Terms and Conditions

1 – Definitions

“We” or “us” means Staccum Limited.

“You” means the person or entity purchasing the services.

“Agreement” means these Terms and Conditions, together with any invoice, quote, statement of work or other written agreement that refers to them.

“Services” means any website hosting, domain registration, domain renewal, DNS management, website maintenance, backup, data transfer, technical support or other service we agree to provide to you.

“Site” or “Website” means the collection of web pages, files, databases and related content identified by a common domain name and published through the services.

2 – Web hosting, domains, and optional services

  1. Our website hosting is provided on a best-efforts basis. We do not guarantee uptime, availability, performance, page speed, uninterrupted access, or that the services will meet any particular business requirement.
  2. Compute, storage and networking resources are not guaranteed and are provided on a fair-use basis. Your use of the services must not be excessive, abusive, unlawful, insecure or unreasonable in our reasonable opinion.
  3. Unless expressly agreed in writing, we do not provide email hosting as part of our standard services. Where email-related services are provided for a legacy customer or by separate agreement, those services are provided on a best-efforts basis and may be subject to additional terms, supplier rules and charges.
  4. We take weekly system-level snapshots of the hosting environment. These snapshots are intended for system recovery and operational resilience only. They are not a guaranteed backup, archive, disaster-recovery service or point-in-time restore service for any individual website, database, mailbox or customer account.
  5. Daily backups, website-level backups, database-level backups, mailbox backups, retained backup archives, disaster-recovery arrangements or other backup services are not included unless separately agreed in writing and paid for by you.
  6. We do not guarantee that any backup, snapshot or retained copy will be available, complete, current, restorable or suitable for your needs. You are responsible for keeping your own backups of any important website content, data, media, files, records or business information.
  7. We may replace, overwrite or delete snapshots as part of our ordinary backup cycle. Unless separately agreed in writing, we do not retain snapshots or backups for any minimum period and we do not provide customer-accessible backup archives.
  8. If you ask us to restore, export, investigate or recover any data, website, database, file, backup or system, that work may be charged at our standard hourly rate unless the work is required because of our own error.
  9. We may retain administrative access to websites, hosting accounts, DNS, domains or related systems for maintenance, security, support, billing, suspension and recovery purposes. You must not revoke or modify this access without our written agreement.
  10. Unless otherwise agreed in writing, you are responsible for all website content, software updates, plugin updates, theme updates, licences, website maintenance and security hardening for your website.
  11. We will make reasonable efforts to provide a safe and secure service, but you are responsible for any issue, breach, loss, damage or interruption arising from your content, your users, your passwords, your software, your website configuration, your lack of maintenance, your third-party plugins or themes, or any changes you or your authorised users make.
  12. You are responsible for and own all content on your website. You must not use our services to host, publish, send, link to, promote or distribute anything unlawful, misleading, harmful, infringing, abusive, malicious or otherwise likely to damage our services or reputation.
  13. You must not use our services for bulk emailing, spam, phishing, malware, unlawful scraping, credential harvesting, unauthorised access, denial-of-service activity or any other abusive or unlawful activity.
  14. We may take offline, suspend, restrict, remove or otherwise make unavailable any website, service, file, content, account or access where we reasonably consider it necessary to protect the security, integrity, availability or reputation of our services, comply with law, respond to a third-party complaint, prevent harm, or manage non-payment. Where practicable, we will inform you of the reason for any suspension expected to last longer than seven days.
  15. You must keep all usernames, passwords, access keys and other confidential account information secure. You must notify us immediately of any known or suspected unauthorised access, loss of credentials, security breach or misuse of the services.
  16. You cannot transfer your account, services or rights under this Agreement to another entity or person without our written approval.

3 – Domain registration, renewal and management

  1. Domain registration, renewal, transfer and use are subject to the rules, policies, terms and conditions of the relevant registry, registrar, naming authority and domain provider. You are responsible for complying with those rules.
  2. We may register, renew, transfer or manage domain names for you where we agree to do so. We do not guarantee that any domain name is available, capable of registration, capable of renewal, capable of transfer, or able to be registered or held by you.
  3. You are responsible for ensuring that any domain name you request, register, renew, transfer or use does not infringe any third-party rights and does not breach any law, registry rule or registrar requirement.
  4. Domain registration, renewal and administration charges will be charged as quoted, agreed or invoiced at the time. Domain registrations, renewals, registry fees, registrar fees and other third-party domain costs are non-refundable once incurred, unless the relevant registry or registrar refunds them to us.
  5. Where we hold or manage a domain name on your behalf, we may require you to provide information needed to verify the registrant, maintain accurate registration records, comply with registry or registrar requirements, or complete a requested transfer.
  6. If there is a dispute about a domain name, we may suspend changes, decline transfer assistance, withhold DNS changes or take other reasonable steps while the dispute is being resolved, except where registry, registrar or legal rules require otherwise.
  7. We may withhold transfer assistance, DNS changes or release of domain-related account access where domain-related charges remain unpaid, except where registry, registrar or legal rules require otherwise.
  8. We are not liable for any loss arising from the registration, non-registration, renewal, non-renewal, transfer, non-transfer, expiry, cancellation, suspension, misuse, dispute or loss of a domain name, except to the extent caused by our own fraud or wilful misconduct.

