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Websites Unlimited Limited Website Subscription Service Terms and Conditions

Last Updated 4th April 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING TO OUR SERVICES.

By subscribing to and using the Services offered by Websites Unlimited (“Company”, “we”, “us”, “our” and “Websites Unlimited”), you (“Client”, “you”, “your”) agree to be bound by these Terms and Conditions (“Terms”, “Conditions”, “Agreement”). If you do not agree to these Terms and Conditions, do not subscribe to or use the Services.

You must be 18 years old or older to subscribe to our services and products.

1. Parties

  • “Agency”: Websites Unlimited Limited, NZBN: 9429030699236, located at 113 Fairview Street, Chartwell, Hamilton, 3210, New Zealand (“Company”, “we”, “us”, “our” and “Websites Unlimited”)

  • “Client”: The individual or business entity subscribing to the services (“client”, “you, “your”)

2. Definitions

  • “Services”: Website design and development, maintenance, website hosting, support, and access to the Client Portal provided by the Agency as detailed in the specific Subscription Plan chosen by the Client.

  • “Subscription Plan”: The specific package of Services selected by the Client, outlining scope, features, limitations, and associated fees.

  • “Subscription Fee”: The recurring monthly fee payable by the Client for access to the Services under their chosen Subscription Plan.

  • “Client Portal”: The online platform provided by the Agency where Clients can manage their account, have their website built and maintained, submit requests, communicate with the Agency, and access resources related to their Website.

  • “Website”: The website built and/or maintained by the Agency for the Client as part of the Services.

  • “Client Content”: All text, images, logos, videos, data, and other materials provided by the Client for use on the Website.

  • “Effective Date”: The date the Client successfully completes the initial sign-up process and pays the first Subscription Fee.

3. Services

  • 3.1 Scope: The Agency agrees to provide the Services as described in the Client’s chosen Subscription Plan. Services generally include initial website design and build, ongoing maintenance (e.g., software updates, backups, security monitoring), hosting, technical support, and access to the Client Portal. Specific deliverables, limitations (e.g., number of pages, website functionality, revision rounds, support hours), and features are defined in the Subscription Plan documentation provided during sign-up or found at https://websitesunlimited.co/pricing.  Services deemed by the Agency to sit outside the scope of your subscription plan (including custom work) may incur additional fees and costs.
  • 3.2 Exclusions: Unless explicitly stated otherwise in the Subscription Plan, Services do not include: domain name registration fees, premium third-party plugin/theme licenses beyond those provided by the Agency, stock photo licenses (unless specified), custom programming beyond the scope of the plan, digital marketing or SEO services, content creation (unless specified), or handling fees associated with third-party services integrated at the Client’s request.
  • 3.3 Maintenance & Updates: The Agency will perform routine maintenance to keep the Website’s core software (e.g., CMS, themes, plugins managed by the Agency) up-to-date and secure. Maintenance schedules and response times for support requests will be handled according to our standard procedures or as defined in the Subscription Plan.
  • 3.4 Ranking: We will provide tools and guidance to improve your Website search engine ranking, but due to external factors beyond our control, we cannot guarantee where your website will rank amongst others, including competitors.
  • 3.5 Email Client: Clients who use Google Workspace as part of our Services will need to comply with the terms and conditions as outlined and updated by Google.  Non-compliance with the respective provider terms and conditions may result in the disruption or suspension of your Google Workspace account and in turn your emails.
  • 3.6 Email Support: While Websites Unlimited will help with the initial setup of your email client to ensure it works correctly, we reserve the right to charge in addition for ongoing or additional support. Where we have provided guides or instructions for email integration, and especially with changing standards, we cannot guarantee that you will be able to integrate your emails with those guides.

