Terms and Conditions

Definitions:

Client: (You) the purchaser of products and services provided by Vine Interactive Ltd trading as Host Vine.

Host Vine: Vine Interactive Ltd trading as Host Vine.

Account, Service Provision

The Client’s account and services will be set-up once payment has been received. In some cases set-up may be delayed due to fraud-detection intervention being required.

It is the Client’s responsibility to ensure that the information entered is correct and kept up to date, incorrect information may result in the account being suspended or delayed in setup.

Providing false or misleading information may result in being considered fraudulent in nature and be denied.

Content

The Client is responsible for any data/information they upload or store on servers or via systems.

All services provided by Host Vine may only be used for lawful purposes and the Client agrees to abide by all legal obligations both in New Zealand and Internationally.

The Client agrees to not use Host Vine’s services for any of the following,

  • Illegal activity, (including linking)

  • Pornographic material, (including linking)

  • File sharing, (including linking, ftp, torrents)

  • Infringe on copyright or trademark

  • Lottery or gambling

  • Internet abuse (see Abuse below)

  • Terrorist activity

Host Vine reserves the right to refuse service, if material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. At the desecration of Host Vine, amnesty may be given if the Client have a valid reason that the content violation was accidental and has since corrected the breach.

Pricing, Plan and Pricing Changes

All prices exclude GST.

All prices are in New Zealand Dollars (NZD)

Host Vine reserves the right to make changes to plans and services, which may include resource allocation or price changes. In most cases changes take effect from the renewal date.

Share hosting: Changes take effect to existing plans after a period of 30 days or the renewal date, whichever is the latter.

Delivery

In most cases delivery will occur on purchase, with exception to,

  • The service requires configuration prior to provisioning

  • The service order has triggered a fraud protection alert.

When a service is not delivered on purchase, it will be provisioned when the factors preventing provision have been addressed

Cancellations and Refunds

Domain names, are non-refundable once the domain name has been reserved. Reservation occurs on checkout when payment has been made by credit-card.

Shared Hosting, fully refundable if cancellation occurs within the first 30 days of initial service. After this initial period the service may be cancelled anytime prior to the renewal date. Early cancellations may result in a part refund of the unused service period and will be refunded less a $65+GST processing fee.

SSL Certificates, are non-refundable once the SSL has been generated/procured (this step occurs prior to installation of the ssl certificate).

Software installation, Web site transfers, are non-refundable when the service was completed successfully. Are refundable when it is not possible to complete the installation/transfer.

Disk space and bandwidth overage charges, are not refundable as the service has already occurred or has been provisioned for future service.

If payment has occurred via credit-card, then the amount will be refunded to the purchasing credit-card. In all other cases the refund will be credited to the hosting account.

Breach of the Terms and Conditions will waive the refund policy.

Money back guarantee

Is valid on hosting products, and a claim must be made within the first 30 days of the Client joining Host Vine. This is a one time offer and does not apply to subsequant purchases. This guarantee is void in the case of abuse (see below). This offer does not extend to domain names, SSL certificates and other simular services which have been purchased from an outside agency, and are non-refundable due to their nature, they are however generally transferable to another host.

Domains bundle offers: Where a domain is bundled as part an offer, a refund will be given for the hosting portion. The client acknowledges that domain cost is the discount of the hosting applied, irregardless if the domain is offered as "free".

Abuse

Host Vine takes abuse seriously, any activity that is perceived as abusive may be denied access or disabled from our services immediately without warning or notification.

The Client agrees to not engage in any of the following,

  • Denial of Service Attacks (DOS attacks)

  • SPAM, excessive sending of mail electronically. (Should you wish to send large amounts of email, please contact us first).

  • Cyber-bullying

  • Attempting to or succeeding in hacking, hijacking or exploiting Host Vine’s services/ servers or a third parties services/ servers.

  • Using more than 25% or more of system resources for longer then 90 seconds. Or to use excessive system resources to the detriment of other users.

Abuse detection is both automated and manual. If you have been blocked please contact Host Vine and we will investigate further. At the desecration of Host Vine, amnesty may be given if the Client have a valid reason that the triggering of abuse detection was accidental and has since corrected the breach.

Abuse is treated as breach of Terms and Conditions.

Service Levels / Uptime

If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server over the period of 365 days (excluding server pre-live time), which may differ from the uptime reported by other individual services.

Approval of the credit is at the discretion of Vine Interactive Limited dependent upon justification provided. To request a credit, please contact Host Vine with justification.

Backups and Data Loss

The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Host Vine servers. The Client agrees to not hold Host Vine liable for data loss.

Host Vine takes regular backs for the purpose of recovery and internal systems integrity. This service is provided as a courtesy and Host Vine makes no guarantees to be able to restore lost data.

Indemnity

You agree to indemnify Host Vine  against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.  

Legal Compliance

Host Vine may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Force majeure

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.

Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

Relationship of parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

Jurisdiction

This Contract shall be interpreted according to the Laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the New Zealand courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Collection of Overdue Invoices

If payment has not been received within 3 months of the invoice being issued, all work in progress will be invoiced and all unpaid invoices may be passed on to a debt collection agency, which may affect your credit rating.

The Client agrees to pay all costs associated with collection of the outstanding Account.

Change to and Revisions of 'Terms and Conditions'

Host Vine reserves the right to modify this agreement should it become apparent that

  • grammatical corrections are required

  • rewording is require to make the document clearer and easier to understand

  • corrections are required to prevent this document breaching law

  • is required to do so by law

Host Vine reserves the right to change, update, expand or alter Terms and Conditions at anytime without notice.