ACCEPTANCE OF TERMS
These terms and conditions govern all supply of goods and services by Rocketspark Ltd (“Rocketspark”, “we, ”us”) to you, the user of those goods and services, including your use of the website at www.rocketspark.co.nz (“the website”). They are effective from 05 May 2010 and will replace all earlier Rocketspark terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
By accessing the website www.rocketspark.co.nz or by registering to undertake a 30 day free trial or by purchasing or using any of our products or services you agree to our terms and conditions. We may change our terms and conditions from time to time and any changes to these terms can be viewed on this website.
You must be 18 years old or older to subscribe to our products and services.
Rocketspark: 63 Byron Street, Cambridge, New Zealand The name "Rocketspark" will appear on cardholder statements for any transactions through this website. Rocketspark is a New Zealand business.
30 DAY FREE TRIAL TERMS
You will have free access to Rocketspark services for a period of 30 days from the day you first use the 30 day free trial function on the website, after which you may convert to a paid service. The other terms and conditions below will apply except that we will not require payment during the 30 day free trial period. If you have not advised that you wish to proceed with our service after your free 30 day trial period is finished, your trial account will be deactivated.
You cannot use the 30 day free trial more than once.
During the 30 day free trial period you will be provided with a temporary website address which includes your requested shortname joined with .rocketspark.co.nz, for example mybusiness.rocketspark.co.nz. Your website will not receive your requested domain name until you become a paid subscriber to the full service.
We will advise you of the trial ending by email 7 days before the end of your trial period and ask you to pay if you wish to continue using our services. If you do not pay by the requested date, you will not have any further access to the website and data from your website.
When your trial expires you will no longer be able to access your trial website, and the trial website.
Where you do not pay for a subscription after your 30 day trial period ends we will store your website and data for a maximum of two months before deleting that data. If you wish to commence a paid subscription during the two months after your 30 day trial has ended you should email us at firstname.lastname@example.org. If you have not contacted us after two months, you may have to start your website from the beginning.
DOMAIN NAMES AND IP ADDRESSES
Rocketspark registers one domain name on an annual basis on your behalf and spreads the cost to you over the whole year. You retain ownership of your domain at all times.
The domain name you request cannot be reserved for you during the 30 day trial and will not be registered for you until you become a paying customer. You can have more than one domain name if required for an additional cost of $35+GST per year. When you become a full subscriber we will attempt to register your domain name for you but we do not guarantee that your web address will be available until we provide a confirmation of web address registration to you by email.
While you continue to use us as your web host, we will maintain your Domain Name registration on your behalf. If you do not pay any sum due to us when due, or if you cease to use us as your webhost, we will cease to maintain your Domain Name registration.
Customers who become paying subscribers with their own domain name also agree to the terms and conditions relating to domain registration in these terms and conditions.
Rocketspark maintains control and relevant ownership of any IP numbers and addresses that may be assigned to you. We reserve the right to change or remove any IP numbers and addresses. An IP address is a technical term for a number that identifies devices participating in a computer network and changes to IP addresses do not affect what customers see of your website.
SERVICES AND SERVICE LEVELS
Rocketspark uses security practices to keep your data safe from hackers but unfortunately cannot guarantee that its service will be free from external attacks such as hackers and viruses as even government organisations have not been able to keep out hackers. We cannot also guarantee that the service will be free from error or delay or always available to you.
You are responsible for ensuring that your system is secure against attacks by viruses and similar disruptive codes, and that you keep a back up copy of all content that has been loaded onto your website. Rocketspark backs up all database data (website settings and content) and all uploaded files every 24 hours. Each back up is stored for one week. We will not be responsible for any loss, damages or costs incurred through your failure to back up data or to secure your computer system.
Rocketspark will provide two email addresses as part of your standard Rocketspark subscription. Additional email addresses will be charged for as per our pricing schedule.
Links and information within Rocketspark Support regarding third party products, such as mail clients, are for informational purposes only and are not supported by Rocketspark.
Your email can be accessed via a web based interface or via your existing mail program such as Outlook or Mail. Rocketspark will provide support to ensure that your webmail is working correctly. However, additional support to integrate your email account with email programs such as Outlook, Outlook express or Mail may be charged for. Where we have developed instruction guides for email integration, we will provide those instruction guides to you. However, we cannot guarantee that you will be able to make your email integrate just by using those guides.
We will provide tools and guidance to enhance your search engine position but we cannot guarantee your position as there are factors that affect your search ranking that are beyond our control. For example, the number of relevant links you have to your site from external sites significantly affects your search ranking.
PRICES, PAYMENT AND GST
Except where stated otherwise, all prices are in New Zealand dollars and are exclusive of New Zealand Goods and Services Tax (“GST”).
Customers situated outside New Zealand must pay by credit card, unless otherwise agreed in writing by Rocketspark.
Payment must be made in accordance with the payment option that you select when commencing your Rocketspark service. If you select a monthly payment option for your subscription you must make payment monthly and your payment must be made on or before the same day of the month as your first payment. An annual subscription will be renewed on the anniversary date of your first payment. We reserve the right to change the day of the month when your payment falls due at a future time by email notice to you.
