Lounge Network New Zealand
STARTER WEBSITE PACKAGE TERMS OF SERVICE

Please read this agreement below in its entirety. All users of our service will be bound by this agreement. These terms and conditions may be modified at any time and without notice. All users, both previous and new are always subject to the newest terms posted here at all times.

 

INTRODUCTION

These standard terms relate to the provision of Internet services ("the Services") to you ("the Client") by Design Lounge Limited T/A Lounge Network whether as principal or agent. First use of the Services shall constitute acceptance and completion of this Agreement ("Agreement").

This is an ongoing service contract that will apply from the date that the customer signs up to our services, and will continue to apply, up until a time that either Lounge Network or the customer cancels this contract. This service contract has an undefined length, and it does not automatically cease at the end of a billing period. It is also independent of any domain registration period of any domain name that you have purchased through us, or through any other company. Therefore the customer will continue to be billed for website hosting, for successive terms of equal length of the initial term that the customer signed up for, until this hosting contract is cancelled. Please refer to section 13 on how to cancel your website hosting, and this service contract.

If you are signing up to our services for, or on behalf of someone else (your are acting as an agent), you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You also agree that all terms and conditions will be passed onto your client to read and agree to. We may require written evidence that you have authority to act as an agent, should any dispute arise.

 

1. RESPONSIBILITIES OF LOUNGE NETWORK

1.1 Lounge Network will provide the Services with reasonable care and skill. It will use all reasonable efforts to ensure that the Services are reliable at all times. Lounge Network do not guarantee that the service it provides will be perfect. When services are disrupted, Lounge Network will do its best to reinstate the service to you as soon as it can. As our services rely on us using networks and services owned by other people, we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason we will endeavor to restore service as soon as possible.

1.2 Lounge Network reserves the right at its discretion to make use of any third party to supply any services.

1.3 No agent or representative is authorised to make any representations, statements, conditions or agreements not expressed by Lounge Network in writing, nor are Lounge Network in any way bound by any such unauthorised statements.

1.4 Lounge Network may from time to time due to operational, upgrading or other reasons temporary restrict or suspend service. In those circumstances, Lounge Network will use best endeavors to give the Client as much notice as reasonably possible by posting a message on our website, at www.loungenetwork.co.nz.

1.5 Lounge Network takes no responsibility for any errors or omissions in any information supplied to client. This includes, but is not limited to information on any of our website's or via other forms of communication.

1.6 Lounge Network reserves the right to make modifications at any time and without notice, to any of the following: Hosting plan quotas, specifications and features, server specifications, server locations, network configurations, our upstream providers, or anything else to do with providing clients with website hosting.

 

2. USE OF INFORMATION AND CONFIDENTIALITY

2.1 The Client also acknowledges that all intellectual property rights in the Service(s) and any improvements or changes made by Lounge Network to any Service(s) belong to Lounge Network.

2.2 You authorise Lounge Network to collect, retain and use any information about you and/or the property which is the subject of the Services for the purposes of performing its Services in terms of this Agreement. Lounge Network may also use the information we collect about you for the purposes of checking your creditworthiness and to compile a mailing list to introduce new services to you. Lounge Network will not pass this personal information onto any third parties.

2.3 You may obtain access to, and correct, any information held by Lounge Network under the Privacy Act 1993.

2.4 Lounge Network may refer to the Client as a user of the Services, but otherwise all terms and conditions of this Agreement shall be kept confidential both by the Client and by Lounge Network.

2.5 You are entirely responsible if you do not maintain the confidentiality of your password and account.

 

3. PRICE

3.1 Lounge Network's charges and the basis of those charges for the Services are set out in the plans section of the web site. Unless specifically stated to the contrary, Lounge Network's charges are GST EXCLUSIVE and the Client must pay any GST payable on the charges invoiced.

3.2 Lounge Network will email to the Client, an invoice for Services provided, which have been recorded by Lounge Network as being chargeable to the Client, where the total amount on the invoice is over $50. Invoices and supporting documentation will be sent in electronic form only. Invoices that are issued, do not form a contract of service, they are solely for tax requirements. If you request that we post you your invoice in the mail, we will charge a $9.95 + GST postage & handling fee on every posted invoice. If the client is paying by Automatic Bank Payment, an invoice will not be sent.

3.3 Lounge Network reserves the right to alter their prices and website and hosting specifications at any time and without prior notice. Current pricing and specifications will be displayed on our website. Where clients have paid more than a month in advance for their hosting, and the hosting pricing increases during the period they have paid for, Lounge Network do reserve the right to charge the client for the difference between the new and old pricing. Paying for more than a month in advance for web hosting, does not guarantee a hosting account price freeze for the period the client has paid in advance for.

