TERMS AND CONDITIONS | Arcus Business Solutions Limited

Title of Parties
1. The contract for services shall be between Arcus Business Solutions Limited and the customer, being the person/entity who instructed Arcus Business Solutions Limited to undertake the work or provide the services.

Services
2. This Service Agreement (Agreement) applies to the purchase of all services, including but not limited to, web design, web hosting, programming, and technical support services (collectively, the Services) provided by Arcus Business Solutions Limited. Arcus Business Solutions Limited reserves the right to amend its web hosting and related Service offerings at any time and to determine whether and when any such changes apply to both existing or future customers.

Intellectual Property
3. All software created by Arcus Business Solutions Limited and/or provided for use by the customer by Arcus Business Solutions Limited remains the property of Arcus Business Solutions Limited.
The intellectual property rights in any work commissioned shall be the property of Arcus Business Solutions Limited until full payment is received by Arcus Business Solutions Limited. Upon receipt of full payment by Arcus Business Solutions Limited, the intellectual property in the work commissioned by the customer shall pass to the customer.

Acknowledgement of Design and/or Hosting by Arcus Business Solutions Limited
4. The customer shall permit Arcus Business Solutions Limited to display a discrete notice on its website or software advising viewers that the website or software was designed by and/or is hosted by Arcus Business Solutions Limited.

Billing and Payment
5. Invoices are due for payment on the date stated on the invoice.
6. An additional fee of $15 (NZD) will be added to the invoice for payment for monthly website maintenance. This fee can be waived by written or emailed request to accounts@arcusbusinesssolutions.co.nz asking for this fee to be removed.
7. The customer shall be liable for any costs incurred by Arcus Business Solutions Limited in collecting overdue amounts, including Arcus Business Solutions Limited’s solicitor’s costs on a solicitor/client basis.
8. Arcus Business Solutions Limited reserves the right to change web hosting rates by notifying the customer sixty (60) days in advance of the effective date of the change.
9. Accounts unpaid after the due date will incur a late fee not exceeding $12.50 (NZD) and may have services suspended or terminated. Such suspension or termination shall not relieve the customer of their obligation to pay the fees and charges due.

Automatic Hosting Renewal
10. Unless requested by the customer to cancel the account, Arcus Business Solutions Limited will automatically renew the customer’s web account on its renewal date. To cancel the contract, the customer must email accounts@arcusbusinesssolutions.co.nz requesting account termination.

Limitation of Liability and Indemnity
11. While all care is taken by Arcus Business Solutions Limited, its directors, sub-contractors, and employees, liability in tort or otherwise is limited to the price of the web design, web hosting or web application services provided. In particular, and without limiting the generality of this clause, Arcus Business Solutions Limited and its directors, sub-contractors and employees shall in no circumstances be liable for economic or consequential losses.
12. The customer indemnifies Arcus Business Solutions Limited from any claims, losses, liabilities and expenses related to, or arising out of, the services provided by Arcus Business Solutions Limited including, without limitation, claims made by third parties (including the customer’s customers) related to any false advertising claims, liability claims for products or services sold by the customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided or for any content submitted by the customer for publication by Arcus Business Solutions Limited.
13. Arcus Business Solutions Limited shall not be responsible for any economic or consequential losses which may arise from Arcus Business Solutions Limited’s Services going off-line or being unavailable for any reason, or resulting from the corruption or deletion of any web site or web application hosted with Arcus Business Solutions Limited.
14. Arcus Business Solutions Limited does not represent or warrant that the customer will receive continual and uninterrupted service.
15. The customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.
16. Arcus Business Solutions Limited is not responsible for customers’ files residing on servers under the control of Arcus Business Solutions Limited, servers sub-contracted to, or leased by, Arcus Business Solutions, or any server of a sub-contractor of Arcus Business Solutions Limited. The customer is solely responsible for independent backup of data stored or published.
17. Arcus Business Solutions Limited is not liable for protection or privacy of electronic mail or other information transferred through the internet of any other network provider the customer may utilise.

Acceptable Use
18. In using Arcus Business Solutions Limited’s services, the customer agrees to abide by Arcus Business Solutions Limited’s Guidelines for Acceptable Use. Arcus Business Solutions Limited shall be the sole arbiter of what is and is not acceptable use and reserves the right to:

terminate without notice, any account considered to be engaged in unacceptable activity or that causes harm to any of Arcus Business Solutions Limited’s customers’ web sites;
delete all content and files of a terminated account;
withhold any pre-paid funds for any site removed for engaging in unacceptable activity;
refuse, cancel, or suspend services at our sole discretion.

Guidelines for Acceptable Use
19. Arcus Business Solutions Limited’s services may be used for lawful purposes only. Any illegal use of our services or use that may subject us to liability is unacceptable. Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of our services. Running programs in the background without Arcus Business Solutions Limited’s prior written authorisation, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Arcus Business Solutions Limited’s services.
20. Use of Arcus Business Solutions Limited’s Services constitutes acceptance and agreement to these Terms and Conditions of Trade.
21. Non-enforcement of any part of these Terms and Conditions of Trade does not constitute Arcus Business Solutions Limited’s consent.
22. Arcus Business Solutions Limited reserves the right to change these Terms and Conditions of Trade without prior notice.

Violations of these Terms and Conditions should be referred to info@arcusbusinesssolutions.co.nz