KLiB Technologies Group Limited trading as 24/7 Hosting is herein referred to as "KLiB Technologies Group Limited".
1. Definitions
a) KLiB Technologies Group Limited includes its employees and directors.
b) The "Agreement" means Terms and Conditions and the details on the Application for an account.
c) The "Customer" means the person(s) or company identified as the customer on the application for an account.
d) The "Service" means the computing and communication service, including but not limited to: web hosting, domain registration, server hosting and SSL certificates.
e) The "Users" refers to the Customer's employees, agents, affiliates and customers.
KLiB Technologies Group Limited retains the right to refuse service to anyone at any time.
2. Application and Variation of these Terms
These terms and conditions are the terms on which KLiB Technologies Group Limited provides the Service to the customers, modified only by any written variation between KLiB Technologies Group Limited and the Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede all prior agreements (excluding specific term contracts and contracts with Service Level Agreements.) KLiB Technologies Group Limited may modify these terms, the pricing structure for the Service (excluding term contracts) and the operation of the Service by notice to (the last email address provided to KLiB Technologies Group Limited by) the Customer.
The Customer is required to keep their contact details with KLiB Technologies Group Limited current at all times, failure to do so may result in account suspension or termination. All details must contain the actual contact address and number of the account holder, we reserve the right to require proof of address at anytime if we suspect the account details are incorrect. The Customer's account maybe suspended during this period while we verify The Customers details, failure to update the account details forfits all monies paid.
3. Charges
The Service is a subscription service payable in advance. The Customer must pay for all services by the due date or the account will be suspended the following day. All accounts excluding Domain Names will be charged a late/suspension fee of $10 + GST which must be paid before the account is re-activated.
A discount may be available when prepaying for multiple months and will be advertised when subscribing to the Service. KLiB Technologies Group reverses the right to pull this promotion at anytime without any notice.
If the Customer chooses to pay by credit card, the details the card will be stored and used for processing future payments (except in the case where a one-off payment is made by the Customer.) Upon request, the card will be removed from the KLiB Technologies Group Limited billing system by logging into the Client Area.
Payments can be made by Cheque, Direct Credit, Visa, Mastercard. Direct Debit, Paypal is available on some services. Cash & Eftpos will not be accepted as a payment method.
The Customer must pay for all service data charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by KLiB Technologies Group Limited resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.
Any accounts that are hacked or being used to SPAM addresses will be charged an instant $200 Penalty Fee which must be paid within 14 days to avoid service distrubtion. We will endavour to make contact with The Customer before making changes to the account to correct the breach which will be charged at our hourly rate of $180/hour.
4. Customer Costs
In addition the Customer must provide and pay for the installation and use of telephone lines and all other equipment needed to access the Service at their own cost.
5. Payment of Accounts
Invoices are sent by email to the last email address provided to KLiB Technologies Group Limited by the Customer. Posted invoices are available on some services or for a $5 fee per invoice sent.
It is the customer's responsibility to keep all contact details up-to-date.
a) Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option selected by the Customer. Any questions regarding the charges on an account must be addressed within 30 days of the billing date. Changes to the monthly account part way through a month are permitted with no surcharge. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
b) No credit terms are given. If payment is not received after the due date a finance fee of 2% (minimum $10) per month will be payable on all overdue amounts.
c) Accounts with an overdue balance will be suspended without further warning and a $10.00 suspension fee will automatically be applied to a suspended account more than 3 days overdue. Suspended accounts may not be altered or closed until full payment is received.
d) Suspended accounts may be sent to KLiB Technologies Group Limited's debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be payable by the Customer.
e) KLiB Technologies Group Limited holds the right to hold all website data/domain names/services in lieu of payment, once payment is received this will be released.
f) Account Fees, these may be charged at the discreation of KLiB Technologies Group Limited.
- Cheques: $5 Clearance Fee & Handling Fee
- Direct Debit: $5
Setup Fee
- Credit Card: 4% of invoice total including GST
- Paypal: 4% fee
6. Re-occuring Credit Card Charges
KLiB Technologies Group Limited will continue to charge The Customer's Credit Card until notified by The Customer they no longer wish to continue services. At least 5 days notice must be received otherwise the termination will take place the next billing period.
KLiB Technologies Group Limited will endeavour to notify by email where an account is overdue and facing suspension, however no responsibility is accepted for the successful receipt of email messages.
6. Security Deposit
KLiB Technologies Group Limited may require the payment of a security deposit before providing, or as a condition of continuing the Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, KLiB Technologies Group Limited shall return the outstanding balance of the security deposit, without interest.
7. Credit Checks Privacy Consent
The Customer consents to KLiB Technologies Group Limited obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by KLiB Technologies Group Limited of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
8. Privacy
KLiB Technologies Group Limited will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant. Upon termination of your account, KLiB Technologies Group Limited will destroy any files or any service assigned to your account.
9. Publication at Customer's Risk
The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies KLiB Technologies Group Limited against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The Customer also acknowledges that KLiB Technologies Group Limited does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.
10. Provision of Service
KLiB Technologies Group Limited endeavours to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault-free and relies on factors outside the control of KLiB Technologies Group Limited. The Service is provided to the Customer at such times and means as KLiB Technologies Group Limited decides.
