Standard terms for all NetValue clients
Our Services to You
Thank you for becoming a registered subscriber to NetValue. Some of the services are subject to separate terms and conditions.
Business and Domestic Use
These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Act applies and nothing in these terms and conditions limits your rights under it.
What we Provide to You
For those using our domain name services, please also refer to the Domain Names - Terms and Conditions
For those using our web hosting services, please also refer to the Hosting and Email Services Agreement
For those using our co-location and dedicated server please refer to the applicable agreement.
Your Obligation to Pay Us
Please refer to the NetValue Account Payment Policy
Our refund policy is as follows:
You are entitled to a full refund of all money that you have paid if you make a request for refund within 30 days of becoming registered providing you use less than 200MB of bandwidth.
Customers who close an account with a credit balance of $10.00 or more can have that credit carried over, should they choose to reopen that account within three months.
At our discretion, if we consider that you have received poor service from us we may provide a credit to you.
If you subsequently close your account, that credit will be carried over should you choose to reopen that account within three months.
With the exception of customers closing accounts within 30 days of becoming registered, there are no refunds for credit balances on accounts.
Should you pay your account by automatic payment, cancel your account, and fail to stop your automatic payment, you shall be refunded any over-payment less an administrative fee of $50.00.
Your Use of our Services
We provide domain name, web hosting, email and related services. We do not own or control the various sites or offerings available through the internet or the facilities and information line through which access is provided. In using our services you agree to the following:
You will maintain the security of your account login and password. You agree to change your password when requested to do so by us.
You warrant and agree not to use the service to breach anyone else's rights or to break the law. By way of example only, this means, that no statement, representation or information contained in the host web site is or is likely to be misleading or deceptive or to otherwise infringe fair trading legislation, is at all defamatory, in breach of copyright, trademark, third party's contractual or tortious rights or other intellectual or industrial property right of any third party and NetValue; or is otherwise in breach of any provision of any statute, regulation or rule of law. You must indemnify us against any claims or legal proceedings which are brought or threatened against us by any other person.
We explain what this means in the section entitled "Indemnity".
You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
You agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. Any "one-to-many" Internet communications used for advertising purposes, whether IRC email or other link or medium is a serious breach of these terms and conditions.
If you do not comply with this requirement you will be immediately terminated from our service without warning. You agree to pay us upon demand any costs or losses incurred by us as a result of your using our service in those ways.
If you do not follow these rules and we are sued or suffer loss you agree that we can recover our costs and losses directly from you upon demand.
We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that you use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
Use of Personal Information
If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes.
You authorise us and our agents to supply and disclose personal information as to your credit-worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services.
Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.
Additional Rights of NetValue as the Service Provider
We can terminate any of the services that you have subscribed for without notice or liability. Subscriber use of our services may sometimes result in overload. We have the right to terminate any process that appears to be causing an overload on a server.
Communications and Notices
We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.
We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) on the world wide web on our web site or any other appropriate means.
Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.
Limits on our Liability
By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either express or implied.
In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the Consumer Guarantees Act 1993.
You must indemnify us against any claims or legal proceedings arising from your use of the service under this Agreement (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement), which are brought or threatened against us by any other person.
If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.