3.4 Lounge Network processes most of it's invoices manually. Therefore human may occur with the contents of an invoice. Should Lounge Network make an error or omission on an invoice, Lounge Network will contact the affected client as soon as the error or omission is identified, and will email them the corrected invoice. The corrected invoice will supersede the former invoice. The client must pay the balance on a corrected invoice, if applicable. We recommend all clients check the invoice they receive from Lounge Network, and make sure that the invoices contents are what you are expecting. Lounge Network will not be bound by any invoice that is incorrect, and Clients shall not benefit financially or in any other way, from any errors or omission made by Lounge Network. Errors and omissions are excepted.

3.5 Hosting accounts that go over their allocated quotas (if applicable) will incur overage fees. Clients will be responsible for paying any overage fees their hosting account may incur, if the account goes over any of it's allocated quotas. This may include bandwidth quotas, website storage quotas, or email storage quotas, or any other overuse fees.

 

4. PAYMENT

4.1 Payment for Services shall be made in full without deduction, set off or withholding whatsoever on or before the Due Date as specified on the invoice. If no due date is specified, payment will be required by the 20th of the month or within 14 days of the invoice date, whichever is the sooner. If domain registration is required, payment will be required before domain registration can be processed. All domain registration fees are required to be paid within 7 days of being invoiced. All regular website hosting fees are to be paid before the 1st of the month. Payment for the hosting account is required regardless of whether the hosting account provided to the client is actively being used to host a website or not. Payment for the hosting account is required regardless of whether an active domain name is connected to the hosting account or not.

4.2 Interest may be charged on any amount owing after the Due Date at the rate of 5% per month or part month. Interest will accrue from the Due Date to date of actual payment. Interest on unpaid accounts is compounded monthly. In the case of accounts that are more than two months overdue, an administration fee of $25 + GST may be charged.

4.3 If the Client fails to make payment to Lounge Network for any Service(s) by the Due Date, Lounge Network reserves the right to suspend provision of that and any other Service(s). This will include locking all FTP and email accounts, and forwarding your website URL to our 'suspended account' page. This will usually display the reason for suspension and what is required to rectify the issue. If we do not receive the overdue payment after a further 7 days, the account may be cancelled and deleted at our discretion. This means that all files, folders and information will be lost. Accounts that repeatedly become overdue for a period of 7 days may also be subject to a further $25 + GST fee before they can be reactivated. We will not be responsible for any losses as a result of us taking this step. A suspended account will continue to be billed for.
We work on a 'three strikes and you're out' policy for payment of your account. If your account becomes overdue for a third consecutive time in a row, your account will be suspended immediately and incur the $25 + GST reactivation fee. Lounge Network reserves the right to refuse reactivation of an account if the account repeatedly becomes overdue.

4.4 Any expenses, disbursements and legal costs incurred by Lounge Network in the enforcement of any rights contained in this Agreement shall be paid by the Client, including any reasonable solicitor's fees or debt collection agency fees. In addition, Lounge Network may require a deposit from the Client as a condition of lifting any suspension imposed under this clause.

4.5 Lounge Network does not offer credit to its clients.

4.6 Payment must be made by either Direct Bank Credit or Automatic Bank Payment. Lounge Network does also accept cheque payments in certain circumstances. Prices are already discounted for these types of cash payment. Lounge Network does not usually credit card payments. On rare occasions we may accept payment by credit card via Paypal, and in those cases you will be charged a transaction fee of approximately 5%, and the minimum transaction amount must be over $NZ100. We also may impose additional terms if payment is made by credit card.

4.7 Clients will be billed from the date they signup to our hosting services. Clients will continue to be billed at a regular interval for their website hosting, until the contract is actively terminated by either the client or the Lounge Network. Please see section 13 for more information on how to terminate the contract.

4.8 Should we be unable to contact a client via the email address/s they have provided to us on record, or an account becomes overdue, we may use the accounts primary domain and website to source an alternative email address to communicate with. However this depends on resources we have available at the time. We define 'unable to contact a client' as meaning, us sending an email to the client and no action/payment/response is made by the recipient. Emails that bounce back to us as undeliverable are also deemed as being 'unable to contact a client'. We require clients to provide us with a valid email address that is regularly checked at all times.

4.9 Our regular billing period begins on the first day of the month, and ends on the last day of the applicable month, depending on the billing terms (eg monthly, six monthly, yearly etc). Should a client sign up to our hosting services partway through a month, they will be charged a 'pro-rata' amount for the remaining month, plus the next full billing period. This is so the clients account gets into sync with our billing period.

