Web Hosting Terms and Conditions

This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further you agree to these terms and conditions.

PARTIES

The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:

"Us", "We" and "Our" means Cheeky Monkey Hosting;

"System", means the computer system, programming and communication facilities required by Cheeky Monkey Hosting for the operation of the service;

"Service", "Services", means Internet WebHosting and/or Email services provided by Cheeky Monkey Hosting to customers subscribing for the same;

"Client", "Customer(s)", and "You" and "Your" mean the party or parties who enter into this agreement with Cheeky Monkey Hosting.

TERMS

1. The Terms and Conditions set out on this page relate only to your WebHosting/Email services with Cheeky Monkey Hosting.

2. You must notify Cheeky Monkey Hosting when any of your contact details change.
   
   Without limiting the indemnity and liability provisions below, Cheeky Monkey Hosting will not be responsible in any way for any losses, damages, costs or expenses as a result of your failure to comply with this clause.

3. You must contact us by E-mail to  if you wish to cancel your WebHosting/Email services.

4. By accepting these terms and conditions you agree to abide by Cheeky Monkey Hosting's Acceptable Use Policy together with such modifications and updates to it as may be issued by Cheeky Monkey Hosting from time to time. Failure to follow such policies may result in the supply of WebHosting services being immediately suspended without notice until such time as your site again complies with the policies.

5. Cheeky Monkey Hosting reserves the right to modify, enhance or withdraw the service at any time without prior notice and alter its Policies and these Terms and Conditions at anytime and without notice. We will always endeavour to give reasonable notice of any changes wherever possible. You agree to comply with all policies and service guidelines we may issue at any time.

TERMS OF PAYMENT

6. In consideration for Cheeky Monkey Hosting providing you with the service, you agree to make payment of your relevant account charges by the due date.

7. The acceptable methods of payment for Cheeky Monkey Hosting WebHosting/Email services is annually by Direct Credit, in advance; or monthly, quarterly, bi-annually or annually by Credit Card, in advance.

8. A minimum period of 3 months will apply for any service billed.

9. Customers paying by Direct Credit will receive renewal notices issued by Email prior to the expiration of the 12-month term. Customers paying by Credit Card will automatically be debited on the expiration of the term of the customers recurrence payment pattern.

10. Provided payment of the renewal cost is made prior to expiration of the chosen term, supply of your WebHosting/Email services will roll over without disturbance.

11. If any amount which you are due to pay remains outstanding longer than 5 days from the due date we reserve the right without warning to immediately discontinue the services and in such circumstances you agree that Cheeky Monkey Hosting will not be liable for any cost, loss, expenses or damages which result from such services being discontinued.

LIMITIATION OF LIABILITY AND INDEMNITY

12. Cheeky Monkey Hosting shall not be liable for:

    1. Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you as a result of your failure in whole or in part to comply with any of these terms and conditions.

    2. Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you as a result of our failure to fulfil our commitments under this agreement in circumstances where the failure is due in whole or in part to any cause or event outside the reasonable control of Cheeky Monkey Hosting.

    3. Any or all special, indirect or consequential costs, losses, expenses and/or damages (including but not limited to loss of profits) that result from any breach or failure or any act or omission on the part of Cheeky Monkey Hosting.

    4. Any third party claims and/or third party costs, losses, expenses and/or damages whether brought against Cheeky Monkey Hosting or you and which relate to your site. Further you agree to indemnify Cheeky Monkey Hosting, it's employees, owners and directors against all such third party claims, costs, losses, expenses and/or damages, including any reasonable legal costs of and incidental to Cheeky Monkey Hosting (and/or it's employees, owners and directors) defending itself.

    5. Any amount by way of claim not otherwise excluded above, which exceeds in total an amount equal to 12 months WebHosting fees.

FORCE MAJEURE

13. Neither party to this agreement shall be responsible for failure to fulfill its commitments in this agreement if such failure is due to any circumstances outside its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet, telephone network or other network or facilities owned and/or operated by third parties or similar.

ASSIGNMENT

14. You agree that Cheeky Monkey Hosting may without notice or warning to you, sell, transfer or assign our interest in this Agreement with you, to a third party. Every reasonable endeavour will be made to notify you by email of an assignment at your last notified contact email address but we will not be liable in any way nor prevented from assigning our interest in this Agreement if we fail for any reason to provide notice to you.

SERVICE LEVELS AND GUARANTEE

15. Server Uptime is defined as the percentage of time the server is running and capable of responding via its Ethernet port, excluding any scheduled downtime whether notified or not. Server uptime shall be assessed over a minimum period of one month.
    
    Cheeky Monkey Hosting undertakes to make every reasonable effort to maintain Server uptime of 99.6%.

16. Notwithstanding the earlier limitations as to liability contained in section 12, in the event of any breach of Service levels established by this section, Cheeky Monkey Hosting's liability under this section shall be limited to a maximum of one month's fee for the affected service.

17. In all cases server uptime shall be subject to any event of Force Majeure.

18. Cheeky Monkey Hosting will not provide support for third party products, installed applications, scripting or database issues. Any changes made to ensim PowerTools or SiteBuilder software after installation will not be supported by Cheeky Monkey Hosting. Cheeky Monkey Hosting is unable to undertake any customisation of these programmes.

APPLICABLE LAW

19. The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.

20. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

21. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

CANCELLATION

Either party may terminate the agreement at any time without cause. No refunds for early cancellation will be made. Any cancellation shall be subject to the provisions of clause 12 as to the exemption from liability that Cheeky Monkey Hosting has in such circumstances. Any cancellation shall be notified to you by email at your last notified email address.

Cheeky Monkey Hosting reserves the right to cease to provide the services immediately without liability and to terminate the agreement if you should go into liquidation or bankruptcy or if you fail to comply with any obligation in accordance with these Terms and Conditions or any policy or service guideline whether or not we have provided or attempted to provide any notice of your failure to comply.

This agreement shall become effective on the date of your order form been submitted to us for the said service.

You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.