Terms & Conditions
Who we are
We’re Pō Digital! Our website address is: https://podigital.co.nz
Where the content states: “We” includes Pō Digital Limited (herein after referred to as Pō Digital) or any party acting on Pō Digital’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “Terms and Conditions” includes this agreement.
Pō Digital reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: https://Pō Digital.co.nz/terms-and-conditions
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
DOMAIN NAME REGISTRATION:
1.1 We make no representation that the domain name you wish to register or use for your online use is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 We will provide 1 free registered domain with all web hosting plans provided they are hosted by us. These are limited to a .nz, .co.nz or .com domain. If you have an existing domain and transfer it to us, we will include this in the cost of the hosting and we will manage this for you. All other additional domain names or domain derivatives not specified above (such as .co, .kiwi etc) will be charged for in addition.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
WEB SITE HOSTING AND EMAIL
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.2.1 As the web hosting provider we will provide daily backups of your sites that are directly under our control.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 You will not use the website in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so.
2.3.2 You will not post, link to or transmit:
(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Pō Digital in any way.
(b) Any material containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the commission of a criminal offense, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.4.1 We reserve the right to shift sites using excessive bandwidth to upgraded servers where traffic is not a problem. We will chat to you in regards to this if your account becomes an issue. This includes Video, Audio, File downloads available from your site.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe to increase the site health and security of your website.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
2.8.1 It is contrary to Pō Digital’s policy for Members to use our servers to effect or participate in any of the following activities:
2.81(a) To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
(b) To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
(c) To engage in any of the foregoing activities using the service of another provider, but channeling such activities through Pō Digital provided server, or using Pō Digital provided server as a mail drop for responses.
(d) To falsify user information provided to Pō Digital or to other users of the service in connection with use of Pō Digital service.
2.8.2 (a) Consequences of Violation: When Pō Digital becomes aware of an alleged violation of its Acceptable Use Policy, Pō Digital will initiate an investigation. During the investigation Pō Digital may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Pō Digital may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Pō Digital will notify the appropriate law enforcement department of such violation.
2.8.3 Pō Digital does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to Pō Digital must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
2.11 You may cancel the Services at any time by sending an email to email@example.com and requesting cancellation of services.
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to temporarily suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 30min, you will be notified of the reason. The most common reason for downtime or temporary suspension is maintenance. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network up-time guarantee.
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates available on request from Pō Digital at any time and shall be due and payable on the 20th of the month. The exception being invoices for deposits on applicable projects which are invoiced for 2 weeks from issue. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of the approved project or pre-paid service.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize Pō Digital to debit your account renewal fees from your card.
4.3 All payments must be in NZ Dollars.
4.4 All payments need to be made as cash or direct deposit into our bank account. We do not accept cheques.
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid within one calendar month of the due date, we shall be entitled forthwith to suspend the provision of Services to you. Any reinstatement of service may be liable for a fee of no more than $100 plus GST.
4.5.1 Any invoice for work we have already completed that is not paid within one calendar month will be subject at our discretion to a late payment penalty of 10%. If for whatever reason you find you are unable to pay your invoice before the due date, please contact firstname.lastname@example.org to arrange a suitable alternative payment arrangement before your invoice is due.
4.5.2 For our recurring and retainer based work, we invoice on the 1st of each month, for the work being completed during that month. Our invoices are payable 20th of the month, by which time two-thirds of the work is complete.
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you will be entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time by providing one months’ notice.
5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Pō Digital shall be the sole arbitrator as to the validity of your claim of just cause and will subtract the aforementioned fees from any monies due you.
5.7.1 You will not be entitled to a refund on these basis if you have previously had an account with Pō Digital under any plan or service.
5.7.2 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
LIMITATION OF LIABILITY
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.1 Any notice to be given by either party to the other is to be sent by email only.
9.1 If you require support and you are on one of our Pō Digital hosting support plans then in most cases your support required will be covered under your plan. If you are not on a support plan then we can provide support at $130 per hour plus GST.
9.2 Support can only be addressed in English through our Support System by emailing email@example.com.
9.3 In the event of a server outage or other such emergency, you are free to contact us in any manner.
AD HOC WORK
10.1 All AD Hoc work requested for graphic & web design and custom web development that is not a part of a fixed price project will be charged at a flat rate of $130 per hour plus GST, unless otherwise specified in a signed contract. This rate is subject to change.
10.2 Time sheets and itemized breakdowns for Ad Hoc work are provided on request. Please reach out to firstname.lastname@example.org and reference the invoice you would like a breakdown of.
10.3 Discount rates are available for Not-for-Profits and Charities. Please reach out to email@example.com for further info.
11.1 This Agreement shall be governed by and construed in accordance with New Zealand law. You hereby submit to the non-exclusive jurisdiction of the New Zealand courts.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
13.2 Any abuse towards any Pō Digital employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Pō Digital, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Pō Digital or their employees shall be considered a violation of this Terms and Conditions.
13.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Pō Digital or any of their employees, partners, equipment, and concerns shall be construed as a violation of these Terms and Conditions.
13.4 Any conduct viewed as violating this section shall be considered a violation of this Terms and Conditions. Pō Digital will be the sole arbitrator in regards to what is deemed a violation.
13.5 No refunds shall be given when the contents of this section necessitates removal of the account.
CANCELLATION OF SERVICES
14.1 You may cancel the services at any time by using our support service. All cancellations require one months’ notice and may incur a digital asset transfer assistance fee of $130 per hour if required. In addition, if required a backup fee of digital assets at $130 per hour. Once payment has been made on monies due, we will action whichever required.
15.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
15.2 Pō Digital reserves the right to amend these Terms and Conditions at any time.
15.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
If you have any questions about these terms, please reach out to firstname.lastname@example.org
These Terms and Conditions were last updated in March 2022.