 

5. LIABILITY

5.1 Our services are used at the customers risk. In no event shall Lounge Network, it's subsidiaries, officers, directors, and employees, be liable to the customer for any claims or damages of any kind, including but not restricted to, loss of data, consequential losses,goodwill, loss in profits, resulting from or related to any failure or delay to provide service under this Agreement. Such delays or failures may include Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.

5.2 Where any Service is acquired for business purposes, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of that service.

5.3 No claim for damage, loss or injury direct or indirect against Lounge Network in respect of any Service(s) supplied by Lounge Network shall in any case exceed either the re supply or the cost of re-supply of the Service(s) giving rise to the claim against Lounge Network and Lounge Network reserves the right to elect either option at its complete discretion. In any case and in respect of which such damage that shall arise and to the fullest extent permitted by law Lounge Network will exclude any liability for:

a) Any loss, damage or injury of any kind whatsoever whether suffered or incurred by the Client or another person whether such loss or damage arises directly or indirectly from services provided by Lounge Network to the Client and without limiting the generality of the foregoing of this clause Lounge Network shall not be liable for any consequential loss or damage of any kind whether direct or indirect including without limitation any financial loss; and

b) Any claim in contract, or in tort, or otherwise for any loss, damage, or injury beyond the cost of re-supply of the Service(s) provided by Lounge Network to the Client.

c) All liability of any kind (including but not limited to negligence) on the part of any third party network operator, its officers, directors, employees, contractors, and agents however arising in the provision of services by such network operator to Lounge Network. This exclusion is included by Lounge Network as the agent of such persons for their benefit and may be enforced by them as a complete defence to any claim.

5.4 The Client shall indemnify us against all claims of any kind whatsoever however caused or arising (including without limitation all sums paid to compromise or settle claims, proceedings and actions out of court) and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of us or otherwise, brought by any person in connection with any matter, act, omission, or error by us our agents or employees in connection with the services.

5.5 We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

 

6. RESPONSIBILITIES OF CUSTOMER/CLIENT

6.1 In addition to any other clauses in this Agreement imposing responsibilities or obligations upon the Client, the Client shall not:

Use or permit the Service(s) to be used in any way which is;

b) illegal, in any way abusive or which constitutes harassment or which causes harm or damage of any sort or contravenes the "Acceptable Use Policy" of that Service; or

c) could potentially damage the Lounge Networks Network or that of any other operator.

d) publish any material that infringes any copyright, trademark, patent, common law, or the rights of others.

We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.

If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.

 


6.2 The Client shall:

a) Pay to Lounge Network all charges that are invoiced by Lounge Network to the Client on or before the Payment Due Date. Our services all operate on a pre-paid basis. This means you must pay for all services in advance.

b) Ensure that all information about the Client is accurate, complete and up to date. If the customer moves premises or postal address changes, the customer must inform Lounge Network as soon as possible. Most importantly, this includes your email address, which is our primary source of communication for invoicing and keeping you up to date.

c) Use the Service(s) for the purpose(s) for which they are provided, and in accordance with Lounge Network's instructions.

d) Accept liability for and indemnify Lounge Network against any costs, expenses or damages incurred by Lounge Network as a result of the customer failing to comply with the terms of this clause.

e) Accept responsibility and liability for any use of Services by the Client, its agents, employees or assignees as well as any third party whether authorised by the Client or not on the Client's premises or over whom the Client otherwise has control and the Client shall indemnify Lounge Network from any loss, damage, liability or expenses incurred by any other person arising from the use or attempted use of the Service(s) by the Client its agents, employees or assigns as well as any third party whether authorised by the Client or not on the Client's premises or over whom the Client otherwise has control.

f) keep all your private access details (eg. usernames and passwords)supplied by Lounge Network , confidential.

g) keep back-up copies of all files and data you publish or store on the servers.

h) Regularly update any website scripts or software that they install on the hosting server. This includes, but not is not limited to, formmail scripts, software that is installed through Fantastico, content management systems, shopping cart software etc. We recommend that customers signup to the regular mailing list of any third party software that they use on their website, so that they are updated on any required important software updates.

i) regularly download their email, and shall not store email on our server for longer than 30 days. We reserve the right to remove stored email without notice. Should an account use over their allocated quota, we reserve the right to delete the largest email accounts and all email in those account that are causing the overages, to bring the account back under quota.
We recommend that you download your email at least once a day from the server, especially if you receive high volumes of email. Our servers are not permitted to be used as a permanent storage facility for email.

j) not use the server for storage of file archives, backing up and / or permanent storage of files and emails, document storage and distribution..