Any price changes will be notified by email and posted on our website with 2 months notice of the pending change.
Failure to pay (including reversal of credit card or other payments) may result in your site being disabled until payment is made, and we may decline to supply any further products or services until payment is made. At our discretion if you do not pay we may cancel your subscription and we may not carry out work maintaining your registration of your domain name. Where any amount that you owe to us remains unpaid, we may notify you when action is required to maintain your domain name but we will not be liable to you if we do not notify you. If we are going to cancel your subscription and/or the registration of your domain name as a result of your not paying our charges, we will not give you any notice before we initiate action to cancel your account and/or domain name.
Your invoice will be emailed to you at the email address you supply when you register for Rocketspark. You are responsible for ensuring that your contact details are up to date in your Company/ Personal Information in your Account Settings.
Any custom design work undertaken for you will be quoted and invoiced separately from your monthly subscription.
You are responsible for paying GST and all other taxes. Customers outside of New Zealand may not be liable to pay New Zealand GST. However, you may be liable to pay taxes in the country where you are located. This is entirely your responsibility.
You will not be considered to have made any payment until that payment has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we will charge you an administration fee.
If you have not paid in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until the account is paid in full.
BAD OR OBJECTIONABLE CONTENT AND BAD BEHAVIOUR
We do not allow illegal content or content of an objectionable nature to be displayed on any Rocketspark hosted websites nor can the Rocketspark websites contain links to any sites of yours or any third party with illegal or objectionable content (including content which breaches any person’s intellectual property rights or content that is defamatory).
In using any of our products or services to create or host a website, you warrant to us that you have all rights (including all intellectual property rights) needed to use all of the content that you include on your website. You must ensure that the content of your website does not contain viruses or any other disruptive code, and that nothing on your website will harm any network or system of ours or of any other person.
You indemnify us against any loss, cost or claim arising from your misuse or infringement of the intellectual property of any person, and against any loss, cost or claim arising from harm that your website content causes to any network or system of any other person or from any act or omission by you in respect of the contents of your website.
You may use our Products and Services for lawful purposes only and you must not use the Products or Services yourself, or allow anyone that has access to or uses your Services or Equipment to use them:
a) for fraudulent or destructive purposes, including unauthorised or attempted unauthorised access, alteration, spamming, defamatory conduct, abuse or destruction of information; or
b) in any manner that causes interference with the use of our websites, products and services.
You are responsible for anyone who accesses or uses the Products or Services and you must ensure that anyone you are responsible for also meets your obligations and responsibilities under these Terms and Conditions.
We will take reasonable precautions to preserve security although we will not be responsible for ensuring that the Services will not or cannot be misused by you or any third party.
Any Rocketspark hosted websites containing content that we believe is illegal or objectionable will be disabled immediately and at our entire discretion until the content is removed or the website is cancelled.
If your website is disabled due to any breach of any part of this agreement or because we are required by law to disable your website, you will not receive a refund for the period that the site is disabled and Rocketspark will not be liable to you in any way for any reason.
You are solely responsible for all of the content on your site. Rocketspark may in its entire discretion choose to terminate any customer website, or to take down any customer website temporarily or permanently for any reason, or for no reason at all. Where Rocketspark terminates your website as a result of a breach of these terms and conditions or because your website includes illegal content, you will not receive a refund from Rocketspark.
Rocketspark may be required to cooperate with law enforcement authorities investigating any website.
Rocketspark’s service will continue to evolve and with your agreement we will contact you with information about enhancements to Rocketspark and special offers. If at a later date you no longer wish to receive communications from us about feature enhancements, new services and special offers you will be able to opt out of receiving this information by contacting us by email.
Opting out of receiving the above mentioned messages will not prevent the sending of important system generated messages that specifically relate to the configuration of your Rocketspark service such as password reminders and invoices.
We won’t give your personal information to anyone outside of Rocketspark unless we are legally ordered to do so by the relevant authorities or a Court. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your use of our services.
You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some Rocketspark websites. If you choose not to enable cookies from Rocketspark websites, some functionality of those websites may not be available to you.
We may disclose your personal information as required by law.
You can request details of your personal information that we hold, and ask us to correct it, at any time. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law.
We will not be liable to you for any losses caused by events beyond our reasonable control.
Rocketspark shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service.
WEBSITE DATA SIZE AND FAIR USAGE TRAFFIC LIMITS
Your standard Rocketspark subscription includes a generous 100MegaBytes (MB) limit for the total capacity of your website including email. In the unlikely event that your website exceeds these limits we will notify you when the limit is exceeded so that you can bring your site within the 100MB limit. If you need your website to exceed the 100MB on an ongoing basis we will provide a customized rate card to you at fair market rates.
Traffic through your Rocketspark website is governed by our fair usage policy. This fair usage policy is referenced against average customer usage for Rocketspark websites and estimated customer use of this service based on historic usage of our customers. If your Rocketspark website significantly exceeds these patterns and estimated use patterns over any month, then your use will be deemed excessive and/or unreasonable and we may send you a notice asking that you alter your usage to come within the range of fair usage and explaining that we may impose charges if usage is not reduced. If excessive use continues to occur after we have advised you of your excessive usage we may apply, without notice, charges for excessive usage or we may suspend or restrict your service without being liable to you in any way.