11. Exclusion of Liability
Except as provided in clause 12 KLiB Technologies Group Limited is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from KLiB Technologies Group Limited's supply or failure or delay in supplying Service including as a result of our own negligence.
b) the content, context, or confidentiality of any communications made using the Service. KLiB Technologies Group Limited does not provide support for third party software, including software downloaded from the Internet.
12. Limitation of Liability
Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and KLiB Technologies Group Limited will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by KLiB Technologies Group Limited. However, KLiB Technologies Group Limited's liability for any breach of such implied term or warranty will be limited at KLiB Technologies Group Limited's option in accordance with this clause or in any way permitted by the legislation.
13. Breaches
The Customer shall indemnify KLiB Technologies Group Limited against any loss (including any loss of profit) incurred by KLiB Technologies Group Limited as a result of any breach of the terms of any agreement with KLiB Technologies Group Limited including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
14. Indemnity
The Customer shall indemnify KLiB Technologies Group Limited against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.
15. Termination
Either party may terminate a non-fixed term agreement by submitting an cancellation request via the Client Area, we will NOT accept these via any other method. Any balance owing on an account must be paid prior to closure. After reasonable notice is given KLiB Technologies Group Limited may terminate any agreement of the provision of any Service if:
a) the customer breaches any term of any agreement; or
b) KLiB Technologies Group Limited forms the opinion in good faith that the Customer is or may be insolvent.
c) where the account is cancelled within 14 days, the client may request a full refund for any hosting charges. We will only refund hosting charges this excludes Domain Fees, Over usage Fees, SSL certificates and Service Add ons. If paid via Credit Card we will deduct any Credit Card fees charged by the bank off the refund total. All refunds will be processed within 60 days of the cancellation date.
All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement. Normally, we will charge a $10.00 cancellation fee to cover Administration charges in the process of a refund.
Upon the request of the Customer for termination or due to an KLiB Technologies Group Limited procedure, all customer data, email, back-ups and configurations will be deleted from our servers.
KLiB Technologies Group Limited reserves the right to hold any data, websites and domains in lieu of payment if outstanding monies are overdue. Upon payment these will be released to the account holder.
16. Suspension of Service
KLiB Technologies Group Limited may from time to time (without notice, for reasons other than non-payment, reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a) during any technical failure, modification or maintenance involved in the Service although KLiB Technologies Group Limited will endeavour to procure the resumption of the Services as reasonably practicable; or
b) if the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in KLiB Technologies Group Limited's opinion may have the effect of jeopardising the operation of any service.
Not withstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.
17. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding the Service in any way which is to be used for purposes which are or could be competitive with the Service.
18. Assignment
The Customer cannot assign its rights under the agreement without the prior written consent of KLiB Technologies Group Limited. KLiB Technologies Group Limited may transfer our rights and responsibilities under this assignment to another party with 30 days' written notice to you.
19. Governing Law
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
20. Acceptable Use
Users of KLiB Technologies Group Limited are expected to adhere to all the policies of KLiB Technologies Group Limited, available in writing upon request.
While spamming and port scanning may not currently be fully illegal activities in New Zealand, KLiB Technologies Group Limited does not support or condone these activities without the express consent of the recipient or administrator of the recipient system.
The KLiB Technologies Group Limited servers may be used only for lawful purposes. Users may not use KLiB Technologies Group Limited's Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive, hateful or otherwise defamatory.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition any site selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links include: pirated software, hacker programs, warez sites, IRC bots and file archives (such as audio/video).
We will be the sole arbiter as to what constitutes a violation of this provision.
21. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
22. Scripts
Customers are free to use any CGI/PHP/ASP (not an exhaustive list) Scripts provided with their account or add any additional ones they require. Any scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. Script sharing with Domains not hosted by KLiB Technologies Group Limited is not allowed.
22. (a) Scripts that are adversely affecting server performance may be stopped, reset or fixed by KLiB Technologies Group Limited staff at cost to the customer as an alternative to shutting down a web site. Labour will be charged up to $180/hour without prior authorisation at KLiB Technologies Group Limiteds discretion where it is deemed to be the less harmful option to the customer (e.g. shutting down a site late evening, where the customer may not be aware of the problem until the following day).
23. Background Running Programs
Background Daemons in general are prohibited. Virtual Private Servers (VPS) accounts are not prohibited from running Background Daemons.
24. Spam
KLiB Technologies Group Limited's servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames or mail bombs. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to include any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your Domain.
We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
25. Client Content, Back-ups and Data Loss
KLiB Technologies Group Limited performs backups of Shared Hosting (Standard Hosting and Reseller Plans) content on a daily basis. KLiB Technologies Group Limited makes every effort to ensure that these back-ups are valid. KLiB Technologies Group Limited assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at KLiB Technologies Group Limited. Back-up arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by KLiB Technologies Group Limited and any such contract will be subject to premium monthly charges. KLiB Technologies Group Limited does not back-up up any dedicated, co-located or Virtual Private Server ("VPS") without a written contract to do so and KLiB Technologies Group Limited assumes no responsibility for any content published to or stored on any dedicated server, co-located server or VPS. These servers are leased and maintained by the Customer and because the Customer has full control over all aspects of these servers, KLiB Technologies Group Limited assumes no liability in the operation or reliability of these servers other than hardware failure.
