Buiness terms & conditions
Site-Creata Ltd
Business Terms and Conditions
Terms for Business Customers
If you are a customer of Site-Creata Ltd then these standard terms apply to your use of our services.
Additional terms may apply to some of our services. For example, if you use one of our product extension options then separate terms may be applicable. We will tell you when additional terms apply.
Sometimes we may make special offers that are subject to other terms. If you accept one of those special offers, then the terms of that offer will also apply.
About Our Services
We aim to provide you with high quality services, which can be used at any time. However the nature of our services means that we cannot promise that they will always be available or working properly. This is largely because our services rely on networks and equipment that we do not control.
If there is a problem with our service we will try and fix it as soon as we can. If you experience any problems with our service please let us know by calling customer services. We will try to address the problem in a way that satisfies you.
Unless we agree to supply any equipment or software to you, you will have to obtain the equipment and software necessary for you to use our services (such as computers or phones), and you will be responsible for looking after that equipment and software.
Paying for our services
You must pay our charges for the services we provide. If someone else uses the services we provide to you, you are still responsible for payment.
You can get details of our current charges either from our website www.ihug.co.nz or by calling customer services. We may change some of these charges from time to time.
All our services are offered as Prepaid services. If you subscribe to use Site-Creata services you must pay for them in advance. All accounts must be settled using a credit card number provided for the purchases of settling your account.
If your card can not be charged for whatever reason you will be informed and asked to make alternative arrangements for payment. If you do not pay our charges by the due date then we may charge you interest at 15% per annum on the unpaid amount until the date you pay us. You must also pay us any costs we incur in trying to recover overdue payments from you.
We may suspend or restrict your ability to use our services if your payment is overdue.
If you have any questions about your bill, or you think there is a mistake in your bill, then please contact customer services as soon as possible. If we agree that there has been a mistake in your bill we will fix it.
Credit
We may use information you have provided us to carry out credit checks on you. We may also give that information to credit agencies for that purpose.
Your responsibilities
You agree:
- to make sure that all information you give us is correct
- to follow the instructions we give you and comply with any restrictions we impose regarding your use of our services
- to keep any password or security code which relates to our services confidential, and to change the password or security code if we request you to do so
- to notify us immediately if you believe that someone else has discovered your password or security code or has made any fraudulent use of the services we provide to you
- to notify us immediately of any change of your address or phone number.
You agree not to use our services:
- in a way which breaks any law or infringes anyone's legal rights (such as copyright)
- to obtain unauthorised access to anyone's system
- in a way which could cause physical or other damage to anyone's system
- in a way which is offensive, abusive or is likely to be a nuisance to someone else.
If you do not comply with these obligations, and we incur costs as a result, then you must pay those costs. In addition, we can remove from our server any material that we consider breaches these terms.
Privacy
From time to time you may give us personal information, such as your address and other details. If you do not give us this information we may not be able to provide you with services. Personal information about you may also be generated as a result of your use of our services.
We will treat your personal information in a manner that meets the requirements of the Privacy Act.
You agree that we can use your personal information (and provide it to appropriate third parties) to:
- provide services to you
- bill you
- complete credit checking
- recover overdue accounts
- keep you informed about our services and those of our selected business partners(unless you have advised us that you do not want to receive this information).
We may monitor or record calls to customer services for training purposes and to improve service quality.
You can at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
Our liability to you
We aim to provide you with high quality services, which can be used at any time. However the nature of our services means that we cannot promise that this will always be the case.
Accordingly, to the extent that the law allows us to do so, we exclude all liability to you in connection with our provision of services to you. Without limiting this, we exclude all liability to you arising out of any:
- failure by us to provide services, or any delay in, fault in or non-performance of those services; or
- fault or defect in software or equipment we supply to you; or
- loss of data, or failure of or error in any transmission; or
- unauthorised interception of any call or unauthorised access to your information; or
- negligent act or ommission of ours.
You agree that the services you acquire pursuant to this agreement are acquired for the purposes of a business and that the Consumer Guarantees Act does not apply. If, even though we have excluded our liability, we are held to be liable to you for any reason, then our liability is limited to a maximum of $5,000 for any event (or series of related events) and to a maximum of $10,000 in any year.
Liability of other people
You agree that these people are not liable to you in relation to our services:
- Our employees, contractors, officers and agents
- Any network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).
Ending this agreement
This agreement as a minimum set period of six months from the time you agree to these terms and conditions. After that period you can end this agreement at any time by providing 30 days notice to our customer services team either by way of email or phone.
We may require you to provide written confirmation of your wish to end this agreement.
We can end this agreement immediately if you do not meet your obligations under this agreement. Otherwise we can end this agreement or withdraw any service by giving you 30 days' notice. We can also suspend or restrict your ability to use our services without ending this agreement if we believe that you have not met your obligations under this agreement.
No matter how this agreement is ended, you will still have to pay our charges for the services we supplied to you before the agreement ended. If on termination you have a credit balance in your account we will refund that balance to you on request. However no refund is payable of balances relating to:
- The purchase by you of a Prepaid service, where you have not used all or part of the prepaid amount; or
- Payments you have made where you have agreed to use our services for a set period, but wish to terminate during that period.
New Zealand law applies
Our services are provided under New Zealand law. If you want to bring a claim against us you must do so in a New Zealand court.
Contacting each other
If you need to contact us for any reason you can do so by having an authorised representative of yours (as shown in our records) call customer services.
If you request us to do anything we may require you to provide written confirmation of that request before we act on it, this is in order to minimise the risk of any misunderstanding.
If we need to notify you of anything we can do so:
- by email to you if you are an internet customer, or a phone customer who has supplied us with an email address; or
- by post; or
- by phone; or
- by a notice on our website (www.site-creata.co.nz); or
- by public notice in major metropolitan newspapers.
If your contact details change then you must tell us the new details. You are deemed to have received any notice that was sent to your last known email or postal address.
Transferring the agreement
We can transfer some or all of our rights and obligations under this agreement to someone else. We will tell you if we do this.
Changing these terms
We can change these terms at any time. We will notify you of any change before it comes into effect.