Document 1.3 published 1 January 2004

Who we are 
Webmarkworld.com is a wholly owned subsidiary of Webmark New Zealand Limited, a private, limited company, incorporated in 1997, with a fully paid shareholding and administration headquarters in Auckland New Zealand, serving global clients as an established marketing consultancy

About this agreement

Please read this document carefully.
Your use of services provided by Webmarkworld.com and, or, Webmark New Zealand Limited (in this agreement also referred to as "Webmarkworld.com", "Webmark", "company", "our", "we" or "us") is subject to the terms and conditions of this agreement.

The words "you" and "your" in this agreement mean the individual and, or, organisation who requested service, or was declared as CLIENT, or entered as CLIENT on the request for service form, when service was requested, and also includes a person who generally acts with the authority of you and, or, your organisation, or on whose behalf service was requested.

This agreement begins when we tell you your application has been accepted by us, or you use any of our services subsequent to the delivery or notification of this document.   Either party may terminate it by sending a letter or facsimile message to the other.

We may change this agreement on 30 days notice by sending a letter, facsimile or e-mail message to you, at an address notified by you to us.  If you continue to use our service after we have notified you, then you agree to the changes we have made. 

Proof of posting, or statement of sending, or delivery shall be sufficient to show receipt of such notice, or receipt of this document,  by an officer or person responsible.

What we agree to do:

Providing you with service
We strive to provide a reliable 24-hour a day service.  If you experience a service quality problem, we will do our very best to resolve it to your satisfaction as soon as possible after notification by you.
We will deliver the content of any service bought or subscribed to by you, within the terms or parameters of our published specification for that service.
We will work with you, using material supplied by you, to provide the style, functionality and finish mutually agreed upon as necessary when a project is commenced, within the terms or parameters of any specified service that we provide.

Our use of Information provided by you
We agree to only use information provided by you to: -

· deliver services you have ordered

· check your credit and collect any money owed

· tell you about our services

We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.

What you agree to do

Using our services
Each of our services has an acceptable use policy.  You agree to ensure that everybody with knowledge of an Account ID or a login detail, allocated to your customer account complies with the relevant acceptable use policy.

You agree to accept responsibility for all aspects of use of our service by anybody using an Account ID or login detail allocated to your customer account.

You agree to ensure our service is not used for any activity that breaches the law or infringes another person's rights.

You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.

The above clauses do not apply in the event of an Account ID or login detail being unlawfully obtained from our systems or us by a third party.

Providing us with Information
You agree to provide us with accurate information about yourself and your organisation.  You also agree to provide us with any information we reasonably ask for to help us provide services to you.

Payment of fees
You agree to pay us in full before the due date for all services billed to your account.  You agree, if we request, to pay for services in advance of supply or delivery. If you don't pay on time, then you agree to us suspending any or all of your services until payment has been received.

You agree to pay us penalties of 5% per month, calculated monthly on the last day of each month, on all amounts outstanding at that time.
You agree to pay us any reasonable expenses we incur in collecting any overdue amount you owe us, or recovering payments which have been dishonoured, or are due under the terms of this agreement.

Prices and Payments
All prices for our services are quoted in United States dollars and in the case of New Zealand domiciled clients exclude goods and services tax unless stated otherwise. (New Zealand domiciled clients may be offered quotes entirely in NZ dollars.)
Charges may be levied in New Zealand dollars, and converted at prevailing cash exchange rates on the day of charge, or at our discretion the day of invoice.
Charges to credit cards, for costs incurred in US dollars, will be made in New Zealand dollars, converted as described above. We use the services of Oanda .com as authoritative suppliers of exchange rate data.
You agree to us charging you in this manner should a credit card be used to make payment.
Similarly, payment by International bank drafts should be made in New Zealand currency, converted as described above. We will supply a NZ dollar invoice upon request.

Credit Card Payments
Payments for services may be made by some brands of credit card. Where you have supplied to us credit card details, with instructions to use those details for recurring payments, you acknowledge the standing of those instructions and you agree to honour all charges so levied, until the arrangement is cancelled by you in writing. You agree to honour all charges so made prior to any such notification in writing made by you.
Further, where extraordinary work may be requested by you we will raise an invoice. You may be offered the opportunity to have that cost met by the credit card you have previously instructed us to use. However, we will not charge that card until the invoice has been delivered to you and a forward charge date (normally 7 days) has been specified in that invoice to allow you to consider it.
Should you choose not to query the invoice, nor pay by any other offered means prior to that notified payment date, you agree to us charging your credit card as detailed above, and agree to honour such charges.

