1.1 These Internet services are provided on an 'as is, as available' basis. NURO gives no warranty, express or implied, for the Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by NURO or it's providers beyond the fees paid by the client to NURO for services and the CUSTOMER irrevocably, completely and without prevarication waive all right to claim reimbursements for lost business income as a result of interruptions to service provided by NURO.
1.2 The CUSTOMER warrants to NURO that they will use the services provided by NURO in a manner consistent with any and all applicable laws of New Zealand and the local laws to which CUSTOMER is subject in their use of websites. The CUSTOMER further indemnifies NURO against all liability for the illegal use of websites for any criminal, civil or other sanctions which may result from the illegal use of a website in all jurisdictions in which the CUSTOMER operates the website.
1.3 To the extent that if there is any uncertainty in the construction of the terms of this agreement, the definitions listed in Schedule 1 shall be used to interpret the proper meaning of the terms of this agreement or the terms shall be construed in the ordinary meaning. To the extent that the CUSTOMER wishes to rely on interpretation of a term of this agreement which differs from the view of NURO, unequivocally, wholly and irrevocably agree to defer to the meaning offered by NURO should any dispute as to the definition of terms arise.
2.1 The CUSTOMER is required to provide NURO with correct and up to date contact details for billing and technical notification purposes. NURO accepts no liability for disruption to services due to inability to contact the CUSTOMER. In particular, it is the CUSTOMER's responsibility to provide us with a valid email address which is not at the domain(s) the CUSTOMER is signing up under.
2.2 NURO retains the right to refuse service to anyone at any time for any reason. NURO do not screen the material CUSTOMER's publish to NURO's servers and accept no liability for material posted through these servers. The publication of any materials the CUSTOMER publishes to NURO's servers is considered publicly accessible, ethical and is within the terms of clause 19 of these terms and conditions.
FreeB Web Hosting Acccounts:
2.3 The CUSTOMER must retain the domain name associated with the FreeB account with NURO to keep the FreeB account open.3.1 While NURO makes every reasonable effort to protect data stored on its server(s), NURO accepts no liability for a CUSTOMER's data, files, or directories residing on NURO's datacentre equipment. The client is solely responsible for maintaining data, file, and directory structure backups. Without limiting exemption from the liability stated above, NURO backs up its servers every 24 hours to NURO's on-site and off-site backup systems. The CUSTOMER can request a backup at any time for databases, home folders, IMAP emails and any other data generated by the CUSTOMER. The CUSTOMER agrees that a charge of $120.00 +GST will be applied per incident to restore a CUSTOMER's data, if NURO can recover the data for the CUSTOMER.
3.2 The CUSTOMER agrees that the scope of backup and scheduling of backups shall be at the sole exclusive discretion of NURO and that the CUSTOMER waives any legal right or objection which they may have in relation to NURO's decisions in relations to these matters. The CUSTOMER agrees that NURO shall not be held liable for the retention of any data held on NURO's servers after the termination of a CUSTOMER's account or held in backup during a scheduled maintenance window of backups.
4.1 This Agreement may be terminated by NURO without cause, by giving the other party email notice. NURO may, at its sole discretion, cancel an account at any time if, in its opinion, the client has failed to abide by this agreement or the Acceptable Use Policy or any other policy relating to NURO's operations and any future policy or change of policy which is determined as being necessary at the sole discretion of NURO. In such case, NURO shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
4.2 The CUSTOMER must give 30 days notice of cancellation in writing via email or otherwise to NURO.
If the account is cancelled without due notice by the CUSTOMER, NURO will remove the account from its servers. In such case, NURO is not responsible for saving or returning any data, files or directories stored on the server(s) for/to the CUSTOMER. NURO will be entitled to payment for the month in which the account was cancelled.