4. Website Resources and Data:

  • 4.1 Resource Usage: Your subscription includes website storage and data transfer (traffic/bandwidth) governed by our Fair Usage Policy (FUP), designed to ensure service quality and affordability for all users. This policy uses benchmark levels derived from typical customer usage across our platform. If your website’s monthly usage substantially and consistently exceeds these benchmarks, potentially impacting service stability or cost, we may classify this as “Excessive Use.” In such instances, our standard procedure is to first notify you and request adjustment of your usage patterns. Should Excessive Use continue after notification, we reserve the right, upon further notice where feasible, to apply additional charges based on a provided rate card for usage beyond the fair use limits, or alternatively, suspend or restrict relevant services until the matter is resolved. We understand businesses grow; if your usage increases as part of normal growth, we are happy to discuss plan upgrades or provide our rate card for supplemental usage. Please note, resource usage under this FUP is separate from limits applied to form submissions and storage (see below).
  • 4.2 Client Portal Storage: Your client portal will have a limited amount of file and data storage which can be accessed within your client portal. These allowances typically define the maximum size you are permitted to upload, and the total volume of storage space allocated to your account.
  • 4.3 Data and File Retention: Unless specified otherwise in your Subscription Plan, files uploaded via your website’s form features are retained on our servers for a maximum period of six (6) months from the date of upload. It is your express responsibility to ensure you download and securely store any files you need to keep before this retention period expires. In line with our data management practices, we reserve the right to permanently delete such uploaded files from our systems after the conclusion of the maximum retention period, and we are not obligated to provide further notice before.
  • 4.4 File Upload Requirements: Our platform enforces specific requirements regarding the maximum allowable size and the accepted file types (formats) for any files uploaded, whether through forms or other website functionalities. Files that do not meet these requirements (e.g., exceeding size limits or being in an unsupported format) cannot be processed and will be rejected by the system upon upload attempt. Information detailing the current applicable file size and format restrictions can be found within your Client Portal or the relevant platform interfaces.

5. Acceptable Use and Content Standards

  • 5.1 Prohibited Activities and Content:

    You agree that you will not use the Services to, nor allow any third party using your account to, upload, post, transmit, store, or otherwise make available any content or engage in any activity that:

    • (a) Violates any applicable law or regulation in New Zealand or any other relevant jurisdiction.
    • (b) Is fraudulent, deceptive, or misleading.
    • (c) Infringes upon or violates the intellectual property rights (e.g., copyright, trademark), privacy rights, publicity rights, or other proprietary rights of any third party.
    • (d) Is defamatory, libellous, threatening, harassing, abusive, hateful, or constitutes a harmful digital communication under the Harmful Digital Communications Act 2015.
    • (e) Is obscene, pornographic, indecent, depicts non-consensual sexual acts, excessive or gratuitous violence or cruelty, or is otherwise classified as “objectionable” under the Films, Videos, and Publications Classification Act 1993.
    • (f) Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group.
    • (g) Contains software viruses, worms, trojans, or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or gain unauthorized access to any computer software or hardware or telecommunications equipment.
       
    • (h) Involves sending unsolicited commercial email (spam), phishing, or pharming.
    • (i) Interferes with or disrupts the integrity or performance of the Services or the data contained therein, or attempts to gain unauthorized access to the Services or related systems or networks.
       

     

  • 5.2 Client Responsibility for Content: You are solely and fully responsible for any and all content uploaded, stored, displayed, or transmitted using your account and the Services provided to you. You warrant that you have all necessary rights and permissions for any content you use in connection with the Services and that your content complies with our Acceptable Use policy and all applicable laws.
  • 5.3 Monitoring and Enforcement: While we do not undertake any obligation to actively monitor the content hosted via the Services, we reserve the right to investigate potential violations of ‘Acceptable Use’. If we become aware of content or activity that we reasonably believe violates this policy or any applicable law, we reserve the right to take immediate action without prior notice, including, but not limited to: removing or disabling access to the content, suspending your access to the Services, terminating your account, and/or reporting such content or activity to appropriate law enforcement authorities. We shall have no liability to you or any third party for any actions taken in accordance with this section.