Cancellation of services
You may cancel a service at any time by sending us a letter or a facsimile message. 
In the case of ongoing services which are delivered and charged monthly, effect of cancellation shall be as at the end of the current month of supply, except that where continuation of service delivery may be considered by either party to be detrimental to either party’s business, service will be suspended as soon as reasonably practicable. You will have no liability for further fees following cancellation, other than those due at the time of cancellation and for the remainder of the month of cancellation.
If you instruct us to cancel, acquire, renew, or manage any domain name or name service, you agree to give us all authority to act on your behalf with the relevant domain controlling authority, registry or registrar, as the case may be. If we charge you a fee for any domain name service and that fee is not paid, or if you have indicated that a domain name service or domain name is not to be renewed, you agree that service may be suspended, the domain name may not be renewed and may, upon expiry, be transferred to alternate ownership or registrant, or released to the open market by the relevant controlling authority, registry or registrar in due course as they may decide. In the absence of explicit instructions we may at our discretion renew the domain name, and under these terms of trade, may hold you responsible for all costs.

Indemnifying us
You agree to indemnify us and our employees from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected with the use of our service by yourself or any person with knowledge of an Account ID or login detail allocated to your customer account.

The above clauses do not apply in the event of an Account ID or login detail being unlawfully obtained from our systems or us by a third party.

You agree to continue indemnifying us after this agreement has ended.

Limitation of Liability

Our services are provided for business purposes.

You agree that we, our employees, or suppliers, and our contractors have no liability to you or any other person for any losses, costs, or damages that may be caused by: - 

• Your use of our service 

• Your use of a service which does not meet your needs 

• Your use of information provided by us 

• The inability of a third party to act in an expected manner

• Our inability to provide reliable service 

• Events over which we have no reasonable control, such as events of “force majeure” including fire, storm, earthquake, declared war, terrorist acts, electrical outages, labour disputes and similar.

You agree to the limitation of liability continuing after this agreement has ended.

Special Provisions

Protection of children's rights
You acknowledge that some content accessible on the Internet is unsuitable for viewing by children, young adults and others.

You agree to inform us immediately if your website or any directly linked website contains any material that may reasonably be considered objectionable or unsuitable for viewing by children and young adults or others.

You agree to ensure that no minor will use our service with an Account ID or login detail allocated to your customer account unless they have your express permission and are under your personal supervision.

Use of information
The quality and accuracy of information obtained from the Internet varies considerably.

You agree that it is your sole responsibility to determine its usefulness, and that we are not liable for any loss you or another person may incur as a result of using information obtained from the Internet using our service.

Suspension of services
If in our opinion there has been a breach of a company acceptable use policy by a person using an Account ID or login detail allocated to your customer account, you agree to us suspending the service concerned without notice.

Any use of our service which is in our opinion questionable, shall be examined by us and a determination made by a representative of Webmarkworld.com as to it’s acceptability or otherwise.

You also agree that neither you nor any other person is entitled to any compensation or refund from us as a result of us suspending your service.

General Provisions:

Price changes
We may change the price of our services without notice.
Where a quotation, or estimate of costs has been given, whether or not as the result of a brief or specification or any other means, we may make additional charges for any work requested after the issue, or outside the scope, of that quotation or estimate.

Goods and Services Tax (New Zealand)
New Zealand Government requires that goods and services tax be applied to all sales made to New Zealand domiciled clients.
In the case of New Zealand domiciled clients, charges exclude goods and services tax unless stated otherwise. They will be added to any final tax-exclusive sale amount.
Exported items: Generally, clients not domiciled in New Zealand will have goods and services supplied as zero-rated items and are therefore not liable to pay any goods, services or sales tax.

Ownership
Property, rights to and ownership of any supplied goods or services will not pass to the customer until payment in full of the purchase price of the goods or services and all other amounts owing is received.
Material created or written by us, our staff, employees, or contractors, shall carry a standard assertion of copyright to us.

Laws
The law of New Zealand governs this agreement.  Any court action in respect of this agreement or any service resulting from or subject to this agreement will, or may at our sole discretion, be taken in a New Zealand Court. If any provision that is not fundamental in nature is illegal or unenforceable, then the remainder of the agreement will remain in full force.

Effect of law: If any provision of this document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the document 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 our services must be filed within six (6) months after such claim or cause of action arose or be forever barred.

The section titles in this document are included for convenience only and may have no legal or contractual effect.

Supply of service may also include Site Hosting and E-mail Service. 
Each of these services has an acceptable use policy which becomes integral to this agreement.

<< Site Hosting Acceptable Use Policy
<< E-mail Service Acceptable Use Policy

End