apply to cdmdotnet Ltd's service or the provision of any other services to the client.

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

12. Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.

The Small Print | Hosting
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:
  1. to provide high performance Internet services to you;
  2. to be available by email for support and inquiries;
  3. to correct most problems within 48 hours;
  4. to provide a summary of any scheduled, or unscheduled downtime*;
  5. to respond as soon as we can to emergency support requests;
  6. to bill you correctly for the services you subscribe to; and
  7. 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:
  1. to provide us with correct contact details, and to keep them up-to-date;
  2. to keep your account current, and not let invoices fall overdue;
  3. to keep your private access details (usernames and passwords) confidential;
  4. to keep back-up copies of all files you publish to our servers;
  5. to download your mail regularly; and
  6. 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):
  1. any material that infringes any copyright, trademark, patent, common law, or rights of others;
  2. any material that is libelous 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.
  5. file archives of music, videos, images, without permission.
  6. IRC clients, bots, servers.
We also prohibit the use of our servers for:
  1. very high-trafficked websites, without permission;
  2. 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:
  1. request a password re-send, if available;
  2. email our support staff to re-send them to the address we have on record;
  3. 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.