k) not offer free email services, or resell email accounts, unless permitted by the hosting plan you are on.

l) inform us of any changes to your contact details, including your email address. To do this, you will need to notify us of the new details, by filling in our 'Modify Details' Form. This form can be accessed by clicking here. If there is any change to your domain names contact details, including your email address, you will also need to modify your contact details in our Domain Manager by clicking here.

m) inform us if you would like to cancel your hosting account, as discussed in section 13. Hosting accounts are not cancelled automatically at the end of a billing cycle, and will remain active. Therefore you will continue to be billed and invoiced for your hosting space, even if you are not using it. Failure to pay an invoice for an active or uncancelled hosting account, will result in us passing the unpaid account onto our collection agency. More information on how to cancel your hosting account can be found in section 13.

n) effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

o) to be polite and civil in all communications with us.

p) provide us with an alternate email address, not associated with your hosting account and domain name. This is so we can contact you should you have problems with your email account that is hosted by us. All of our free included support is via email only, so we need to be able to contact you if you are having a problem with our own email service. Clients can setup a free independent gmail email account at www.gmail.com

 

6.3 The Client agrees to accept these Terms and Conditions from the date this Agreement is entered and first use of service shall constitute acceptance and until this Agreement is terminated in accordance with the provisions of section 12 and 13 herein.

6.4 It is the responsibility of the customer to keep updated and stay informed of our services. The Client is responsible to make sure that they are up to date with the latest developments, these announcements can be found on our 'Latest News and Status Page' on our website at www.loungenetwork.co.nz . The www.loungenetwork.co.nz website will display network announcements, acknowledgements, and any other relevant information to our customers. All correspondence of any sort that is not personal in nature will be posted on the www.loungenetwork.co.nz website. The client is also responsible for regularly checking the features associated with their hosting plan, as new and old features are added and removed from the servers regularly. Software and features may be removed from a hosting plan without notice, so it is important that clients regularly check the features that are currently being provided.

6.5 Should the customer encounter an issue with the provided services, before contacting us they must follow the troubleshooting process, as set out in the FAQ section of the hosting website, to make sure that the issue isn't at the customers end. For example, the issue could be caused by the customers ISP, their computer, their local network, or the customers firewall. The customer must also check our Network Status Page on our website, at www.loungenetwork.co.nz/statussite.php, to make sure that the issue hasn't already been posted, before contacting us. If the customer needs to contact us to report an issue or with a question, the customers communication to us must be done via email, via the contact form on our hosting website, and include full information we need to diagnose any issue. We do not provide telephone support for our hosting services under any circumstances. From our experience, email is a far more efficient method for communication, and resolving any technical issues. It also allows us time to discuss solutions to questions with other members before we reply to you. Due to this, we are able to pass the cost savings on to our clients with affordably priced hosting plans and domain registration. Therefore please also don't ask us to telephone you back.

6.6 Have a reasonably good knowledge of how to setup and use email, FTP software, and web design software. It is not our job to educate clients on how to perform simple setup tasks with email and website design software. We do not provide support of any web design or third party software issues, including all third party software included in any hosting control panel. All third party software included with any control panel, is provided free to the client, and we don't provide any support for it. Support for all third party software must be sourced by the client from the relevant software developer / manufacturer.

6.7 These terms and conditions may be modified at any time and without notice. All users, both previous and new are always subject to the newest terms posted here at all times. If any modification to these conditions is unacceptable to you, your only recourse is to terminate this agreement.

 

7. PROHIBITED ACTIVITIES

7.1 For a list of activities that are prohibited on our network, please click here.

7.2 Spam & Unsolicited Email Advertising- We will in no shape or form tolerate spamming of any kind. We, Lounge Network reserve the right to suspend or terminate any account without notice or warning that violates this rule. Use of Lounge Network servers signifies acceptance and comprehension of this and every other condition. Lounge Network reserve the right, and at our option may charge $NZ100.00 per genuine Spam complaint we receive. This fee is non refundable and will may be invoiced at the time of any genuine complaint notice. For read our full Anti-Spam policy, please click here.

7.3 Email - You acknowledge that Lounge Network may establish certain limits on use of the service at any time, without limitation to any aspect of the service you are provided at no charge. You will be advised of any limits to be placed on you, by an announcement on our website at www.loungenetwork.co.nz. Your ongoing use after delivery of this notice to you constitutes your acceptance of this limit and/or any related charges.

7.4 Using out dated and/or unsecured website scripts in your hosting account.

We also prohibit the use of the servers for:

(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.

 

8. OTHER TERMS

8.1 Other terms may apply to some of the services provided by Lounge Network to you. Lounge Network will inform you about the terms that apply in those circumstances. For a full list of the documents that make up our Terms and Conditions, please click here.