KLiB Technologies Group Limited assumes no liability for lost content if a hardware or system failure occurs and data maintained on the affected servers cannot be recovered from the most recent backups. Access to your own customer content is provided to the Customer at any time. It is the sole responsibility of the account owner to ensure that they maintain their own backup copy of any materials placed on KLiB Technologies Group Limited Servers, or of any database maintained on any server operated by KLiB Technologies Group Limited in the event KLiB Technologies Group Limited is unable to restore customer content from backup.
AT NO TIME SHALL KLiB Technologies Group Limited ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
26. Resale of Services
Any Customer reselling KLiB Technologies Group Limited's Service agrees that:
a) there is no direct relationship between KLiB Technologies Group Limited and the Customer's Users;
b) the Customer will not refer their Users to KLiB Technologies Group Limited for support;
c) the Customer will ensure its Users understand who to contact for User support;
d) this agreement otherwise also applies to the Customer's Users.
27. IP Addresses
KLiB Technologies Group Limited maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.
28. Notices
All notices under this agreement shall be given to the last known e-mail address of the Customer, either the address on the Application or as advised by the Customer to KLiB Technologies Group Limited at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps KLiB Technologies Group Limited informed of the current and active e-mail address of the Customer.
29. Fair Usage Policy
KLiB Technologies Group Limited provides varies services and plans with Unlimited Services such as Bandwidth, Websites, Email Accounts and Databases. In such cases some users take advantage and if KLiB Technologies Group Limited feels this is the case we reserve the right to suspend or terminate the account without any notice.
30. Reselling
No reselling is allowed on any plans except for our Reseller Plans, all websites hosted on our Everyday and Business Plans must be associated to the owner of the account. We regularly take audits and if any accounts are found to be violating this the account will be suspended without any notice.
31. Business Accounts - Guarantee
All business accounts require the director/directors guarantee that all accounts will be paid in full by the due date.
32. Free Web Hosting
Where free web hosting is offered KLiB Technologies Group Limited maintains all ownership in relation to the account and at anytime may decide to discontinue offering this service. KLiB Technologies Group Limited holds the right to restrict any service for excess Diskspace or Bandwidth. To qualify for Free Web Hosting The Customers Domain Name must be registered with KLiB Technologies Group Limited
33. WHMCS Licenses
KLiB Technologies Group Limited offers Paid and Free Licenses with all our Reseller Plans, we don't currently provide support however full support comes with your license and can be obtained from www.whmcs.com. KLiB Technologies Group Limited holds the right at anytime to discontinue offer WHMCS Licenses and/or increases the fees.
34. Domain Names
a) KLiB Technologies Group Limited will register domains within 1 hours of payment being received.
b) UDAI/EPP codes can only be obtained by the account holder from with the Client Area, these will not be sent via any other method.
c) You can update contact details at anytime via the Client Area, if you wish to change ownership you must complete the sign the Change of Ownership Form
d) KLiB Technologies Group Limited is not liable for any incorrect domain registrant/billing/technicial/admin details
35. Support Policies
KLiB Technologies Group Limited provides Support 24 Hours a Day, 365 Days a Year via Phone, Email and Live Chat. If our Live Chat representive is available you will be directed straight to the chat window or if they're currently on another chat your message will be sent to our Support Team who will respond normally within 1 hour.
KLiB Technologies Group Limited doesn't guarantee that we will be able to answer within any given timeframe however we aim to respond to all queries within 1 hour. Due to underlining factors such as busy periods, weekends support response times may vary.
All support requests that require changes to your account must be submitted via Support Ticket from the email address registered with the account, we're unable to make these changes without permission.
All 3rd party products such as Site Builder, SEO Tools, Script Installers, Control Panels aren't covered by our support team, once receiving a fault we will lodge a ticket with the developers if we're unable to fix the problem and repair deadlines will depend on the 3rd party.
36. Site Builder
KLiB Technologies Group Limited holds no responsibility for the site builder on our servers, this product is offered free to all our customers on a as is basis. All websites designed using the site builder are property of KLiB Technologies Group Limited and can't be removed without permission.
37. Upgrading/Downgrading
The Customer is able to Upgrade/Downgrade accounts at anytime by logging in to the Client Area, no refunds will be given when Downgrading accounts. The Customer is able to Downgrade once every 3 months, additional downgrades are charged $10/each.
38. Cron Jobs
The Customer is allow a maximum of 2 Cron Jobs per account to be run no less than 1 hour intervals, The Customer is able to request an exemption by contact the support team.
39. MySQL Databases Concurrent Connections
KLiB Technologies Group Limited places a restirction of 10 MySQL Concurrent Connections per account for precaution, this policy is strictly inforced and can be increased at anytime by contacting KLiB Technologies Group Limited.
KLiB Technologies Group Limited holds the right to update this Terms of Use Policy at any time.
