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:
- 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.
- The physical web server
hardware and it's operating system(s) are also not owned by the
client.
- 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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