8.2 Website Backups - As the owner of your website / hosting package or reseller website /  hosting package, backups are your responsibility (or your customers in the case of resellers). This means that you must ensure that you and your customers have up to date and current backups of your / their own website/s or those under your control. Our New Zealand datacentre makes data backups once a day, while our USA datacentre makes nightly server backups. Clients will not have direct access to these server backups. We under no circumstances guarantee the integrity of these server backups in the event that you may need us to access them to restore your website. We also do not guarantee that any form of backup will be available at any time. We must stress that any backup that our datacentre does, are not to be relied upon under any circumstances, as website backups are the responsibility of the customer (website owner), and not Lounge Network . We strongly advise that you backup your own website/s and any associated website data, including but not restricted to, databases and email, as often as is required, to ensure that you always have the latest possible copy of your website/s. Website backups can be made by either FTP, or via the website hosting console. MySQL database backups can be done via the mySQL console (phpmyadmin or similar).
We are not liable under any circumstances, for any associated costs in restoring customers backup data to the server. Restoration of any backup data, to get the customers website working again, is solely the responsibility of the customer.

We assume no liability for lost content if a hardware or system failure occurs and data maintained on the affected servers cannot be recovered from the most recent backups. It is the sole responsibility of the account owner to ensure that they maintain their own backup copy of any materials placed on the Servers, or of any database maintained on any server, in the event we are unable to restore customer content from backup.

AT NO TIME SHALL WE ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

 

9. COMPLIANCE WITH REGULATIONS AND ACCEPTABLE USE

9.1 You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the services.

9.2 Lounge Network will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws.

9.3 Lounge Network may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with Lounge Network Terms. Lounge Network may pass on any material or information it finds as a result to the relevant authority if Lounge Network suspects any illegal or offensive activity is involved, and you will have no claim against Lounge Network for this.

9.4 Lounge Network reserves the right to monitor the customers use of services at anytime with regard to reasonable usage. If it deems your usage is in excess of reasonable, and/or it solely places a strain on Lounge Network's resources or services to its existing or perspective clients, Lounge Network reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing and terms and conditions. In the meantime we reserve the right to suspend services until the new plan changes take effect.

 

10. DISPUTED ACCOUNTS

10.1 If the Client wishes to dispute any item appearing on an invoice rendered by Lounge Network, the Client must write to Lounge Network and seek resolution of the disputed amount by the Due Date. The Client must pay any undisputed amount by the Due Date. If, having reviewed the invoice, Lounge Network agrees that there is a mistake, the mistake will be corrected as soon as reasonably possible. If Lounge Network finds on review of the invoice that there is no mistake, the Client must pay the outstanding sum immediately on being notified of Lounge Network' finding, or on or by the Due Date, whichever is the later.

 

10. JURISDICTION

10.1 The law of New Zealand shall apply to this Agreement.

 

11. ENTIRE AGREEMENT, VARIATION AND NON-WAIVER

11.1 This Agreement contains all of the terms, representations and warranties made between Lounge Network and the Client and supersedes all prior discussions and agreements covering the subject matter of this Agreement.

11.2 No variation or waiver of any provision of this Agreement shall be recognised or binding on Lounge Network unless it is in writing and signed by an authorised representative of Lounge Network.

11.3 Failure by Lounge Network to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of the rights or obligations Lounge Network has under this Agreement.

11.4 If any provision of this Agreement shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

12. SUSPENSION OR DISCONNECTION

12.1 Lounge Network reserves the right to suspend, cancel, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Lounge Network however will endeavor to provide notice when we can. Lounge Network is not responsible for any damages or loss of data resulting from such suspension or termination.

12.2 Lounge Network reserve the right to suspend or disconnect you from the network, if you do not meet any one or more of your responsibilities under this contract. Lounge Network may also discontinue any other services we provide to you at any time. In that situation Lounge Network may also terminate our contract with you. These forms of action may be enforced by us without prior notice.

12.3 Lounge Network may also suspend or disconnect you from the network if a carrier supplying services to Lounge Network suspends or interrupts its service to Lounge Network and that suspension or interruption affects Lounge Networks ability to provide the services to you.

12.4 Lounge Network may also suspend or restrict a service in an emergency or whenever Lounge Network, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.

