1.0 Definitions and Interpretation
Definitions
1.1 “JetHost PRO”, “JHP”, “we” and “us” means JetHost PRO.
1.2 “Server” means JetHost PRO ’s servers.
1.3 “Services” means, without limitation, JetHost PRO ’s web hosting, domains, email and SSL certificates services.
1.4 “Terms” means these terms and conditions.
1.5 “User” and “you” means a user of the Websites or a customer of JetHost PRO .
1.6 “Websites” means www.jethostpro.com, and any other websites owned and controlled by JetHost PRO .
1.7 “Your Content” means any content that the User creates or supplies from time to time in relation to the Services.
Interpretation
1.8 Unless otherwise stated or unless the context requires otherwise:
(a) Headings are for convenience only and do not affect interpretation.
(b) The singular includes the plural and vice versa.
(c) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(d) A reference to a person includes any natural person, body corporate, unincorporated body, or other entity.
(e) A reference to any party to this Agreement or any other agreement or document includes the party’s successors and permitted assigns.
(f) A reference to any legislation or to any provision of any legislation includes any amending legislation, any modification or re-enactment, any legislative provision passed in substitution, and all regulations and statutory instruments issued under it.
2.0 Terms
2.1 By accessing the Websites, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in these Websites are protected by applicable copyright and trade mark law.
3.0 Web Hosting and Email
3.1 Web hosting provided by JetHost PRO typically covers:
(a) Disk space on one of our servers;
(b) DNS for your domain name(s);
(c) Local and international bandwidth;
(d) Email; and
(e) Backups as reasonably required.
3.2 The following are not included in JetHost PRO’s web hosting and email services:
(a) Around-the-clock monitoring of the Server; or
(b) On demand support for the Customer’s website application (such as web design, development, maintenance, CMS upgrades/updates and email setup).
3.3 We make no representation and give no warranty as to the accuracy or quality of service or information received by any person via our Servers. Similarly, we accept no liability for any loss or damage to any data stored on our Servers.
3.4 It is your responsibility to maintain adequate insurance coverage in respect of any loss or damage to data stored on our Servers.
4.0 Hosting Data
4.1 JetHost PRO takes no responsibility for any content hosted in the User account. This includes operation of the website, Content Management System updates, malicious acts (or hacking), User authorised third party access, or email.
5.0 Use Licences
5.1 JetHost PRO may grant the User permission to temporarily download one copy of the materials on its Websites for personal, non-commercial transitory viewing only.
5.2 Where JetHost PRO makes such a grant, the grant is of a licence. Under this licence you may not:
(a) Modify or copy the materials;
(b) Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) Attempt to decompile or reverse engineer any software contained on the Websites;
(d) Remove any copyright or other proprietary notations from the materials; or
(e) Transfer the materials to another person or “mirror” the materials on any other server.
5.3 This licence shall automatically terminate if you breach any of these restrictions and may be terminated by JetHost PRO at any time. Upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format, including any back-up copies.
6.0 Service Availability
6.1 JetHost PRO shall use its reasonable endeavours to make available to you the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
6.2 We shall have the right to suspend the Services at any time and for any reason, without notice. If such a suspension lasts or is expected to last for more than seven (7) days we will use reasonable endeavours to notify you of the reason for the suspension.
6.3 We can provide a copy of your website within seven (7) days of your written request. You will be charged a reasonable fee for this service.
6.4 We typically backup all website data that is on our Server and hold it for thirty (30) days. This backup cannot be guaranteed due to technical issues beyond our reasonable control that may arise from time to time. You will be charged a reasonable fee for any recoveries from our backup. We are not responsible for any data loss.
6.5 It is your responsibility to take care of backup for sites under your control. We do not offer any compensation on our network uptime guarantee (if applicable).
7.0 Copies of Account Data
7.1 We can provide a copy of the User’s website within seven (7) days of your written request. You will be charged a reasonable fee for this service.
7.2 We typically backup all User data that is on our servers and hold it for thirty (30) days. This backup cannot be guaranteed due to technical issues beyond our reasonable control that may arise from time to time. You will be charged a reasonable fee for any recoveries from our backup. We are not responsible for any data loss.
8.0 Change Request Communication
8.1 For security purposes, any request for information from a User account or request for action relating to a User account must come directly from the User and not from a third party. JetHost PRO will not respond to any direct requests from third parties.
9.0 Technology
9.1 Any website created by JetHost PRO will only support technologies for browsers and computer settings that are current at the time of development. We accept no responsibility if technology changes and/or a product or service is no longer available.
9.2 The User will be liable for the costs involved in upgrading its site to be compliant with the latest version of browser, computer settings or technology. These costs include patching or updating the Content Management Systems (CMS) to limit exploits or “hacking” opportunities.
10.0 Payment
10.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on the Websites and shall be due and payable in advance of our Services. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
10.2 Users are responsible for checking that they are up to date with all payments. We cannot be held responsible for invoices not received or not acted upon.
10.3 Payment is due 30 days following invoice date. If you choose to pay by credit or debit card you authorise JetHost PRO to debit your account renewal fees from your card.
10.4 All payments must be in the currency of your account with us.
10.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled immediately to suspend the provision of Services to you.
10.6 JetHost PRO reserves the right to delete any User data stored on the Server where a User’s account is more than one (1) month overdue. If we exercise this right there will be no copies of data available to the User.
10.7 Domains will not be renewed until payment has been received.
11,12,13 removed.
14.0 Termination, Suspension and Cancellation
14.1 Either party may terminate this agreement with 30 days’ written notice.
14.2 You will be liable for any outstanding monies at the time of termination.
14.3 JetHost PRO may terminate this agreement on notice if you are in breach of our acceptable use policy.
15.0 Disclaimer
15.1 The materials on the Websites are provided “as is”. JetHost PRO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Websites or otherwise relating to such materials.
16.0 Indemnity
16.1 You indemnify JetHost PRO against all claims, including but not limited to legal costs, which JetHost PRO may sustain or incur by reason of any breach by you of any of your obligations under these Terms.
17.0 Limitation of Liability
17.1 To the maximum extent permitted by law, JetHost PRO disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; and
17.2 In no event shall JetHost PRO be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect, consequential or economic loss (including, without limitation, malicious acts and hacking).
17.3 JetHost PRO accepts no liability for any damage or loss suffered to you or any third party for its domain services.
17.4 Our total liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of hosting services shall be limited to the total price paid by you in respect of any hosting services under these Terms.
18.0 Your Responsibilities
18.1 You are solely responsible for the development, content, operation, maintenance, and use of your content. For example, but without limitation, you are solely responsible for:
(a) The technical operation of Your Content, including ensuring that calls you make to any Services are compatible with then-current APIs for those Services;
(b) Your Content’s compliance with our Acceptable Use Policy, and all applicable law; and
(c) Any claims relating to Your Content.
19 Non-Assignment
19.1 The obligations and benefits of these Terms and the Services may not be assigned or transferred by you to any other party. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; User programs may be run only during log-in sessions.
If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and these Terms immediately.
20.0 Governing Law
20.1 These Terms are governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
21.0 Updates To These Terms and Conditions
21.1 We may update these terms and conditions from time to time. Your continued use of any of our services indicates and constitutes your acceptance of the changes, and these terms and conditions in full. If at any time you do not agree, you are required to immediately arrange for alternative services elsewhere. We will assist you in moving your facilities where we can.