5.1 NURO reserves at least 60 days for the processing of any application for compensation under the terms and conditions stated herein. The CUSTOMER must ensure that their account data is accurate in order to ensure that a direct credit can be made to the CUSTOMER. If the CUSTOMER applies for compensation, the CUSTOMER needs to make sure that the CUSTOMER's account with NURO is up to date. NURO will not send the CUSTOMER a refund if any of the CUSTOMER's invoices are overdue. If the CUSTOMER leaves NURO services after applying for compensation, the CUSTOMER's compensation will not be issued to the CUSTOMER. The CUSTOMER will receive a full refund if the CUSTOMER's product or service falls within the terms of clause 18 of these terms and conditions. No refunds are given for any services performed by any NURO staff members that is charged out at an hourly rate of $150 +GST per hour to the CUSTOMER. Charges for Domain Names, once registered with the relevant authorities, cannot be refunded for any reasons (spelling, fraud, change of mind etc.) as this is outside of NURO's control. NURO's domain suppliers do not allow us refunds therefore, we cannot pass them on to the CUSTOMER.
6.1 In relation to the use of a particular amount of bandwidth, upon purchase of a product through this website, the CUSTOMER agrees to abide by the terms of clause 20.
6.2 NURO maintains control and ownership of all IP addresses that may be assigned to the CUSTOMER and reserves the right to change or remove any and all IP addresses to the CUSTOMER's service. NURO will endeavour to give the CUSTOMER 30 days notice of any IP Address changes.
7.1 If the CUSTOMER acts as a reseller, i.e. the CUSTOMER bills their clients for services the CUSTOMER buys from us, the CUSTOMER agrees that the CUSTOMER will not refer their Client(s) to NURO for support, that there is no direct relationship between us and their Client(s) and that NURO's policies are applied to CUSTOMER's clients. NURO makes no warranties or guarantees as to the subsequent usage of services resold by the CUSTOMER. In the act of reselling, the CUSTOMER adopts all liability for products and services resold on to other consumers and NURO accepts no form of vicarious liability in any form or degree for representations made by resellers in relation to products and services which they are on-selling. The CUSTOMER must rely on their own representations in the course of on-selling products and services produced by NURO.
8.1 The retrieval of access shall be conducted in the following manner. If the CUSTOMER loses their account access details, the CUSTOMER must do these things in order:
8.1.1 Request an automatic password reset if available, via this link: https://web.nuro.co.nz/password/reset
8.1.2 Email NURO's support staff to re-send the details to the email address that NURO has on record for the account holder; and
8.1.3 Email us the required identification as requested by NURO to manually reset your account.
The CUSTOMER acknowledges that:
9.1 The CUSTOMER is billed 28 days in advance for services from the sign-up date for the active service(s).
9.2 All prices stated on NURO's website are in New Zealand dollars and exclude GST.
9.3 All prices can be changed with 30 days advanced notice from NURO. Prices may increase due to increased operating costs, for example power, bandwidth, support and administration costs.
9.4 NURO accepts payment by Visa or MasterCard, Direct Credit, Automatic Payment and Phone-In Credit Card.
9.5 If the CUSTOMER's payment is not received by the invoices due date, services WILL be suspended and a late fee of 10% +GST will be applied to the CUSTOMER's account after 14 days overdue.
9.6 After 60 days in arrears NURO may hand the CUSTOMER's account over to a debt collection agency and the CUSTOMER will be liable for any and all costs incurred in the process of collecting the monies owed.
NURO reserves all rights to remove content placed on its servers which contravene the terms of the Unsolicited Electronic Messages Act 2007 (NZ). The CUSTOMER warrants that the content they place on NURO's services does not in any way contravene the terms of this legislation and grant NURO a complete indemnity in relation to these matters. The CUSTOMER will also recognise, acknowledge, accept and agree to abide by NURO's zero tolerance policy with regard to the use of 'Spam' Internet marketing techniques. In the event that NURO deems the CUSTOMER to be in violation of NURO's policies, NURO shall immediately revoke the CUSTOMER's user rights and delete any active account(s). For the purposes of NURO's Spam policy:
10.1 NURO consider spamming to be any activity whereby:
i) CUSTOMER directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission,
ii) CUSTOMER posts advertisements in newsgroups in violation of the terms of participation in such newsgroup or in newsgroups that do not specifically permit advertisements.
10.2 NURO reserves the right to terminate the CUSTOMER's account and participation in our systems 'for cause' if we deem that the CUSTOMER or their Clients to be in violation of our anti-spamming policies.
10.3 Pending review, NURO also reserves the right to suspend the CUSTOMER's account and participation upon receipt of any complaint or other evidence that the CUSTOMER may be engaging in any spamming activity.
