Definitions

The following definitions apply unless otherwise specified

1. Ascona Enterprises Limited is referred to as Ascona, we or us is also inferred to imply Ascona Enterprises Limited
2. The Client is referred to as The Client, You or Your are also inferred to imply the Client
3. ‘Business Hours’ means between 8:30 am and 5:00 pm Monday to Friday excluding public holidays
4. ‘Intellectual Property’ means all intellectual property rights including but not limited to: copyright, business names, logos, images, designs, text, trademarks, software, source codes, patents

Acceptance of Terms and Conditions

These Terms are the terms on which Ascona offers you access to its services and the website.  Any instructions received by Ascona from the Client for the supply of any services shall constitute acceptance of these Terms.

Liability

Ascona shall not be liable for any indirect, incidental, special or consequential damages, or loss to a Client or any third party. This includes any malicious act (or hacking), Content Management System (CMS) updates, any failure of a website built by Ascona for reasons beyond our reasonable control, or an act or omission by any third party who provided services to Ascona which are necessary for supply of the services and products to the Client. 

Ascona accepts no liability for any damage or loss suffered to a Client or any third party for its domain services. 

Unless otherwise required by law and subject to the exclusions and limitations above, the exclusive remedies of the Client and the entire liability of Ascona whether in contract, tort, under warranty or otherwise for any loss, damage or injury arising directly or indirectly from any defect in Ascona’s hosting services will be limited to a maximum sum equivalent to the price of services under the relevant contract.

Prices

All prices for services provided by Ascona to the Client, unless otherwise specifically stated, are in New Zealand Dollars (NZD) and are exclusive of GST (New Zealand Goods and Services Tax). We reserve the right to change pricing at any time, although all pricing is guranteed for the period of pre-payment.

Payment Terms

1. Payment for causal maintenance work carried out by Ascona is expected within seven days.
2. Payment for website hosting, domain names, email and contracted maintenance is due before commencement of the period covered by the invoice.
3. Domain names will not be renewed unless payment has been received.
4. Payment for website design and build are due as per the agreement between the Client and Ascona. If not specified on the invoice then 14 days is assumed.
5. Invoices will be emailed – it is the Client’s responsibility to provide a current email address for invoices which is regularly checked and notify Ascona if this changes.
6. Any invoices that require posting by mail will incur an additional handling fee.
7. Ascona reserves the right to add a 10% fee of total monies owing to cover administration charges for any account that is overdue.
8. If an account is not paid by due date, Ascona may suspend services. A fee may apply to re-instate the services and this, along with the outstanding amounts, must be paid before services are made live again.
9. Ascona reserves the right to delete any Client data stored on our servers where a Client’s account is more than three (3) months overdue.  If we exercise this right there will be no copies of data available to the Client.    
10. The Client will be charged for all costs associated with passing their debt to a third party for collection, including debt collection process fees if incurred.

Business Hours

Ascona works "standard business hours". That is 8:30am to 5pm Monday to Friday NZ time. All Public Holidays are "outside business hours". Also any Provincial Holidays may have reduced services depending on staff required to undertake work. We also may also provide a slower response during Holiday Periods.

Any work requested to be done outside business hours will incur a minimum one hour call out fee.

All services are monitored 24/7 and we will always use reasonable endeavours to rectify any known problems.  

Relationship of Parties

The relationship between Ascona and the Client is that of vendor and vendee, it is not a joint venture, franchisor/franchisee or employer/employee.

The agreement is a commercial agreement between businesses, not a consumer agreement.

Domain Names

If Ascona bills you for a domain name(s) and you do not have a current hosting account as well then we reserve the right to stop providing DNS services for the domain(s).

Unless you have a current hosting account with Ascona we do not provide DNS services for any domain(s) where we are not providing Registrar services as well.

Ascona provides free DNS changes in our yearly charges if we are providing DNS for a domain that we bill for. Any requested changes to registrant details will incur our standard fee for this. Any changes to DNS or registrant details must come from an authorised Client contact only.

