Terms of Service
Customer agrees to the following terms of service:
1. Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed
each month in perpetuity subject to written cancellation by the Customer.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the
date of the initial order and that date shall serve as the monthly anniversary date for all
future billings including one time fees, additional services, cancellations and
service credits. Fees are due in advance of the monthly service cycle and will be billed
on the anniversary date of each month.
3. One Time Fees: One time fees, such as setup fees, administrative fees, custom development fees, bandwidth
overages and late fees are due and payable at the time they are incurred, and agreed upon
in writing or via email with approval.
4. Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services.
Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
5. Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services.
Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation.
Notice of cancellation can be mailed to Nosh Merchant Limited, 9E - 2 Whitaker place, Grafton, Auckland.
All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
6. Refunds & Disputes: All services rendered by The Company are non-refundable.
This includes, but is not limited to: setup fees, one time fees, monthly service fees, additional service fees, administrative fees, and late fees.
Customers seeking to resolve billing errors are instructed to contact Nosh Merchant Limited with any methods listed on contact us page.
Customer agrees not to chargeback any credit card payments for services rendered.
A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
7. Non-Payment: All payments are due in full on the monthly anniversary date.
Failure to remit payment for services on the monthly anniversary date is a violation of the TOS.
Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a suspension of public access to Customer services.
Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, shall result in termination of account and all services shall be reclaimed.
A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly anniversary date.
A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected.
All Customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
8. Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention.
These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks and other situations involving customer data.
Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
9. Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines.
Company agrees not to use Customer name, logos, or information without prior written consent of Customer.
10. Laws: Customer agrees to abide by all local laws pursuant to services delivered in New Zealand.
All contract terms found herein shall be bound by New Zealand laws.
11. Limitation of Liability: The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize
the services unless caused by gross negligence or willful misconduct.
Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental,
consequential or punitive, or damages of any kind whether or not they were known or should have been known.
Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates,
under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for the services for the six
moths prior to the occurrence of the event(s) giving rise to the claim.
12. Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled
by arbitration in accordance with New Zealand Arbitration Act 1996.
The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
13. Electronic Signature: Acceptance of the Terms of Service, Acceptable Use Policy and Privacy Agreement hereby initiates billable
services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.