12.5 If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a re-commencement fee before you can use our services again.

12.6 Normal charges will usually continue to apply, during your suspension or disconnection from our network.

 

13. TERMINATION

13.1 Either Lounge Network or the Client may terminate this Agreement at any time upon giving written notice of its intention to do so. In order for a client to cancel a web hosting account, 'written notice' means that we require that the client follow our Hosting Account Cancellation Procedure, as specified below. Failure of the client to follow our Hosting Account Cancellation Procedure, will mean that the clients hosting account will remain active, and the client will continue to be charged a monthly hosting fee.

If the client changes their mind and decides to cancel the hosting services directly after signing up, and we have already setup your hosting account and sent the client the new details, the client will be charged a $25 + GST administrative fee.

Hosting Account Cancellation Procedure (for web hosting clients):

To cancel your hosting account, the client is required to fill in our 'Hosting Account Cancellation Form', which can be found at the following link http://www.web.loungenetwork.co.nz/hostingcancellation.php
We need to receive your cancellation request, at least 10 days before the end of your current billing cycle, otherwise you will be charged for the next full hosting term, which will roll over from your previous term. For your reference, a full billing month starts on the 1st day of the calendar month, and ends on the last day of the calendar month, and is paid for in advance. The term you signed up for will depend on the payment interval and method of payment you signed up under. For example, If you selected to pay by cheque every 12 months, your minimum payment term will be 12 months, which will roll over every year. Please note that we don't provide pro rata refunds, for any unused part month/s of hosting.

Unless a request is made by the account owner for the hosting account to be cancelled via our 'Hosting Account Cancellation Form', your hosting account will remain active, and we will continue to bill you for your hosting account. The direct link to our 'Account Cancellation Form' is http://www.loungenetwork.co.nz/hostingcancellation.php

Please note that we don't accept hosting account cancellation by regular email, for reasons of security and the reliability of email, so our cancellation form must be filled in, to enter the cancellation request into our system.

Before your hosting account is cancelled, please make sure that you pay us any hosting fees due. If you have setup regular automatic payments into our bank account for your website hosting, please make sure that you cancel these with your bank, once we have accepted your cancellation request. Cancellation of any automatic payments is done by the client with there bank, and is the clients sole responsibility, so it is very important that clients make sure that they are cancelled with their bank. Automatic payments that continue to be received after the cancellation date that the client has nominated, are not able to be refunded. If we continue to receive automatic hosting payments, we will continue to keep the clients web hosting account and associated hosting space active for them to use. Continuing to make automatic payments constitutes agreement to the continuation to use our services under our General Hosting Terms and Conditions, and pushes out the cancellation date the client previously specified on the cancellation form.

If any service has a minimum term contract, the customer shall be liable to pay the monthly charges, as specified for that service, for the full term of the contract.

13.2 Right to Refuse: Lounge Network may at any time and without notice to the customer, cancel, reject, or refuse to continue hosting any Websites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any Website.

13.3 Lounge Network reserves the right to terminate this Agreement immediately if any of the following occurs:

(a) The Client commits any material breach of this Agreement which is incapable of being rectified, or which is not rectified after written notice being given to the Client by Lounge Network;
(b) The Client commits three or more material breaches of this Agreement where notice has been given as stipulated in clause (a) above in any twelve (12) month period;
(c) The Client becomes insolvent or has a receiver or manager of any asset of the Client being appointed or an order or resolution passed for the liquidation of the Client.
(d) The customer attempts to make contact with any of our upstream providers. All correspondence must be made through Lounge Network, or divisions of Lounge Network, and not through our upstream providers.

13.4 Termination of the Agreement by Lounge Network in this way shall not affect the rights or obligations of the parties in relation to any Services provided up to the date of termination.

13.5 Any cancellation or suspension under this clause shall not affect Lounge Network's claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this Agreement or your obligations to this Agreement.

13.6 Where the Client terminates this agreement, the Client is responsible for moving their website and any information stored on the servers, and arranging for the alteration of the DNS settings, before the account cancellation date or the end of their billing cycle. The customer also needs to make sure that automatic payments are cancelled, as any payments made in error are non refundable. Lounge Network will not be liable for any loss of service or data after the contract has terminated.

13.7 If the client decides to revoke the cancellation of their hosting account/s that they initiated, the customer will be charged $20.00 + GST per separate web hosting account, prior to the re-instatement of their account/s. We don't provide any guarantee that we will be able to reinstate the hosting account to how it was prior to it's cancellation, and it may need to be set it up as a blank hosting account. Once we have received payment plus any outstanding fees the customer's account will be reactivated. We reserve the right to refuse the resetting up of any cancelled hosting account.

 

14. WARRANTIES

14.1 No representation, condition, warranty or promise expressed or implied by law or otherwise applies to services except where expressly stated in this Agreement.