6. Subscription and Payment

  • 6.1 Subscription Term: The subscription begins on the Effective Date and continues on a month-to-month basis until terminated by either party in accordance with Section 10.
  • 6.2 Fees: The Client agrees to pay the monthly Subscription Fee in advance for each month of service. The first Subscription Fee is due upon sign-up. Subsequent fees will be automatically charged to the Client’s designated payment method on or around the same day each month.
  • 6.3 Payment Method: Clients must provide valid payment information (e.g., credit card) and authorize recurring payments. Clients are responsible for keeping their payment information current.
  • 6.4 Currency: All fees are stated and charged in New Zealand Dollars (NZD). International Clients are responsible for any currency conversion fees or taxes applicable in their jurisdiction.
  • 6.5 Failed Payments: If a payment fails, the Agency will attempt to notify the Client. Access to the Client Portal and Services (including the live Website) may be suspended if payment is not received within 7 days of the due date. Services may be terminated if payment is overdue by 28 days. The Agency reserves the right to charge reasonable reactivation fees or interest on overdue amounts.
  • 6.6 Fee and Plan Changes: The Agency reserves the right to change Subscription Fees upon providing at least 30 days’ written notice to the Client (email or notification via Client Portal sufficient). Similarly, the Agency reserves the right to modify the specific features, services, or limits included within each subscription tier, also upon providing at least 30 days’ written notice via the same methods. Continued use of the Services after the effective date of a fee or plan modification constitutes acceptance of the new fees or modified plan inclusions.
  • 6.7 Taxes: Except where otherwise stated, all prices are exclusive of any GST, VAT or sales tax.  You are responsible for paying any GST, VAT, sales tax and all other taxes, though this will be calculated and applied to your payment method automatically.
  • 6.8 Invoices: Your invoice will be emailed to you or otherwise can be found in your Client Portal.  You are responsible for ensuring your emails and contact details are up to date in your Client Portal.
  • 6.9 Payment confirmation: Payment will not be considered until it has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we reserve the right to charge you an administration fee. 

7. Client Portal Access

  • 7.1 Grant of Access: Upon successful payment of the first Subscription Fee, the Client will be granted access to the Client Portal.

  • 7.2 Security: During the sign up process you, the Client will create a password and receive login details for your account.  You are solely responsible for maintaining the confidentiality of your Client Portal login credentials and for all activities that occur under your account. If you do allow third parties access to use your Websites Unlimited Client Portal, or to act on your behalf during the registration process, or by adding content to your Website, you acknowledge and agree that we will be entitled to assume that the third party is acting under your authority and direction and you agree that you are responsible for their actions. The Client agrees to notify the Agency immediately of any unauthorized use of their account or security breaches.

8. Client Obligations

  • 8.1 Content and Materials: The Client is solely responsible for providing all necessary Client Content in a timely manner and suitable format for the Agency to perform the Services. Delays in providing content may impact project timelines and deliverables.

  • 8.2 Approvals and Feedback: The Client agrees to provide timely feedback and approvals as requested by the Agency to facilitate the website build and maintenance process.

  • 8.3 Compliance: The Client warrants that all Client Content provided does not infringe upon the intellectual property rights or privacy rights of any third party and complies with all applicable laws and regulations (including those related to accessibility, privacy, and e-commerce if applicable). The Client agrees not to use the Services for any objectionable, illegal or unauthorized purpose.

  • 8.4 Acceptable Use: The Client agrees not to use the Services or Website for distributing malware, engaging in phishing scams, sending unsolicited bulk email (spam), hosting excessively large files unrelated to the website’s primary function, or engaging in activities that unduly burden the Agency’s server infrastructure.

  • 8.5 Your system: You are solely responsible for ensuring your system and network is secure against attacks by viruses or other disruptive technologies, and that you keep a backup copy of all content that you have uploaded for your Website.  Depending on your Subscription Plan a backup will be taken daily or weekly and stored for one week.  We will not be responsible for any loss, damages or costs as a result of your failure to back up data or secure your computer system and/or networks.

9. Agency Obligations

  • 9.1 Standard of Care: The Agency will perform the Services with reasonable skill, care, and diligence, consistent with professional standards in the web development industry.