10.4 If the CUSTOMER is spammed by anyone regarding NURO or NURO's Customers, products, services, websites or any other matters relating to CUSTOMER's hosting on NURO's network, the CUSTOMER may report this activity to NURO within a reasonable time frame.
11.1 NURO reserves the right to suspend the CUSTOMER's account and participation in the affiliate program upon receipt of any complaint or other evidence that the CUSTOMER may be engaging in any illegal Internet activity or a breach of clause 19 of these terms and conditions.
11.2 The affiliate payment commission delay is 14 days and the affiliate payout amount is $25.00 (the minimum amount affiliates need to earn before making a withdrawal). There are no transaction fees on withdrawals.
11.3 The CUSTOMER agrees to take care of their own taxes.
11.4 The CUSTOMER agrees to provide their New Zealand Bank account number to make a withdrawal.
11.5 There is NO affiliate commissions for any Domain Names or FreeB accounts.
12.1 The CUSTOMER agrees to indemnify, defend and hold NURO and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor's fees related to the CUSTOMER violation of this Agreement or use of the services.
12.2 Notwithstanding anything else in the Agreement, NURO shall not be liable to the CUSTOMER for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the NURO Service or other indirect or consequential loss whether arising from negligence or breach of this contract.
12.3 The CUSTOMER shall immediately indemnify NURO against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:
12.3.1 The breach by the CUSTOMER of any of its obligations under the Agreement; and
12.3.2 Any express or implied warranties, representations, confirmations or acknowledgements that are given by the CUSTOMER and prove to be untrue.
12.4 The CUSTOMER agrees that NURO shall not be liable to the CUSTOMER for any force majeure event being any situation (other than a failure to pay money due to the other party) in which it fails to comply with its obligations under the Agreement due to anything beyond its reasonable control.
12.5 The CUSTOMER agrees that NURO shall not be liable to the CUSTOMER for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the Agreement other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of NURO in writing or expressly incorporated or referred to in the Agreement.
13.1 NURO gives no warranties in relation to any of the products, content, goods or services provided through its websites. NURO does not guarantee in any way the merchantability, quality or use of products purchased through NURO's website.
13.2 The CUSTOMER warrants that they are in possession of the following and that they waive any legal right to claim against NURO in relation to loss or damage resulting from the absence of the following:
13.2.1 An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
13.2.2 A fully functional Internet browser;
13.2.3 Suitable and necessary tools to develop and publish content; and
13.2.4 Tools to access database servers.
13.3 CUSTOMER warrants that:
13.3.1 The CUSTOMER has full power and authority to enter into and perform this Agreement;
13.3.2 All information provided by the CUSTOMER to NURO shall be complete, accurate and not misleading;
13.3.3 The CUSTOMER will comply with all its duties under any data protection laws and regulations applicable to the CUSTOMER operations;
13.3.4 The CUSTOMER performance of its obligations under the Agreement will not infringe the Intellectual Property Rights of NURO or any third party; and
13.3.5 None of the information or materials supplied by the CUSTOMER to NURO shall be libellous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.
13.4 The CUSTOMER agrees that all conditions, warranties, representations or other terms concerning the supply of the Service which might otherwise be implied or incorporated into the Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
14.1 All Content, Goods and Services provided from or through this website by NURO are provided on an 'as is', 'as available' basis. All warranties, express or implied, are disclaimed including but not limited to, any implied warranties of the merchantability and fitness for a particular purpose of these goods, services or content. The sole and entire maximum liability of NURO for the services it has provided, for any reason shall be limited to the amount paid by the CUSTOMER for the particular items purchased. Through the acceptance of these terms and conditions, the CUSTOMER hereby accepts that the sole and maximum entire liability of NURO, for any reason shall be limited to the cost of the content, goods or services provided to the CUSTOMER by NURO. NURO and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the CUSTOMER may raise against NURO. This term is to subsist despite any advice from the CUSTOMER of the nature of damages proposed by the CUSTOMER or their legal representative. This basis of these terms and conditions is to be considered a material, fundamental and essential term of the bargain between the CUSTOMER and NURO.
