1. Acceptance of terms and conditions
1.1 By purchasing products and services you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
2. Amendment of terms and conditions
2.1 These terms and conditions may be amended in whole or in part by Paua Interface Limited from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You will be notified by email if there are any changes to the terms & conditions. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
3. Terminology
3.1 In these terms and conditions, the following expressions have the meanings set out:
'Services' means any one or more of the services offered by Paua Interface Limited, including online templates, online updates, developer and design services, and any other service that Paua Interface Limited may offer;
'we', 'us' and 'our' are a reference to Paua Interface Limited;
'you' and 'your' are a reference to you;
'icoolwebsites' is the name of a collection of services offered by Paua Interface Ltd;
'Website' means any Paua Interface Limited website through which iCoolWebsite services are offered.
4. Money Back Guarantee
4.1 We stand by our work and will do our very, very best to impress you, but if you are not satisfied within 7 days of purchase we will return your base Plan fee in full within the week.
4.2 Our Money back guarantee applies strictly and only to the base $730 +gst fee and not to extra work you have requested or commissioned such as graphic design, more email addresses, more webpages, etc.
4.3 If we have purchased your domain name for you by then, and you would like to have it transferred, the UDAI code will be promptly provided and the 'cost' fee will be subtracted from the refund (charged at $45 +gst).
5. Website design templates
5.1 Website design templates are used to build independent websites. The colour scheme, position of content, footers, fonts, font sizes and capitalisation are pre-determined by the template.
5.2 When you buy an iCoolWebsite your website design comes with temporary content (mostly text and images). You can freely change temporary content within the first 21 days of purchase.
5.3 For each website page, the temporary content that can be changed includes:
✓ The organisation's name (shows across the whole website)
✓ The by-line (shows across the whole website)
✓ The logo (shows across the whole website)
✓ The text in the main body (shows on an individual page)
✓ The footer (shows across the whole website)
✓ The Placeholder images (shows on an individual pages)
✓ The presence of the basic contact form (shows across the whole website or on an individual page - your choice)
5.4 As long as you provide the website content pre-prepared and ready for inclusion into the website within the first 21 days of purchase, there is no extra charge.
5.5 If the website content is not complete then you can request a charged service such as change or customisation, or a "professional polish". An estimate is emailed to you for your approval and payment before work begins (see Changes and customisation below).
6. Timeframe for inserting information for a new website
6.1 Following payment for a new website, you can immediately send information, choose up to 5 email addresses and add up to 10 pages (e.g. text, pictures, etc) to iCoolWebsites within the first 21 days of purchase.
6.2 Any information, requests to add pages or email addresses received after 21 days will be charged as a Change or Customisation.
6.3 Websites will be online usually within 24 hours after the last information is received from you. This is not guaranteed as it is dependent on local telecommunication and connection providers (such as Telecom and others) who provide connection services.
7. Changes and customisation
7.1 You can request to add any website feature or function such as more website pages, logins, databases, customised forms, blogs, podcasts, flash animation, search engine optimisation and more. Changes and customisation incur a fee of NZ $21.95 +gst per 15 minutes. The fee is estimated by iCoolWebsites and approved and prepaid by you before work begins.
7.2 If the task takes less time than estimated, you will only be charged for time used and a credit will be given.
7.3 If the task takes more than the estimated time, you will be notified by email and asked to approve a further estimation.
7.4 iCoolWebsites endeavours to estimate as accurately as possible but is not responsible for customers who change their minds or make errors that are of no fault of iCoolWebsites.
8. Domain name (website address)
8.1 By purchasing a Plan, you are entitled to a website .com domain or a .nz domain as long as it is available.
8.2 Domain names with other extensions can be purchased if available and will be quoted as the prices vary from country to country.
8.3 The domain name must be registered with iCoolWebsites to enable the full guaranteed service to be delivered. If a domain name is currently held by another registrar, you will need to request the UDAI code from your current registrar to enable the transfer of the domain name to iCoolWebsites.
