01. Our Services
02. Payment for Services
03. Cancellation of Services
04. Our Responsibilities
05. Your Responsibilities
06. Retrieval of Access Details
07. Changing Your Details
08. Our Liability to You
09. Resale of our Services
10. IP Addresses
11. Compliance with Law

Create Hosting Limited is referred to as “we” or “Create Hosting” in this document, and Client is referred to as “you”.

01. Our Services

Create Hosting provides a range of Internet products and services, including but not limited to web hosting, domain name registration, email hosting and SaaS (Software as a Service) hosting.

When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.

We retain the right to refuse service to anyone at any time.

02. Payment for Services

Our services all operate on a pre-paid basis, except for overage charges. This means you must pay for all services in advance, unless we have advised you otherwise.

Invoices are generated 20 days before the renewal date of your recurring plan.

If you choose to prepay for 12 months on a Startup, Business, or Magento plan you will receive a 10% discount, and will be invoiced immediately for services for 12 months. You will be invoiced again on the renewal date of your account.

If you upgrade or downgrade from 1 to 12 months, or vice versa, you will be automatically billed or credited.

Invoices and credit adjustments are processed automatically, unless manual intervention is required.

You can pay for your account by Visa, MasterCard, PayPal, Cheque, or Direct Credit. We do not accept cash.

If you choose to pay by credit card it is with the understanding that your card will be stored (via our secure CC processor) and used for processing future payments (except in the case where you make a one-off payment.)

You have the option to receive invoices by post, or email, or both.

Payments are due on the due date shown on the invoice, and automatic email notification will be sent to you by email if payments are overdue.

If you fail to make payment within 21 days we may suspend or restrict the services on your account automatically.

It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.

You will be responsible for any costs incurred to recover your debt.

03. Cancellation of Services

You agree to give at least 30 days notice of cancellation of services (excluding Domain registration).

Notice must be made via the Create Hosting Support/Billing system, by navigating to the product, service or domain and clicking the Request Cancellation button. Alternatively, you can notify us by post or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.

You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.

Any prepaid credit will be refunded, once we have deducted the difference between discounted months and full-paid months of service.

04. Our Responsibilities

We agree:
(a) to provide high performance Internet services to you;
(b) to be available during business hours by telephone for support and inquiries;
(c) to be available by email at all times for support and inquiries;
(d) to correct all problems as soon as they occur;
(e) to provide online announcements of any scheduled, or unscheduled downtime, and to notify customers by email who wish to be notified;
(f) to provide a 10% credit on your base fee (Email Only, Startup, Business, and Magento plans) to your next bill if requested (based on 0.1% / 45 minutes or more of unscheduled server downtime in any given month *, or not having email to our support dept, for a technical related issue, responded to within 60 minutes during business hours of 9am to 12pm and 1pm to 5pm, Monday to Friday);
(g) to provide a 100% refund of your money (Email Only, Startup, Business, and Magento plans) if you are unsatisfied with our services within the first 30 days (excludes domain name registration fees, SSL Certificates and DPS setup costs);
(g) to respond as soon as we can to emergency support requests;
(h) to bill you correctly for the services you subscribe to
(i) to keep all software and systems up-to-date; and
(j) to maintain a nightly backup of all your account resources (website files, databases, mail, hosting configuration and preferences) and keep for 14 days
* excludes network downtime that is beyond our control due to an upstream provider or third-party related issue.

05. Your Responsibilities

You agree:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential at all times;
(d) to keep backup copies of all files you publish to our servers;
(e) to download your mail regularly; and
(f) to not store mail on our server for longer than 30 days (or it may be removed without notice).
We prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of music, videos, images, without permission.
(f) IRC clients, bots, servers.
We also prohibit the use of our servers for:
(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.
We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.
If you publish prohibited material you will be responsible for all traffic charges relating to download of that material.

06. Retrieval of Access Details

If you lose your access details there are three things in the following order you can do:
(a) request an automatic password re-send, if available;
(b) phone or email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

07. Changing Your Details

We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

08. Our Liability to You

As a residential customer you have rights under the NZ Consumer Guarantees Act and this section does not limit those rights. However if you are a business, or use our services for business purposes (or have told us you will do so) then you agree that that Consumer Guarantees Act does not apply to the services we provide you.

To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.

We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.

09. Resale of our Services

If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:
(a) there is no direct relationship between us and your client;
(b) you will not refer your customer to us for support services;
(c) you will make it clear to your client that you are the contact for all purposes; and
(d) this agreement also applies to your clients.

10. IP Addresses

Create Hosting maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.

11. Compliance with Law

You agree to use our services in a manner consistent with all applicable New Zealand and/or laws applicable to your country of operation. If you wish to make a claim against us you must do so in a New Zealand court.