Terms of Service Agreement
For customers utilizing website hosting, website development, or other services provided by Invercargill Digital Marketing.
Following are terms of services for website hosting, domain registration, and website development services provided by Invercargill Digital Marketing (IDM). The customer shall provide billing address and any other information necessary for IDM to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Invercargill Digital Marketing and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 20th of the current month’s hosting service. Termination of Website Hosting Services with Invercargill Digital Marketing requires a 15-day advance notification via phone or email. If a customer chooses to activate their domain name through IDM, their domain name registration will expire with their hosting service. IDM reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. IDM reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: IDM may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
3. Payment Terms Website Development:
A. Semi-Custom Website Development: IDM requires the first month for semi-custom website subscription services, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.
4. General Payment Terms: Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If you default, you agree to pay IDM its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. IDM exercises no control over the content or information contained on the servers used for hosting. IDM will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. IDM is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Iceberg provides or the software used by the customer.
6. Service Interruptions: IDM is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact IDM immediately via e-mail or telephone.
8. Third Party Networks: Any access to other networks connected to Invercargill Digital Marketing’s network must comply with the rules appropriate for that other network.
9. Disk Storage and Bandwidth: Invercargill Digital Marketing will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Invercargill Digital Marketing will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, IDM shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Invercargill Digital Marketing (email@example.com or 022-400-6030) to discuss options for increased disk storage.
Invercargill Digital Marketing prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Invercargill Digital Marketing harmless from any claims resulting from his/her use of Invercargill Digital Marketing’s services that damage the customer or another party. Use of Invercargill Digital Marketing’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay IDM any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
11. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by IDM. Should services or resources fall above the scope of the original proposal, IDM reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at IDM’s discretion.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by IDM will result in delay of project, or risk putting the project on hold. Iceberg may invoice customer for additional resources should the delay of a project interrupt IDM’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Iceberg’s hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Iceberg’s discretion.
15. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, IDM may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide IDM with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at IDM’s discretion. Once a project is complete, all changes requested will fall under Iceberg’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by IDM.
16. Termination/Cancellation Policy: Invercargill Digital Marketing requires a 15-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, no contract is required.Services can be cancelled at anytime. Two years of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.