15.1 This Agreement represents the entire understanding between the CUSTOMER and NURO, regarding the CUSTOMER's relationship and supersedes any prior statements or representations. The CUSTOMER agrees to be bound by these terms and conditions of the agreement when the CUSTOMER purchases any product or service from NURO and NURO reserves the right to revise the terms and conditions of this relationship at any time without notice to the CUSTOMER.
16.1 If there is to be any dispute as the law applicable under this agreement, the CUSTOMER hereby unequivocally accepts that the law applicable shall be the laws of New Zealand and the determinations of New Zealand Courts shall be binding upon the CUSTOMER. The CUSTOMER hereby waives any objection to the exclusive jurisdiction of the courts of New Zealand which they may raise.
17.1 These terms and conditions are to constitute the whole and entire agreement between NURO and the CUSTOMER when purchasing NURO services through the website or over the phone. No express or implied term is intended by either party in relation to the agreement for the provision of goods and services under these terms and conditions.
18.1 The policy referred to as the 'Money Back Guarantee' on NURO's website is to be subject to this term of the terms and conditions. NURO agrees to refund the purchase price of select service(s) within 14 days of purchase of the product as verified by the time of the issuing of the receipt. NURO will not provide refunds or exchanges in relation to the following products or services:
18.1.1 Domain Registrations;
18.1.2 Cloud Hosting Services
18.1.3 Colocation;
18.1.4 Dedicated Servers; or,
18.1.5 SSL Certificates.
18.2 No refund will be issued where an account was closed in accordance with clause 19 known as the 'Acceptable Use Policy' of these terms and conditions. In particular, any website engaging in the activity of spamming defined at the sole discretion of NURO will not qualify for any refund within the 14 day period.
18.3 In order to claim any refund the CUSTOMER must contact NURO via phone or email.
18.4 Costs such as setup fees, or in relation to domain names, are not refundable in any respect.
18.5 Additional Services known as 'Service Add Ons' such as 'IP Addresses' are not refundable under any circumstances.
18.6 NURO will not accept any liability or give any warranty or guarantee in relation to the time that Direct Credit takes to process credit card refunds or any changes made by the CUSTOMER to their credit card details, which results in delay or failure of the credit card refund process. NURO accepts no liability and gives no guarantee indemnity or warranty in relation to any error caused by a failure of Direct Credit's processing systems or Direct Credit generally.
18.7 The CUSTOMER agrees to waive all rights, legal claim or objection in relation to any refund in connection with any failure or deficiency of availability caused by or associated with:
18.7.1 Circumstances beyond NURO's reasonable control, including but not limited to, acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts);
18.7.2 Scheduled maintenance and emergency maintenance and upgrades;
18.7.3 CUSTOMER acts or omissions (or acts or omissions of others engaged or authorised by you), including without limitation, Custom scripting or coding (e.g. CGI, Perl, HTML, PHP, ASP, etc), any negligence, wilful misconduct or use of NURO Services in breach of these terms and conditions and in particular clause 19;
18.7.4 DNS (Domain Name Server) Propagation;
18.7.5 Outages elsewhere on the Internet that hinder access to the CUSTOMER account; or,
18.7.6 Access issues related to DNS caching that may cause an Internet site to appear inaccessible when others can still access it.
19.1 NURO reserves the right to cancel any and all services provided to the CUSTOMER which violate the terms of clause 19 of these terms and conditions also known as the 'Acceptable Use Policy'.
19.2 The CUSTOMER gives a complete indemnity to NURO in relation to any content published using NURO's servers and in particular warrants that NURO's servers and services provided to the CUSTOMER will not be used for any unlawful purpose. The CUSTOMER warrants that they will not transmit, distribute or store material which is:
19.2.1 In violation of any applicable law of New Zealand;
19.2.2 In violation of the law of any foreign state or in particular in violation of the laws of the country in which the CUSTOMER resides;
19.2.3 Infringes and copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement; or
19.2.4 Relates to any form of illegal drug use, occult, illegal activities, racism and hate speech, violence, folklore, phishing, scams, plagiarism, extremist groups, freeware downloads, instant messaging, backup scripts or similar content, Internet Radio and TV, Peer-to-Peer File Sharing, Malware, Spam URL's or other unacceptable content as determined in the sole and exclusive discretion of NURO or it's authorised representatives.