 

15. ERRORS OR OMISSIONS

Lounge Network is entitled at any time to correct all errors and omissions (whether typographical, clerical, computational or otherwise) in any advertising, quotation, website, email, invoice or acknowledgement or errors in any other form. Due to the Lounge Network’s administrative processes, errors (if they occur) may be discovered up to 1 year after the service has been paid for by the client. Lounge Network will notify the client promptly of any error or omission discovered by the Lounge Network, and shall be subject to correction without any liability on the part of Lounge Network. Clients shall not benefit financially or in any other way, from any errors or omissions made by Lounge Network.

Although we do our best to ensure that the prices stated on our websites are accurate, errors may occur from time to time. Sometime pricing errors are due to issues with our upstream providers own systems. Where a pricing error occurs, we will not be bound by the incorrect pricing stated, and reserve the right to cancel your order.

 

16. FORCE MAJEURE

16.1 We shall not be liable to you for any loss or damage directly or indirectly, arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, failure of upstream providers, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.

16.2 Nothing in clause 16.1 shall excuse the Client from any obligation to make payment of sums owing to Lounge Network when those sums are due and owing to Lounge Network under this Agreement.

 

17. ASSIGNMENT

17.1 The Client shall not assign all or any of its rights or obligations under this Agreement without the written consent of Lounge Network.

17.2 Lounge Network reserves the right to assign its rights under this Agreement without the written consent of the Client.

 

18. NOTICES

18.1 Any notice given pursuant to this Agreement will be deemed to be validly given if personally delivered, posted or forwarded by facsimile to the address of the party to be notified, or forwarded to the Client's last known e-mail address.

18.2 Any notice given to this Agreement will be deemed to be validly given ;

a) In the case of delivery, when received;

b) In the case of facsimile transmission, when sent provided the sender has a facsimile confirmation receipt recording successful transmission;

c) In the case of posting, on the second working day following day of posting.

d) In the case of posting a message on our website, on the second working day following day of posting on our website.

e) In the case of email, on receipt of delivery confirmation.

 

19. HOSTING STORAGE, TRAFFIC, EMAIL

All hosting (both website and email) diskspace and traffic is 'metered', and have quotas. Hosting quotas maybe changed at anytime without notice. We only host websites that are suitable for a shared web hosting environment. Examples of where we may consider your usage excessive include, but are not limited to:

I. You use your web site storage space to backup and/or store large quantities of files.
II. Archiving of large volumes of email or non‐web site related files.
III. You start using large amounts of bandwidth hosting files for other sites.
IV. Setup one web site, then setup multiple of email accounts for other domains.
V. Streaming Audio, Video or Podcasts
VI. Using your hosting plan for file-sharing purposes Using your hosting plan to host files for other websites
VII. Storing emails for other domain names
VIII. Having a very popular high bandwidth website.
IX. Using IMAP and never deleting your old emails, or never downloading them for local storage / backup.

We will be the sole arbiter as to what constitutes a violation of this provision.

You may not at any time use our services as a permanent storage for any data. This includes using our email servers to permanently store your emails. You must have your own copy of any data you have stored on our servers. This includes emails, where you must download and store your emails locally if you want to retain a copy of them.

 

All Starter Website Package Users are also bound by the following conditions of our provider below.

 

Content guidelines

These types of sites are not allowed on Starter Website Packages:

  1. Adult:  involving nudity in a sexual context, exposed genitalia or adult themes
  2. Copyrighted Content:  music, movies or games that you do not own the rights to
  3. Spam/SEO:  a site whose sole purpose is to gain Google ranking, Facebook "likes", etc
  4. Phishing:  a site meant to trick users into providing their username and password
  5. Illegal Content:  content which may be illegal in the United States or under the laws of other countries
  6. Scams:  get rich quick, pyramid/MLM, or other dubious schemes
  7. Excessive Advertising:  placing excessive advertising on your site, including more than three ad units per page
  8. File Hosting:  including sites that are not created with the Starter Website Packages editor
  9. Injurious Experience:  sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
  10. Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons

This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the Terms below.

1. Acceptance of terms

Your use and access to the website hosting services, websites, communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are available through the website and associated domains of www.designlounge.co.nz (the “Site”) is subject to these Terms of Service ("Terms"). These Terms are the entire agreement between you and Design Lounge Ltd. These Terms will also apply when you use the Service on a trial basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms, do not use the Service.

2. Description of service

Our web-based Service allows users who register for an account (each an "Account Holder") to create and update an online web site. Once registered, each Account Holder receives his or her own Web Site and may post "Content" (defined in Section 7). Any new features on the Service, including the release of new Starter Website Packages tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the Design Lounge Ltd Newsletter. These communications are considered part of Starter Website Packages membership. You may not access the Service by any means other than through the Service interfaces we provide you.

