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Published: 16th Oct 2006


BengeWeb Services has certain conditions the client is required to accept before BengeWeb authorises use of their services to develop or host a client website.

Topics Covered Below:

Uses Not Allowed


BengeWeb Services reserves the right to refuse to develop or host a website, if in BengeWeb's opinion the intended use of the website is for :
  • anything that is illegal in New Zealand
  • the display or distribution of pornography
  • the display or distribution of hate messages
  • the distribution of unsolicited email (spam)
  • the promotion of violence
  • the promotion of any extremist religious faction
  • the distribution of files without links to such files appearing on the publicly viewable website pages. That is, a BengeWeb site may not be used primarily as a file server.

If a website is already hosted at BengeWeb and BengeWeb determines that the website is being used for any of the above activities, BengeWeb may summarily terminate the hosting agreement.


Ownership of Website Components


A website designed or hosted by BengeWeb Services (and the methods by which it is presented) has several components. Some of these components remain in the ownership of BengeWeb, some are licensed for use from other organisations and some are owned by the client.

There are various software programs, tools and scripts used to present the client's website content that are not the property of the client. Examples of these components are:
  1. PHP (a server scripting language) , Javascript (browser scripting language), HTML (content mark-up language), MySQL (a relational database) and various other necessary pieces of software installed on the web server that the client does not own but has an implied (and legal) license to use while the website is hosted with BengeWeb.
  2. The physical web server hardware and it's operating system(s) are also not owned by the client.
  3. Various other scripts making up the set of BengeWeb pre-written modules and the modules' surrounding execution environment (also written by BengeWeb) for presentation of various parts of the client's website that BengeWeb allows the client to use as part of the monthly hosting fee.

The client owns the "content" (as uploaded via the BengeWeb website administration pages) - text, images, logos, data, published documents and all rights to manipulate, publish or withdraw that content. The client does not own the software or hardware (as described above) used to present the content.


Service Levels


The BengeWeb website hosting environment is very stable, efficient and technically advanced providing for a near 100% online availability of client websites.

Should a client's website become unavailable, BengeWeb will apply best effort to correct the issue if the issue is within the range of services or products supplied directly by and under the control of BengeWeb.

Should the problem causing a website outage be caused by a failure of a service provided by another organisation to BengeWeb, BengeWeb will make every effort to inform that service provider of the problem and help with the problem's diagnosis where possible.

Should the problem causing a website's unavailability be caused by a failure of a service provided by an organisation that does not provide contracted services to BengeWeb then BengeWeb may provide informal recommendations to the client on how to best solve or circumvent the problem.

Under no circumstances can BengeWeb be held responsible for any losses a client may incur (pecuniary or otherwise) due to the unavailability of their website hosted with BengeWeb Services.


Client Termination of Hosting Agreement


The client is required to give one month's notice to terminate the website hosting services of BengeWeb Services.


BengeWeb Termination of Hosting Agreement


BengeWeb Services may summarily terminate the hosting agreement at any time should BengeWeb determine that the client is in breach of these terms and conditions.

BengeWeb may otherwise give one month's notice to terminate a hosting agreement.


Unloading of Data From the Website


Should BengeWeb or the client terminate the hosting agreement, it is the responsibility of the client to take copies of all website content during the period the website is still hosted with BengeWeb. These copies may be taken from the public view of the website, or via the website administration pages provided to the client for maintenance of the website content.

Should it be BengeWeb that summarily terminated the hosting agreement, BengeWeb will make the website available for the copying/unloading of client data for a period of 3 weeks after the termination of the agreement. Under these circumstances the website will be made available using a domain name and address of BengeWeb's choosing. During this 3 week period, should BengeWeb determine that the website is being used for things other than the copying or unloading of data, BengeWeb may change the address that the website is available from or may make the website unavailable altogether.

The client may ask BengeWeb to unload the website's content in an electronic form more suited for transfer to another website or computer system - but this will be a chargeable service. If the client does require their website content to be unloaded in this manner, the client must present the data formatting specifications to BengeWeb, then BengeWeb will quote for the service at which point the client may accept or decline the quote.

BengeWeb will retain the data relating to a website for 60 days after the termination of a hosting agreement unless extended by mutual agreement between BengeWeb and the client.


Non-Payment of Fees


The client is responsible for paying their monthly hosting fees in a timely manner.

BengeWeb hosting fees for any calendar month are due by the 7th day of that month.

If payment is not received within 7 days of the due date, BengeWeb make take any or all of the following actions:
  • Disable the client website until payment is made
  • Add penalty interest to the overdue fees at a rate of 2% per month applied pro-rata
  • Pass the responsibility for collecting the overdue payment amount(s), including applicable penalty interest, to a professional debt collection agency. Should this happen, the client will be liable for both the overdue amount(s) and any fees incurred by the debt collection agency for recovering the overdue amount(s).
  • Terminate the hosting agreement. Terminating the hosting agreement in no way removes the client liability to pay overdue fees, applicable penalty interest or debt collection fees


Indemnity


The Client agrees that any content that exists or will exist on your website does satisfy all legal requirements in respect to licensing, copyright, trademark or other intellectual property rights of the actual owner of such content.

Should any content not satisfy such legal requirements, the client agrees to indemnify BengeWeb, BengeWeb partners, relevant suppliers, licensors and agents of BengeWeb in respect of any loss, damage, cost or expense (including reasonable enforcement costs) suffered or incurred by BengeWeb should the use of such website content be challenged by the actual owner of such content.

The client also agrees not to publish any content on their website the may cause defamation of another organisation or person.

Should the client publish such defamatory content, the client agrees to indemnify BengeWeb, BengeWeb Partners, relevant suppliers, licensors and agents of BengeWeb in respect of any loss, damage, cost or expense (including reasonable enforcement costs) suffered or incurred by BengeWeb should the target of defamation seek legal redress against BengeWeb.


Please Notify Us Of Changes To Your Contact Details


BengeWeb Services requires contact details of their client base thus enabling us to send:
  • Invoicing for products and services
  • Monthly email newsletters and other general announcements
  • Notification of changes to these terms and conditions

The client agrees to notify BengeWeb any changes to their contact details.


These Terms and Conditions May Change


The content of these Terms and Conditions may change from time to time so you should check and read these Terms and Conditions regularly.

In the event the Terms and Conditions do change, BengeWeb will advise clients by email of the extent of the change and refer clients to re-read the full set of Terms and Conditions.

By continuing to use the products or services of BengeWeb after any such amendment, clients are deemed to have agreed to the amended Terms and Conditions.



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