  • 9.2 Communication: The Agency will maintain reasonable communication with the Client, primarily through the Client Portal or designated email channels, regarding the status of work and any necessary inputs.

  • 9.3 Security: Websites Unlimited uses security practices to keep your data safe from hackers but cannot guarantee that our service will be free from external attacks such as hackers and viruses (even government organisations have not been able to keep out hackers).  We also cannot guarantee that the Services or Website will be free from error or delays or that it will always be available.

10. Intellectual Property (IP)

  • 10.1 Client Content: The Client retains all ownership rights to the Client Content provided to the Agency. The Client grants the Agency a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute the Client Content. All intellectual property rights in any content you upload or add to your website (collectively “client content”) shall remain your or the relevant licensor’s property, you shall not upload or post any content that infringes on the IP rights of any party unless you have their express permission.
  • 10.2 Agency: The Agency retains full ownership of all its pre-existing and developed intellectual property, including but not limited to its text, software, music, sound, photographs, graphics, video, animations, design, proprietary software, the underlying platform, code libraries, development frameworks, themes, plugins, server configurations, methodologies, and all code (including front-end code such as HTML, CSS, JavaScript generated by or forming part of the Agency’s platform or Services), or other content which is not Client content used to provide the Services (“Agency IP”).  You acknowledge that any Agency content (or supplier) content including intellectual property must not be copied, reverse engineered, tampered with, interferred with, damaging, endangering, transferred or modified. You may not sell, licence or provide any of our our content or intellectual property to any other parties without our written permission.
  • 10.3 Client’s Limited Right to Use Website:
    • During an active and fully paid Subscription term, the Client is granted a limited, non-exclusive, non-transferable, revocable license solely to access and use the functional Website provided and hosted by the Agency as part of the ongoing Services.
    • The Client explicitly acknowledges and agrees that they acquire NO ownership rights, title, or transferable interest in the Website itself, including its design, structure, code, databases, or any associated files or Agency IP.
    • The Website provided under this Service is intrinsically linked to, and dependent upon, the Agency’s proprietary platform, hosting environment, and ongoing Services. It is not designed, intended, or permitted to be transferred, migrated, copied, exported, or hosted by any third-party provider, on any other hosting environment, or used independently of the Agency’s active Services. Any attempt to do so constitutes a material breach of this Agreement.
  • 10.4 3rd Party Products: Links and information provided by Websites Unlimited regarding third party products, are for informational purposes only and are not supported by us.
  • 10.5 Improvement suggestions and bug fixes: You acknowledge and understand that by providing suggestions, changes, fixes or improvements to our Services, that they shall become part of our intellectual property for the purpose of enhancing our offering.

11. Confidentiality Agreement

  • 11.1 Party confidentiality: Both parties agree to keep confidential any non-public information disclosed by the other party in connection with this Agreement. This obligation survives termination of the Agreement. Exclusions apply for information that is publicly known, independently developed, or required to be disclosed by law.

12. Domain Names and Internet Protocol (IP) addresses

  • 12.1 Domain Name: Websites Unlimited registers domain names on an annual basis on your behalf if required. You retain ownership of your domain name at all times and your domain will be registered against your name using the information you provide us (which must be correct).  If you do not pay any amount due to us when due, or terminate your Services, we may cease to maintain your Domain Name registration.
  • 12.2 Available Domain Name Extensions: The free domain name included with all our subscription plans will only be provided for the following domain name extensions and this list could be updated at any time without notice: .ac.nz, .app, .au, .biz, .co.nz, .com, .com.au, .com.co, .info, .kiwi, .kiwi.nz, .maori.nz, .me, .net, .net.au, .net.co, .net.nz, .nz, .online, .org, .org.au, .org.nz, .school.nz.