We do not want to stifle your business growth and therefore if your website is exceeding average traffic limits through the normal course of business we will provide a rate card for traffic that exceeds fair usage.
Rocketspark will always endeavour to have complete and accurate information on our website but we assume no responsibility for the completeness and current accuracy of the information provided on our website.
Rocketspark is not liable for expenses or loss of income related to the use of Rocketspark’s service by you or a third party. Rocketspark will always endeavour to ensure that its service is fully functional but cannot be liable for any outages or user errors.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
You agree that all intellectual property that forms part of the website, our products or any of our services including software, processes, support material and trademarks remain the property of Rocketspark or its suppliers and must not be copied or modified. This includes any copies of or improvements, developments, modifications or changes to them, or to any patents, copyrights, trade marks, internet protocol or other electronic addresses, numbers or codes allocated to you. You may not sell, license or provide any of these to anyone else without our written permission.
Except as expressly provided for in these terms and conditions or otherwise agreed in writing by Rocketspark, Rocketspark does not give you any right or licence to use any intellectual property of Rocketspark or its suppliers. You must not copy, reverse engineer or decompile any of our intellectual property or interfere or tamper with any of our products, websites or systems. You must not cause or permit anything to be done which may interfere with, damage or endanger the systems, websites, trade marks or other intellectual property rights of Rocketspark or its suppliers, or assist or allow others to do so.
Any suggestions you provide for improvement of our service will become part of Rocketspark’s intellectual property for the purpose of enhancing our service.
You agree that you are not using Rocketspark’s free trial or paid for service for the purpose of evaluating or copying our intellectual property or the intellectual property of our suppliers.
You may not use Rocketspark’s trademarks unless permission is provided in writing by Rocketspark.
SUSPENSION OR TERMINATION
Rocketspark may suspend or terminate this agreement if you are acting in breach of this agreement or you or third parties via your website are doing anything that jeopardizes our service.
Upon termination of this agreement Rocketspark may delete all data relating to your past use of our service. Where possible we will give 14 days notice of the termination of your account, except where our termination is based on the content of your website being illegal or objectionable.
You may cancel your Rocketspark service at any time by giving us at least 30 days notice of your intention to cancel. If you are paying by monthly subscription your final payment will be based on the number of months or part months after the day of the month when you subscribed. (E.g. if you first subscribe on the 12th of a month, and you cancel on the 15th of a month, you must pay a full month’s subscription up to the 12th of the following month. If you are paying on an annual basis you will not be refunded for any unused months in your annual subscription.
Rocketspark registers your domain name on an annual basis on your behalf and spreads the cost to you over the whole year. You retain ownership of your domain name at all times. If you cancel Rocketspark you must pay a cancellation fee of $35 to compensate us for the domain name registration cost and associated administration costs.
If you commit a breach of this agreement, Rocketspark may terminate this agreement immediately. Rocketspark may also cancel its provision of products or services to you for any reason by giving 3 months notice to you.
Where this agreement is cancelled or terminated for any reason, you must notify us by email if you wish to retain your domain name registration. Where you decide to cancel this agreement, you are responsible for extracting your data from your website.
MORE THAN ONE PERSON
You are responsible for everybody whom you permit to use a Rocketspark website, or to act for you to register or add content to a website hosted or supported by Rocketspark. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you.
APPLICABLE LAW AND JURISDICTION
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled.
Use of the Website www.rocketspark.co.nz, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject only to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information regarding a Rocketspark registration and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
You agree to use our Rocketspark website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
We reserve the right to change these terms and conditions from time to time by notice to you in writing.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it. We may deliver notices to you by sending them to an email address that you have notified to us.
The following terms only relate to customers who become paying subscribers with their own domain name registration.
DOMAIN NAME REGISTRATION TERMS AND CONDITIONS
Customers who become paying subscribers with their own domain name agree to these terms and conditions and all other terms and conditions applicable to that domain name. You acknowledge that our obligations as part of the system for domain name registration may change over time, and you agree that we have the right to vary these terms and conditions where our obligations are varied.
You agree that you will:
- comply with all applicable domain name policies. You agree that you have read and understood the current policies. Please refer to the relevant policy for the domain name extension (for example .co.nz or .com) that you are registering in the domain name policies menu;
- make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and you warrant that you have the authority to enter into this agreement;
- keep any security information that we give to you confidential, safe and secure;
- satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and that you indemnify us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- protect and that you indemnify us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you; and
- make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
Registration of a Domain Name
When a domain name is registered to you, or in your name as directed by you, then you agree:
- that the following information becomes available to any member of the public: your name, your contact details, the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name. This disclosure is a requirement of domain name registration regulations and is not a requirement developed by Rocketspark;
- the domain name is registered in your name only because no other person has it according to the records of the register;
- neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
- that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
Register is the Record
For all purposes the details shown in the domain name register shall be treated as correct and the authoritative record.