Terms and Conditions for SSL Certificates

BACKGROUND

The Customer has requested Cheeky Monkey Hosting to act as its Agent in securing a Comodo SSL Digital certificate and Cheeky Monkey Hosting has agreed to assist on the terms and conditions set out in this Agreement.

OPERATIVE CLAUSES

1. DEFINITIONS

1.1. For the purposes of this Agreement the following words have the following meanings:

"Comodo" means Comodo Limited

"Customer" "You" and "Your" means the Customer requesting assistance from Cheeky Monkey Hosting to secure a Comodo InstantSSL Digital certificate.

"Policies" means all policies from time to time adopted and followed by Cheeky Monkey Hosting and posted on its official website.

"Services" means the provision of assistance by Cheeky Monkey Hosting to secure a Comodo InstantSSL Digital certificate.

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

2. CHEEKY MONKEY HOSTING'S OBLIGATIONS

We agree that upon you complying fully with your obligations under this Agreement (including without limitation making payment of all fees in full) we will:

2.1. Comply with your lawful directions in a diligent and timely manner PROVIDED HOWEVER our accepting your instructions does not provide any guarantee that a Comodo SSL Digital certificate will be available or able to be secured for you.

2.2. Using information supplied by you promptly apply for a Comodo SSL Digital certificate and inform you as to the outcome of such application in due course.

2.3. Accept on your behalf the terms and conditions imposed by Comodo in making application for a SSL Digital certificate.

2.4. Comply with any order or instruction issued by Comodo in relation to the certificate requested or issued to you.

3. THE APPLICANT'S OBLIGATIONS

You agree that you will:

3.1. Comply with all policies and terms and conditions imposed by Comodo InstantSSL from time to time. You further agree that you have read and understood the current Comodo policies and terms and conditions found at the Comodo website.

3.2. Make sure all information you give us is accurate and complete and make sure you inform us of any changes to the information in a timely manner. We will not be liable to you for anything in any way should you not keep your contact or other details accurate or up-to-date.

3.3. Keep all information and notifications which we provide to you, confidential, secure and safe.

3.4. Ensure that you only use our services for a lawful purpose and in such a way as not to infringe upon the intellectual property rights of any other person or party.

3.5. Protect and fully indemnify us and everybody we have a business relationship with against any legal action and associated costs, claims, damages and expenses, taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with on information supplied by you.

3.6. You are responsible for everyone using the Comodo SSL Digital certificate issued to you to ensure they also meet their obligations set out in this Agreement.

4. RENEWAL

The administrative email contact given by you for your Comodo SSL Digital certificate(s) will be notified by email prior to the renewal date for the certificate(s). It is your responsibility to maintain a correct email contact address. We will process your renewal only if payment is received in full by credit card (as set out in clause 5.1) or by direct credit to our bank account on or prior to the renewal date. If payment has not been received in full we will not take any action to renew the certificate(s) and shall not be obliged to notify you of this. We will not be responsible for any losses, costs, expenses or damages resulting from the lapsing of the certificate(s) in these circumstances.

5. PAYMENT OF FEES

5.1. You agree to pay in advance for the services we provide for you at such rate as may be charged from time to time. Payment can only be accepted when made by Visa, MasterCard or American Express Credit card or by Direct Credit to our Bank Account.

5.2. Current fees for our services are set out in the Schedule.

5.3. We may alter our fees from time to time. When we alter them we will send you notice of the alteration thirty (30) days before the new fee takes effect.

5.4. Prices are stated in New Zealand dollars and include GST where applicable.

5.5. You agree that all payments made by you are non-refundable whether in whole or in part once our services have been provided.

5.6. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration or renewal, you acknowledge and agree that the SSL Certificate shall be cancelled. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration or renewal fee and our reinstatement fee, currently set at NZ$50.00.

6. SUSPENSION AND REFUSAL TO SUPPLY SERVICES

6.1. If a claim is made or threatened against us by any third party we may immediately cancel or suspend the provision of our services unless in our sole discretion we are satisfied the claim is wholly without merit or you provide us with sufficient security in our discretion to protect and indemnify us against that claim. Any cancellation, suspension or refusal by us under this clause does not give you any right to claim damages, compensation or for losses of any nature from us.

7. EXCLUSION OF LIABILITY

7.1. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent or other entity we have a business relationship with and anyone else we may get to perform our duties under any Agreement you have with us. None of the persons specified is liable or has to pay you for anything in connection with or resulting from anything any of us does or does not do or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and irrespective of the way liability might arise.

7.2. This exclusion does not limit any rights you may have, if any, under the Consumer Guarantees Act 1993.

7.3. To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

8. LIMITATION OF LIABILITY

8.1. We have excluded all liability we or any of the persons specified above may have to you. If we or any of those persons is ever liable to you and for any reason cannot rely upon the exclusion of liability set out above then this clause applies. The maximum combined amount to the persons specified above (together) will have to pay to you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this Agreement.

9. OTHER APPLICABLE TERMS AND CONDITIONS

9.1. You agree that in instructing us to act for you and provide the services to secure a Comodo SSL Digital certificate the remaining general terms and conditions from time to time posted on the Cheeky Monkey Hosting official website will apply to our provision of the services except to the extent that they are inconsistent with the terms and conditions set out in this Agreement and in which event the terms and conditions set out in this Agreement shall prevail.

9.2. You agree that we may update these terms and conditions at any time by posting a revised set of terms and conditions on the Cheeky Monkey Hosting official website and such revised set of terms and conditions shall become effective immediately upon being posted on the website.