  • 12.3 Domain Name Process and Responsibilities

    • (a) Registration Included: If the Client’s Subscription Plan includes the registration and/or management of one or more domain names by the Agency, the following process applies during the initial sign-up or website setup phase.
    • (b) Availability Check: The Client may request a specific domain name for their Website. Assuming the domain name is determined to be appropriate solely by the Agency, we will attempt to register your preferred domain name. However, you acknowledge that domain name availability is determined by third-party domain registration authorities in real-time, and the Agency cannot guarantee the availability or successful registration of any specific domain name requested by the Client.
    • (c) Process if Preferred Domain is Unavailable: If the Client’s first-choice domain name is found to be already registered. inappropriate or otherwise unavailable, the Agency will notify the Client. The Client will then have the following options:
      • (i) Provide Alternative Suggestion(s): The Client may provide one or more alternative domain names for the Agency to check for availability and appropriateness and register on the Client’s behalf.
      • (ii) Use Existing Domain: The Client may choose to use a domain name that they have already registered independently. In this case, the Client must provide the domain name details to the Agency and is responsible for making the necessary DNS (Domain Name System) configuration changes (e.g., updating nameservers, A records, or CNAME records as instructed by the Agency) to point the domain name to the website hosted by the Agency. The Client remains solely responsible for the ongoing renewal fees and management of any domain name they register and own independently.
      • (iii) Select Different Extension: The Client may request the same desired name but with a different available domain name extension (e.g., switching from .com to .co.nz or .net), provided the chosen extension is supported and included within the scope of domain services offered by the Agency under the Client’s Subscription Plan.
    • (d) Client Responsibility: The Client is responsible for making a selection from the options in section 9.3(c) in a timely manner. Delays in providing an alternative domain suggestion or configuring an existing domain may impact the timeline for the Website build and launch.
  • 12.4 Accuracy of Domain Registrant Information: The Client warrants that all information provided to the Agency for the purpose of domain name registration (including, but not limited to, the legal registrant name, physical address, email address, and phone number) is, and will be kept, current, complete, accurate, and truthful.The Client acknowledges that:(i) Domain name registration and administration are governed by the specific rules, policies, and dispute resolution procedures set by third-party governing bodies (such as the Domain Name Commission Limited for .nz domains, or ICANN for generic Top-Level Domains) (“Registry Policies”).

    (ii) Providing false, misleading, incomplete, or inaccurate registrant information constitutes a breach of these Terms and may violate applicable Registry Policies.

    (iii) Such violations can lead to the suspension or permanent revocation (cancellation) of the domain name registration by the relevant governing body or domain registrar, independent of the Agency.

  • In the event that a domain name registration is suspended or revoked, the Client will not be entitled to a refund from the Agency for any domain registration fees. This is because such fees are paid by the Agency to the third-party registrar and are typically non-refundable once the registration attempt is processed.Should the Client discover they have accidentally provided incorrect information (e.g., due to a typographical error), the Client must notify the Agency immediately upon discovery. The Agency will, on a reasonable endeavours basis and subject to the relevant registry’s procedures and timelines, assist the Client in attempting to update the information. The Client agrees to cooperate fully and promptly provide any necessary corrected information or documentation required for this process. The success of any correction attempt is subject to the rules and discretion of the relevant domain registry.

 

