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This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree by typing ‘YES’ in the last step of the sign up process on the 2day.com website when prompted.
Parties
The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:
2Day.com, "us", "we" and "our" means 2Day.com.
"System", means the computer system, programming and communication facilities required by 2Day.com for the operation of the service;
"Service", means Internet WebHosting and/ or Email services provided by 2Day.com to customers subscribing for the same;
"Client ", " Customer(s), and "You" and “Your” mean the party or parties who enter into this agreement with 2Day.com.
Terms
- You must modify your details using the interface provided at 2Day.com's website when any of your contact details change or alternatively e-mail accounts@2day.com. Without limiting the indemnity and liability provisions below 2Day.com 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.
- The term of this agreement operates on a monthly basis; either party can give the other one month's notice of cancellation of the agreement. If the customer requests termination of the service with notice of less than one month, the full month's fee shall be payable to 2day.com.
- The customer must notify 2day.com of an account cancellation using the cancellation form on the website or by emailing admin@2day.com or by sending a confirmation letter to the 2day.com accounts department.
- By accepting these terms and conditions you agree to abide by 2Day.com's Acceptable Use Policy together with such modifications and updates to it as may be issued by 2Day.com from time to time. Failure to follow such policies may result in supply of WebHosting services being immediately suspended without notice until such time as your site again complies with the policies.
- 2Day.com reserves the right to modify, enhance and withdraw the service and alter it's Policies and these Terms and Conditions. In the event of any change 2Day.com shall notify you by email giving reasonable notice of the change(s).
Terms Of Payment
In consideration of 2Day.com providing you with the service, you agree to make payment as follows:
- The only acceptable method of payment for 2Day.com WebHosting/ Email services is by Credit Card, cheque or by a direct debit payment. International customers are required to pay by credit card only.
- If payment of renewal fee is not received by 5 days after expiration date, your WebHosting/ Email services will be automatically suspended and may be terminated.
- 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, renewal or registrar transfer fee, you acknowledge and agree that the domain name shall be cancelled at the Registry. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal or transfer fee and our reinstatement fee, currently set at NZ$50.00
Limitation Of Liability And Indemnity
2Day.com shall not be liable for:
- 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.
- 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 2Day.com.
- Any indirect or consequential costs losses expenses and/or damages including but not limited to loss of profits, caused by any failure on the part of 2Day.com to perform its commitments under this Agreement.
- Any third party claims and/or third party costs losses expenses and/or damages whether brought against 2Day.com or you and which relate to your site. Further you agree to indemnify 2Day.com, 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 2Day.com (and/or it's employees, owners and directors) defending itself.
- Any amount by way of claim not otherwise excluded above, which exceeds in total an amount equal to 12 months WebHosting fees.
Applicable Law
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.
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.
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
You acknowledge the right of 2Day.com to cancel this agreement at any time upon a breach of these terms and conditions remaining unremedied after 7 days notice in writing to your last known contact address. Any cancellation shall be subject to the provisions of clause 14 as to the exemption from liability that 2Day.com has in such circumstances. Any cancellation shall be notified to you by email at your last notified email address.
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.
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