3. Registration

To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a Starter Website Packages ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Design Lounge Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating or using accounts through Design Lounge Ltd.

4. Privacy Notice

Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.

5. Website account and security

You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

6. Proprietary Rights

The Service, all confidential and proprietary software used in connection with the Service, Materials, content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Design Lounge Ltd are owned by us or our upstream provider, or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

“Materials” means any necessary software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.

Starter Website Packages gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Design Lounge Ltd, our upstream provider, or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Design Lounge Ltd or the respective third-party Mark owner.

We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Design Lounge Ltd representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.

7. Your rights in your content

Design Lounge Ltd does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.

8. Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.

By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You will not:

  1. upload, post, transmit or otherwise make available any Content that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    3. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
    4. is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
    5. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Starter Website Packages user to access the Service;
    6. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
    7. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
  2. harm minors in any way;
  3. "stalk," “bully,” or otherwise harass another;
  4. impersonate any person or entity, including, but not limited to, a Design Lounge Ltd official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  7. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
  8. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
  9. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
  10. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
  11. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
  12. include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
  13. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the Starter Website Packages editor);
  14. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or
  15. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

9. Selling Through Starter Website Packages

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Design Lounge Ltd and our upstream providers (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through Starter Website Packages, you must be 18 years or older or at least the age of majority where you reside or from where you use our Services and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.

YOU WILL NOT:

  1. offer or sell any Commercial Products that:
    1. are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S.;
    2. infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
    3. we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
    4. are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
  2. use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.

10. Fees/payment

You may agree to a one (1) month or six (6) month contract agreement with Design Lounge Ltd. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to Design Lounge Ltd, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING DESIGN LOUNGE LTD DIRECTLY.

11. Cancellation; Service Changes

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.

12. Money Back Guarantee

All paid Design Lounge Ltd accounts, except month-to-month accounts, include a 30-day money back guarantee. If you are dissatisfied with such account service for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. Please direct refund requests to Design Lounge Ltd with the subject line: Refund Request. At any time during your contract term, you may upgrade or downgrade your service with Design Lounge Ltd. In the event of a service downgrade, a prorated credit will be issued to your Starter Website Packages account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with Design Lounge Ltd, and cannot be refunded to you in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.

13. Third Party Services, Software, and Websites; No Implied Endorsement

Design Lounge Ltd is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, e-commerce and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Third Party Payment Processors: Starter Website Packages use third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Design Lounge Ltd Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

14. Resale of Service

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Design Lounge Ltd (such as the Design Lounge Ltd Cloud Agreement).

15. Domain Name Registration, Domain Name Cancellation, and Change of Registrar

For the domain name registration services (the “Domain Services”) provided directly to you by Design Lounge Ltd, our Domain Registration Terms and Conditions will apply which can be viewed here.

16. Indemnity

You will indemnify and hold harmless Design Lounge Ltd, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

17. Disclaimer of warranties

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. DESIGN LOUNGE LTD DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
  5. THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER DESIGN LOUNGE LTD USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF DESIGN LOUNGE LTD. DESIGN LOUNGE LTD IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY DESIGN LOUNGE LTD DOES NOT IMPLY AN ENDORSEMENT THEREOF BY DESIGN LOUNGE LTD, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.
  6. NEITHER DESIGN LOUNGE LTD NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  7. DESIGN LOUNGE LTD AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.

18. Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGN LOUNGE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL DESIGN LOUNGE LTD, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

19. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

20. U.S. Government Restricted Rights

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.

21. Agreement to Arbitrate; Class Waiver

We want to address your concerns or issues before filing a claim against Design Lounge Ltd. Please contact us at www.designlounge.co.nz. We'll contact you by email to informally resolve the dispute. You or Design Lounge Ltd may start a formal dispute resolution process if a dispute is not resolved within 10 business days of your submission.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

Any claim relating to these Terms that is not resolved through our informal process, or as set forth below, will be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with JAMS Rules. The arbitration will take place in San Francisco, California, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding arising from these Terms will be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. You and Design Lounge Ltd agree to submit to the personal and exclusive jurisdiction of the courts in San Francisco, California. REGARDLESS OF ANY STATUTE OR LAW TO THE COUNTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUR OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

22. General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Design Lounge Ltd shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Design Lounge Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Design Lounge Ltd to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

23. Violations

Please contact is to report any violations of these Terms.




All prices exclude GST unless otherwise stated. Errors and omissions excepted.
© Copyright Lounge Network, a division of Design Lounge Ltd 2001-2017