  • 12.5 Client Provided Domain Names: The clauses of this Section [12.5] apply specifically when the Client elects to use a domain name that the Client has registered and manages independently of the Agency (“Client-Provided Domain”) in connection with the Services.
    • (a) Ownership and Responsibility: The Client warrants that they are the legal registrant or have the explicit authority of the legal registrant to use the Client-Provided Domain. The Client shall retain sole ownership, control, and responsibility for the Client-Provided Domain at all times. This responsibility includes, without limitation: (i) Maintaining the domain name registration in good standing with the relevant domain name registrar (“Registrar”) and applicable registry (e.g., Domain Name Commission Limited for .nz domains, ICANN-accredited registrars for gTLDs); (ii) Paying all registration, renewal, and other fees associated with the Client-Provided Domain directly to the Registrar or relevant third party; (iii) Ensuring compliance with all terms, conditions, policies, rules, and dispute resolution procedures of the Registrar and the applicable domain name registry; and (iv) Managing all contact information associated with the domain registration and ensuring its accuracy.
    • (b) DNS Configuration: To utilise the Services with a Client-Provided Domain, the Client must configure the Domain Name System (DNS) settings for that domain as instructed by the Agency. This typically involves updating nameservers or specific DNS records (e.g., A, CNAME, MX records) through the Client’s account with their Registrar or DNS hosting provider. The Agency will provide the necessary configuration details, but the Client is solely responsible for correctly implementing these changes. The Agency shall not be liable for any service interruption, website unavailability, email delivery issues, or other problems arising from the Client’s failure to correctly configure or maintain the required DNS settings for the Client-Provided Domain.
    • (c) No Agency Liability for Client-Provided Domain: The Agency assumes no responsibility or liability whatsoever in relation to any Client-Provided Domain. This exclusion of liability extends to, but is not limited to, issues arising from:
      (i) Domain name expiration or non-renewal;
      (ii) Domain name hijacking, theft, or unauthorised transfer;
      (iii) Domain name disputes (including under the Uniform Domain Name Dispute Resolution Policy (UDRP) or .nz Dispute Resolution Service (DRS));
      (iv) Errors or omissions in the Client’s DNS configuration;
      (v) Failures or actions of the Client’s chosen Registrar or DNS hosting provider; or
      (vi) Any costs incurred by the Client related to the registration, renewal, transfer, or management of the Client-Provided Domain.
    • (d) Client Cooperation: The Client agrees to cooperate promptly with the Agency and provide any necessary information or undertake required actions related to the Client-Provided Domain if reasonably required by the Agency solely for the purpose of configuring or troubleshooting the Services supplied by the Agency (e.g., verifying DNS propagation).
    • (e) Effect of Termination: Upon termination or expiration of this Agreement, the Client remains solely responsible for the Client-Provided Domain. The Agency will cease providing Services associated with that domain, but the domain’s registration status and management remain entirely the Client’s responsibility with their chosen Registrar.

13. Term and Termination

  • 13.1 Term: This Agreement commences on the Effective Date and continues month-to-month unless terminated earlier.
  • 13.2 Termination by Client: The Client may terminate the Services at any time by providing written notice to the Agency via email or through the Client Portal. Termination will be effective at the end of the current paid billing cycle. No refunds will be provided for partial months.
  • 13.3 Termination by Agency: The Agency may terminate this Agreement:
    • a) With at least 28 days’ written notice for any reason.
    • b) Immediately upon written notice if the Client (or third parties via your website) breaches any material term of this Agreement, including non-payment or violation of acceptable use and fails to remedy the breach within 7 days of notification (or immediately for severe breaches).
  • 13.4 Consequences of Termination: Unless agreed in writing by the Agency and any applicable fees are paid in advance. Upon termination of this Agreement for any reason:
    •  
    • The Client’s limited license to access and use the Website (as defined in Section 10.3) is immediately and automatically revoked.
    • Access to the Client Portal and all ongoing Services will cease.
    • Any outstanding Subscription Fees up to the effective date of termination become immediately due and payable.
    • The Website hosted by the Agency will cease to be functional and publicly accessible within 24 hours of the termination date.
    • Unless terminated immediately and provided all outstanding fees are paid in full, the Agency will use reasonable efforts to provide the Client with 14 days notice prior to termination, to download an export of their raw Client Content (as defined in Section 10.1, e.g., text and image files originally provided by the Client).
    • For the avoidance of doubt, this export will NOT include any website design files, themes, plugins, code (front-end or back-end), databases, configuration files, Agency IP, or any other files constituting the functional Website. The Client is solely responsible for securing their Client Content within the provided timeframe.
    • All past Client Content and associated data may be permanently deleted from Agency systems according to our data retention policy after 28 days post-termination.

14. Warranties and Disclaimers

  • 14.1 Mutual Warranties: Each party represents and warrants that it has the legal power and authority to enter into this Agreement.  

  • 14.2 Agency Warranty: The Agency warrants that the Services will be performed in a professional manner consistent with industry standards.