4 – Payment

  1. Payment for website hosting, domain-related services and other recurring services is made 12 months in advance unless otherwise agreed in writing, with the first month charged in full regardless of when service provision starts. The service period is inclusive of the dates stated on the relevant invoice.
  2. Charges for other work will be invoiced at the time and payment is due in accordance with the payment terms stated on the invoice.
  3. We endeavour to have invoices dispatched on the first business day of the month.
  4. Payment terms are strictly net.
  5. Balances one month or more overdue may attract:
    • A one-off Late Payment Account Establishment Administration Fee of $200 + GST, applied as of the invoice due date; and,
    • A Monthly Late Payment Account Administration Fee of $95 + GST for each further month, or part month, that the account remains overdue after the first month overdue; and,
    • Interest on the overdue amount or amounts, including fees where applicable, at a per annum rate of the benchmark 90-Day Bank Bill rate plus a 10.5% risk margin, calculated daily and charged monthly, beginning at the invoice due date.
  6. Where an account is overdue, we may suspend public access to any website, hosting service, email service, domain-related service or other service we provide until all overdue amounts have been paid in full.
  7. If services are suspended for non-payment, we may charge a Suspension Administration Fee of $45 + GST.
  8. If services are reinstated after suspension, we may charge a Standard Reinstatement Fee of $60 + GST where reinstatement only requires routine administrative or technical work.
  9. If reinstatement requires additional technical work, including restoring backups, reconfiguring hosting, DNS, SSL certificates, email, website files, nginx configuration, plugins, databases or domain records, that work may be charged at our standard hourly rate of $120 + GST per hour, with a minimum charge of $60 + GST.
  10. Overdue accounts may be referred to a debt collection service at our discretion. You will be liable for any actual and reasonable costs incurred by us in recovering amounts owed by you.
  11. Payment must be in New Zealand dollars and made by bank transfer to our bank account as noted on our invoices.

5 – Termination

  1. If you fail to make payments as they fall due, we will endeavour to keep your services operating, but we may suspend the services and/or terminate provision without notice and at any point. Any late-payment fees, interest, suspension fees, reinstatement fees and debt-recovery costs will be handled in accordance with section 4.
  2. If you break any of these terms and conditions, we may suspend the services and/or terminate provision without notice.
  3. If you are a company and you go into insolvent liquidation, an administrator or administrative receiver is appointed, or you enter into a voluntary arrangement with your creditors, we may suspend the services and/or terminate provision without notice.
  4. You may cancel your services with us at any point by giving 90 days’ written notice. There is no cancellation fee where the full 90 days’ written notice is given and all amounts owing are paid.
  5. If you cancel, transfer away, stop using the services, ask us to close the services, or otherwise end the services without giving the full 90 days’ written notice, you remain liable for:
    • all amounts already invoiced;
    • all charges that would have been payable during the 90-day notice period;
    • all non-refundable third-party costs incurred or committed by us for your services, including domain, hosting, email, software, licensing and supplier costs; and,
    • any reasonable administrative or technical time required to close, transfer, export, cancel or otherwise deal with the services, charged at our standard hourly rate of $120 + GST per hour.
  6. Refunds are at our sole discretion, except where required by law. Domain registrations, domain renewals, hosting, email, software, licensing, supplier costs, work already performed and any other third-party costs incurred or committed by us are non-refundable unless we agree otherwise in writing.
  7. If your services are cancelled and you require your data for transfer, this can be arranged on request. Data transfer, export, migration support or handover work will be charged at our standard hourly rate of $120 + GST per hour, with a minimum charge of $60 + GST.
  8. We reserve the right to destroy any data from terminated services after termination takes effect. We are not required to retain data after termination, but will endeavour to give reasonable notice where practicable. We recommend that you request any required data transfer before cancellation or termination takes effect.

6 – Privacy, data and customer responsibilities

  1. You are responsible for the content, data and personal information collected, stored, processed or published through your website or services.
  2. Where your website collects personal information, including through forms, accounts, analytics, ecommerce, bookings, enquiries or other website functionality, you are responsible for ensuring that collection, use, storage, disclosure, retention and deletion of that personal information complies with the Privacy Act 2020 and any other applicable law.
  3. We will take reasonable steps to protect systems under our control, but we do not review, monitor or verify the legality, accuracy, security or privacy compliance of your website content, forms, plugins, scripts, analytics tools, integrations or third-party services unless we have expressly agreed to do so in writing.
  4. You must promptly notify us if you become aware of any actual or suspected privacy breach, security breach, unauthorised access, data loss, malware infection or misuse affecting any service we provide.
  5. Where you acquire the services in trade and for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law, and that it is fair and reasonable for the parties to contract out of that Act.
  6. Where a privacy breach is notifiable under the Privacy Act 2020, you are responsible for making any notifications required in relation to personal information collected, stored, processed or published through your website, unless we are legally required to make a notification ourselves.

7 – Liability and indemnity

  1. To the maximum extent permitted by law, we are not liable to you for any loss of business, revenue, profits, contracts, goodwill, anticipated savings, data, use, opportunity, reputation or any indirect, consequential or economic loss arising from or relating to the services.
  2. To the maximum extent permitted by law, our total liability to you for any claim arising from or relating to the services is limited to the amount you paid us for the affected service in the 12 months before the event giving rise to the claim.
  3. Nothing in these Terms and Conditions limits or excludes any liability that cannot lawfully be limited or excluded.
  4. You indemnify us against any claim, loss, liability, damage, cost or expense, including reasonable legal costs, arising from your content, your website, your domain name, your users, your breach of these Terms and Conditions, your breach of law, your infringement of third-party rights, or your use or misuse of the services.

7 – Entire agreement

  1. These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
  2. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.
  3. We may amend these Terms and Conditions from time to time. Updated terms will apply to services, renewals, invoices, or work supplied after the updated terms are published or notified. Changes will not retrospectively alter charges already invoiced unless required by law or agreed in writing.