Web Hosting

Your web hosting typically covers:

1. Disk space on one of our servers, as per your plan/invoice;
2. DNS for your domain name(s);
3. Local and international bandwidth;
4. Email as per your plan/invoice;
5. Backups as reasonably required;
6. Monitoring of servers 24/7;
7. Disk Space: The first 10% of Disk Space your account is over it's allowed limit are free. Once your Disk Space exceeds 10% of it's allowed limit, the cost is $0.08 per MB per month extra;
8. Bandwidth/Traffic: The first 20% of Bandwidth/Traffic your account is over it's allowed limit are free. Once your Bandwidth/Traffic exceeds 20% of it's allowed limit, the cost is $0.004 per MB per month extra;
9. We reserve the right to reject any orders made through our online ordering system

Support for the Customer's web site application, such as web design, development, maintenance, CMS upgrades/updates and email setup are not included in this service.

Technology

Any website created by Ascona will only support technologies for browsers and computer settings that are current at the time of development. We accept no responsibility if technology changes and/or a product or service is no longer available. The Client will be liable for costs involved to upgrade their site to be compliant with the latest version of browser, computer settings or technology.

This Client cost responsibility includes Content Management Systems (CMS) need to be patched or updated to limit exploits or "hacking" opportunities.

Privacy Act 1993

For the purpose of assessing the Client’s credit worthiness or enforcing any rights under these terms, the Client authorises Ascona to collect, retain and use any information about the Client.

The Client authorises Ascona to disclose any information obtained to any person for the purposes set out above.

Where the Client is a natural person, the authorities provided above are authorities or consents for the purposes of the Privacy Act 1993.

Fair Use Policy

The Ascona hosting and email services are based on a ‘fair use’ policy. We will invoice Clients who have excess email usage against average useage.  Any email account over 5GB will be charged plus an admin fee.

Acceptable Use: Server Performance

If the Client's web site affects the performance or security of the server systems, Ascona at its sole discretion, without notice, may immediately suspend or perform any other action that will prevent your site from impacting other Clients and the server system as a whole.

A suspended Client’s web site will not be unsuspended until Ascona is satisfied that the issue causing the suspension has been resolved and will no longer affect the performance or security of Ascona’s server systems.

Spam

Ascona has a zero-tolerance policy against sending unsolicited emails or spam. If your domain has been found to be sending or has send spam, we will immediately, without warning, disable your hosting and/or domain. We also reserve the right to refuse or cancel services to known spammers.

If spam has been sent using your account due to weak passwords or hacked services we will immediately suspend services and let you know and services will not be resumed until we have been advised that the problem has been fixed.

Website Copies

We can provide a copy of the Client’s website within seven (7) days of your written request.  You will be charged a reasonable fee for this service.

We typically backup all Client data that is on our servers and hold it for seven (7) days.  This backup cannot be guaranteed due to technical issues beyond our reasonable control that may arise from time to time.  You will be charged a reasonable fee for any recoveries from our backup.  We are not responsible for any data loss.

Change Request Communication

For security purposes, any request for information from a Client account or request for action relating to a Client account must come directly from the Client and not from a third party.  Ascona will not respond to any direct requests from third parties.

Termination

1. Either party may terminate the agreement for regular hosting with 30 days’ notice, unless there has been a separate contract entered into with a different termination clause.
2. Termination must be given in writing (email) by the Client.
3. The Client will be liable for any outstanding monies at the time of termination.

Copyright

Copyright of any website created by Ascona will be passed to the Client on final payment of the website creation charge. Until that time Ascona holds the copyright of the website and any "looks and feels" of proposed websites provided to the Client in any format. If the build of the website is not completed, then unless specific payment is made for any design work copyright does not pass to the Client. Note: Look and feel of proposed website designs plus websites under creation and completed will typically have a copyright disclaimer on them advising copyright is with the Client. These statements are there only as proposed views and are not in place to show copyright resides with the Client.

The copyright of any images and content supplied by the Client will be the responsibility of the Client.

All intellectual property developed relating to the website shall be the sole property of the Client after full payment, except any third party software or pre-existing software belonging to Ascona.

Applicable Law

This agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.   

Updates To These Terms and Conditions

We may update these terms and conditions from time to time. Your continued use of any of our services indicates acceptance of the changes.