Terms & Conditions

Welcome to AptApp’s hosting, management and support services. These Terms and Conditions are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

By registering to use a Service provided by us, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of the entity or organisation that you may represent. You are deemed to have agreed to these Terms both personally and on behalf of any such entity or organisation.

These Terms were last updated on 30 October 2015.

Definitions
1. "Access Fee" means the monthly fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website (which we may change from time to time on notice to you).
2. "agreement" means these Terms and Conditions.
3. "service" and “services” means any service the we provide to you.
4. “we” means AptApp Limited. “us” and “our” have a corresponding meaning.
5. "Website" means the internet site at the domain www.aptapp.net or any other site operated by us..
6. "you" means person who registers to use a service, and includes any entity or organisation on whose behalf that person registers to use the service. "your" and “yourself” have a corresponding meaning.
Terms of Payment
1. You agree to pay us for the services received from us in advance of the time period during which such services are provided.
2. Invoices will be issued monthly at the start of each month and will be sent by email to the last email address provided to us by you.
3. Payment is due within 14 days of the invoice billing date.
4. Any questions regarding the charges on an account must be addressed within 14 days of the billing date. Where a charge is in dispute you may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
5. If payment is not received by the due date, we will endeavor to send an overdue notification by email to the last email address provided by you, stating the amount owing and a service suspension date.
6. If payment in full has not been received by the advised suspension date, your services will be suspended without further notice and reconnection fee of $50.00 + GST will apply.
7. Suspended accounts will be canceled after a further 60 days, at which time all data and account settings are deleted from our servers.
8. If any outstanding service fees have still not been received, your account will be referred to our debt collection agency and you will incur all costs of collection pursuant to the Fair Trading Act, 1986.
9. We reserve the right to refuse service to any individual, organisation or company which has previously not complied with our Terms of Payment.
Exceeding Usage Quota
1. You are liable for all overuse on your account and must pay all service overuse charges as they arise.
2. We reserve the right to upgrade your account if it regularly exceeds your usage quota, where this is a lesser charge than overuse. In the event of an upgrade, we will provide 14 days notice of the change and the new fees that may apply. You can downgrade your account at anytime once usage has been reduced.
Acceptable Use
1. You accept responsibility for all information and material issued or uploaded to the service that we provide you, and you indemnify us against any liability in relation thereto.
2. The services that we provide may be used only for lawful purposes. You may not use our services to transmit, distribute or store material (a) in violation of any applicable law or encourage conduct that would constitute a criminal offense, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others or give rise to civil liability, or (c) that is obscene, sexually explicit, racist, prejudice due to color, creed, or belief, threatening, abusive, intimidating, hateful, or otherwise defamatory.
3. You may not use our services to transmit, distribute or store any material that contains a computer virus or other malicious software.
4. You may not use our services to initiate, undertake or aid any hack, virus, Trojan, "Denial-of-Service" attack or other malicious activity against any person, institution, entity or organisation;
5. You may not use our services to initiate any unsolicited mail or "spam" mail to any person, institution, entity or organisation. You may not use our services to attempt to nor to undermine the security or integrity of our services, computer systems, networks or hardware.
6. We will be the sole arbiter as to what constitutes a violation of the ”Acceptable Use” provisions. Any account associated with a violation by be suspended or terminated without notice.
Provision of Service
1. We endeavour to provide a continuous uninterrupted service at all times; however the Service provided to you is not fault-free and relies on factors outside our control. The service is provided to you at such times and means as we decide.
Suspension of Service
1. We may from time to time suspend the service during any technical failure, modification or maintenance involved in the Service, In this case we will attempt where possible, to provide reasonable notice of such a suspension and will endeavour resume the Service as soon as reasonably practicable.
2. We may suspend the service if you fail to comply with any of your obligations under this agreement, including but not limited to the Terms of Payment.
3. We will be the sole arbiter as to what constitutes a violation of the provisions in sections 3.2 to 3.6 and should we deem a violation has occurred, we reserve the right to immediately suspend your service without notice.
4. If activity on your site affects the performance or security of our service or server systems, at our sole discretion, we reserve the right without notice to immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the service and server system as a whole.
5. We may at any time and without notice, suspend the service without providing any reason prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised.
6. You shall remain liable for all charges due through the period of suspension.
Service Cancellation and Account Termination
1. Either party may cancel a service or terminate this account with 30 days written notice. We will not accept verbal instructions to cancel a service or terminate your account.
2. You fully understand that until and unless you provide us written notice of your desire to cancel any or all services received, those services will continue to be provisioned and invoiced on a recurring basis. In order for the account to be terminated, it must be paid in full at the time of termination.
3. We reserves the exclusive right to suspend a services or terminate your account where we have reasonable grounds to believe that you have breached any of these Terms and Conditions.
4. Your account will be automatically terminated on cancellation of the last service that we provide to you.
5. Any balance owing on an account will become immediately payable on giving notice of termination and in no circumstances shall you be entitled to any refund of payments made under this Agreement.