9. Payments
9.1 Payments for website services is paid by via a credit card. Bank deposits can be arranged by contacting the iCoolWebsite support. An extra bank deposit fee of $15 +gst will be charged.
9.2 Plans are prepaid at 12 month intervals and unless the Money Back Guarantee applies when the website first goes "live" (see top of page), fees are are non-refundable as they cover the registration of the domain name, hosting and actual website - i.e. all of the work is done up front so this applies even if you decide to take the website off line part way through the year.
9.3 Payment for website changes or customisation is prepaid based on your request and an estimate. The estimate amount may be increased if the task takes longer than the original estimate indicates or if you add task during the process.
9.4 New Zealand customers are charged GST (Goods and services tax of 12.5%), and all other customers pay via the "Everyone else in the world" button that has no GST portion.
9.5 If you accidentally pay via the New Zealanders only button, but are not in New Zealand, then you should contact us, and the GST portion will be credited to your account for your use for future updates or extras.
9.6 All payments to iCoolWebsites are processed through its owner company Paua Interface Ltd.
10. Responsibility
10.1 You are responsible for ensuring you send the correct email address and that it is active and available to receive iCoolWebsite confirmations or other messages. It is your responsibility to check your junk folder, your mail marshall and firewall services, and your full mailbox.
10.2 You are responsible for all copyright and intellectual property of the website content that you send to iCoolWebsite for insertion into your website.
10.3 If you choose to publish email addresses on your website (not recommended), you are responsible for any possible subsequent spam attacks (we recommend you do not publish email addresses on websites and use an online contact form instead).
11. Right to decline
11.1 iCoolWebsites has the right to decline a website service to anyone and this is entirely at its discretion and at anytime. We expect this to apply where the purpose or activities on the website are deemed inappropriate such as websites with pornography or violence, web farms, illegal activity or other. We monitor website usage regularly to ensure that our reputation and that of our customers is protected.
12. Emails and newsletters
12.1 Paua Interface Limited will send you infrequent emails relating to the service for promoting and marketing other Paua Interface Limited products and services to you.
13. General rules
13.1 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
13.2 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
1. your use of the services is at your sole risk. The Website and services are provided on an "as available" basis;
2. Paua Interface Limited does not warrant that the services provided will be uninterrupted, timely, secure, or error free;
3. no advice or information that is obtained by you from Paua Interface Limited or anyone else shall create any warranty by Paua Interface Limited that is not expressly stated in the terms and conditions.
14.2 Liability: You agree that, to the maximum extent permitted by New Zealand law, any and all liability and responsibility of Paua Interface Limited to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Paua Interface Limited's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
14.3 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
14.4 Breach: Without limiting any other rights and remedies available to Paua Interface Limited, Paua Interface Limited may limit your activities on the Website, issue a warning to you, or refuse to provide our Services to you if you breach these terms and conditions or where Paua Interface Limited considers it appropriate.
15. General provisions
15.1 System Integrity: Paua Interface Ltd will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Paua Interface Ltd takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Paua Interface Ltd assumes no responsibility for the corruption of any data or information held by Paua Interface Ltd.
15.2 Force Majeure: Paua Interface Ltd has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Paua Interface Ltd to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Paua Interface Ltd.
15.3 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
15.4 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
15.5 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15.6 Intellectual Property Rights: Paua Interface Ltd (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including templates, text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
15.7 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
15.8 Privacy: Paua Interface Ltd collects personal information about you through your use of the Services and the Website, including:
* your registration details; and
* information relating to your use of the Website and the content you submit
15.9 You agree that Paua Interface Ltd may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Paua Interface Ltd products and Services to you, and for any other use that you authorise.
15.10 We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Paua Interface Ltd, our clients, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Paua Interface Ltd to ask whether information has been provided to government agencies.