19.3 Without limiting the operation of clause 19.2, in relation to services such as VPS Servers, Cloud Hosting Server, Dedicated Servers, Colocation, Bandwidth and IP services, NURO will not accept any usage of its services which relates to Illegal Activities, Fraudulent Activities, Peer-to-Peer File Sharing, Serving over 1000 Videos, IP Proxy Servers, Bandwidth Tunnelling, Phishing or Internet TV or any other use deemed to be unacceptable at the sole and exclusive discretion of NURO or its authorized representatives.
19.4 NURO will conduct all investigations in possible violations of clause 19 independently and be the sole arbiter as to what constitutes a violation after investigations have been conducted. Without limiting any of NURO's rights in relation to this agreement, NURO will contact the CUSTOMER in order to inform the CUSTOMER that their use is in violation of clause 19 of these terms and conditions and give the CUSTOMER an opportunity to cease unacceptable use before the cancellation of the account.
19.5 Any attempt to undermine the integrity of NURO's server infrastructure or data network will result in the immediate cancellation of the CUSTOMER account without notice or warning. NURO reserves the right to delete all of the CUSTOMER's data without warning and delete all related services or accounts without the provision of any refund or compensation if a CUSTOMER is found to be undermining or causing harm to NURO's servers or Data network in any way, shape or form.
19.6 Any script operating on the CUSTOMER's account, determined in the sole and exclusive discretion of NURO to be negatively affecting the Server performance of NURO's data network integrity, will be deleted without notice. For the purpose of this clause, 'script' includes any code which processes on the server, regardless of the scripting language used.
19.7 Programs such as Background Daemons/Spiders/Rippers/Screen Scrapers and Bots in general are prohibited on our shared web hosting servers and the CUSTOMER hereby recognises that NURO may delete their account without notice if in the sole exclusive discretion of NURO, these programs are found to exist on a CUSTOMER account.
19.8 NURO reserves the right to immediately delete, without notice, any CUSTOMER account which is determined in the sole and exclusive discretion of NURO as being used for the purpose of spam, which is not limited to but may include unsolicited email, flames or mail bombs over email, instant Messaging (including but not limited to SMS, MMS, ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber) or any similar communication technologies which may emerge. For the purposes of this clause, the CUSTOMER must not operate bulk mailing lists (over 250 emails per day) on shared web hosting servers. NURO reserves the right to withhold service from the CUSTOMER known to be spammers or hackers.
19.9 The CUSTOMER agrees to submit to the sole and exclusive discretion of NURO in determining what acceptable use is for the purpose of this clause.
20.1 CUSTOMER's are provided with unmetered national (within New Zealand) and international bandwidth per month. Bandwidth use is subject to the terms and conditions outlined in clause 19. 'Fair Use' and if heavy amounts of bandwidth are used that affect the performance of the International CIR connections, other available options will be discussed between the CUSTOMER and NURO.
21.1 The CUSTOMER gives NURO the right to immediately, and at the sole and exclusive discretion of NURO, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of NURO. The CUSTOMER also waives any right to claim against NURO in relation to damage caused by a computer virus transmitted through NURO's servers or data network. The CUSTOMER also undertakes to immediately notify NURO of any file in existence on NURO's servers or data network which is potentially a threat to the integrity, security or value of NURO's servers and data network. For the purposes of this clause, a 'virus' is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. NURO shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
To the extent that any dispute should arise about the inconsistency of terms in relation to this agreement, the CUSTOMER submits to the discretion of NURO to determine the interpretation of an inconsistency.
The CUSTOMER represents that by using this website and agreeing to the terms and conditions, they are authorised to do so by the organisation that they represent and that they have legal capacity to enter into a binding agreement with NURO for the provisions of content, goods or services which this agreement relates to.
Definition of Terms: For the purposes of these terms and conditions, the following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:
'NURO', 'us', 'we' and "our" means Nuro Group Limited;
"CUSTOMER", 'You' and 'Your' means the party or parties who utilise and/or services provided by Nuro Group Limited;
'DNS' means Domain Name Server;
'IP' means Internet Protocol;
'WHOIS' means the query and response protocol widely used for querying databases in order to determine the registrant or assignees of Internet resources, such as a domain name, an IP Address block or an autonomous system number.