6. Upon termination or your account, all of your data, back-ups and configurations will be deleted from our servers.
No warranty
1. We give no warranty about the services. Without limiting the foregoing, we do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. To avoid doubt, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied or excluded in so far as is permitted by law.
Limitation of Liability
1. To the maximum extent permitted by law, we exclude all liability and responsibility to you (or to any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of data, business, income or reputation) or damage resulting, directly or indirectly, from any use of, or reliance on our services.
2. We shall not be liable for any failure or delay in the performance of our services, which is caused by circumstances beyond our reasonable control including but not limited to fires, explosions, severe weather, earthquake, flood or other acts of God, industrial disputes, insurrection, riots, civil unrest, acts of war, terrorist actions, government acts or regulations, DNS caching, propagation or other DNS issues outside of our reasonable control, denial of service attacks, hacking attacks, phishing or failure or outage of any telecommunications links or other connections forming part of the Internet which are not under our control.
3. We make every reasonable effort to maintain the uninterrupted operation of the services, subject to regularly scheduled server and network maintenance cycles. In no event shall we be liable to you or any other party for any cost, loss (including loss of income or other consequential damage) arising from our supply or failure or delay in supplying a service including as a result of our own negligence or caused by any software hosted or designed by us.
4. If you suffer loss or damage as a result of our negligence or failure to comply with these Terms, any claim by you against us arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by you in the previous 12 months.
5. If you are not satisfied with a service, Your sole and exclusive remedy is to cancel the service in accordance with Clause 7.
Indemnity
1. You agree to indemnify us against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using a Service provided by us.
2. You shall indemnify us against any loss (including any loss of profit) incurred by us as a result of your breaching any of these Terms and Conditions including damages in respect of any period up to and including the date of actual termination.
3. You also acknowledges that we do not vet or approve, and therefore do not accept any liability for any information or material available through any service. To the full extent permitted by law you access and use such information and material at your own risk.
Ownership
1. All information loaded to the service by you will remain your property.
2. You acknowledge that all "Intellectual Property Rights" pertaining to any enhancements, modifications or customisation of the software or services provided by us (whether or not such enhancements, modifications or customisation were recommended, created or paid for by you) will belong in ownership with us and you shall not contest ownership.
3. We maintain control and any ownership of any and all IP numbers and addresses that may be assigned to you or your service and we reserve the right to change or remove any and all IP numbers and addresses.
Privacy and use of Information
1. We will respect the privacy of the your information and will not use any information for any purpose other than in providing the service to you.
2. We will not reveal, sell, or in any way divulge information about you or your usage of our services to any individual, business, marketing, or research group without your prior written consent or without legal warrant.
3. If we are legally obliged to provide information belonging to, or about you to a third party, then we will attempt to inform you prior if possible, to providing the information.
Amendments
1. We may without advance notice amend the Terms and Conditions from time to time, and will do so by posting the new Terms and Conditions on our website in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check our website for updates to the Terms and Conditions.
2. We reserve the right to alter the pricing for our goods and services from time to time. We shall give you 30 days notice of any such change.
Notices
1. All notices under this agreement shall be sent to your last known email address. It is your responsibility to ensure that you keep us informed of your current and active e-mail address.
2. If you wish to send a notice to us, you can do so by emailing admin@aptapp.net.
General
1. You cannot assign your rights under the agreement without the our prior written consent. We may transfer our rights and responsibilities under this agreement to another party with 30 days' written notice to you.
2. This agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
3. Each provision of this agreement shall be construed separately. If the whole or any part of any such provision may prove to be illegal or unenforceable, this shall not affect the legality or enforceability of any other provision of this agreement and the parties shall try to agree substitute provision for that which is invalid or unenforceable.
4. No waiver of any breach of this agreement will be deemed to be a waiver of any other or any subsequent breach. The failure of any party to enforce any provision of this agreement will not be interpreted as a waiver of the provision. A provision of or right created under this agreement may not be waived except in writing signed by the party granting the waiver.
5. This agreement contains the entire agreement between you and us for the services and supersedes all prior agreements and/or understandings and any other communications relating to the provision of the services.
Disputes
1. A party claiming a dispute has arisen under or in relation to this agreement must give written notice to the other party specifying the nature of the dispute. On receipt of that notice, the parties will use all reasonable endeavours to resolve the dispute by discussion, consultation, negotiation or other informal means.
2. If the dispute is not resolved within 21 days of the notice being given pursuant to the clause above (or within such further period agreed in writing by the parties) either party may, by giving written notice to the other party, require the dispute to be determined by the arbitration of a single arbitrator. The arbitrator will be appointed by the parties or, failing agreement within 7 days of the notice requiring arbitration, by the President or Vice President of the New Zealand Law Society on application of either party. The arbitration will be conducted as soon as possible and in accordance with the provisions of the Arbitration Act 1996.