  • 14.3 Disclaimers: EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENCY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, FITNESS OR SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE AGENCY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE CLIENT ACKNOWLEDGES THAT OUR SERVICES AND WEBSITE HOSTING INVOLVES RISKS OF DOWNTIME AND SECURITY BREACHES. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS ON OUR WEBSITE.  

  • 14.4 Consumer Guarantees Act 1993 (NZ): If the Client is acquiring the Services for business purposes within the meaning of the Consumer Guarantees Act 1993 (CGA), the parties agree that the provisions of the CGA do not apply to the supply of Services under this Agreement. If the Client is a “consumer” as defined by the CGA, then nothing in this Agreement is intended to limit the Client’s rights under the CGA, where applicable law prevents such limitation.

  • 14.5 Others use: We are not responsible for the content of websites used by other users of Websites Unlimited Services and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such other websites.

15. Limitation of Liability

  • 15.1 Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBSITES UNLIMITED NOR ITS SUPPLIERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND REPRESENTATIVES SHALL NOT BE LIABLE TO THE CLIENT (OR THE CLIENTS END USERS) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 15.2 Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGENCY’S TOTAL AGGREGATE LIABILITY TO THE CLIENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE CLIENT TO THE AGENCY DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • 15.3 Linked Websites:The Agency’s website, and potentially websites hosted for Clients utilising the Services, may contain hyperlinks directing users to external websites or resources owned and operated by third parties (“Third-Party Sites”). You agree that:
  • (a) Such hyperlinks are provided solely for convenience and informational purposes. The inclusion of any hyperlink to a Third-Party Site does not constitute nor imply any endorsement, approval, recommendation, affiliation, or sponsorship by the Agency of that Third-Party Site, its operators, or any content, products, or services available thereon. The Agency exercises no control over, and assumes no responsibility or liability whatsoever for, the content, accuracy, legality, security practices, or functioning of any Third-Party Site.
  • (b)To the maximum extent permitted by applicable New Zealand law (including the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986), the Agency expressly disclaims all liability for any direct or indirect loss, damage, cost, or expense of any kind arising out of or in connection with:
    (i) Your access to, use of, or reliance upon any Third-Party Site, integrations, connections or information contained therein; or
    (ii) Any transaction conducted between you and the operator of a Third-Party Site.
  • (c) Your decision to access and use any Third-Party Site linked from our website or Services is made entirely at your own risk. You are advised to review the applicable terms and conditions, privacy policies, and security practices of any Third-Party Site before engaging with it or providing any personal information.
  • 15.4 Business use: Where you acquire or are acquiring goods or services from us for the purpose of a business, the provisions of applicable consumer laws (ie the New Zealand Consumer Guarantees Act 1993) will not apply.
  • 15.5 Technological harm: We will not be liable for any loss or damage arising as a result of a virus, hacking or service attacks, or other technologically harmful material or actions that may infect your computer systems, equipment, programs, network, data or other proprietary material due to your use of our site or services.  Nor will we be liable for any lost revenue or business opportunities you suffer if your Website, our Website, Email systems or Client Portal is down for any reason.

16. Indemnification

  • 16.1 Agree to indemnify: You agree to indemnify, defend, and hold harmless Websites Unlimited and its officers, directors, employees, agents, successors, and representatives from and against any claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including without limitation legal and accounting fees and costs) arising out of, related to, or in connection with any of the following:
    • (a) Client Content: Any content, data, or materials uploaded, stored, displayed, transmitted, or linked to by you or your end-users via the Services, including but not limited to Claims alleging that such Client Content infringes intellectual property rights, violates privacy rights, is defamatory, obscene, illegal, violates the Acceptable Use policy, or otherwise harms a third party.
    • (b) Breach of Agreement: Any breach by you of your representations, warranties, covenants, or obligations under this Agreement (including the Terms and Conditions, Acceptable Use policy, and Privacy Policy).
    • (c) Use of Services: Your use of the Services in a manner not expressly permitted by this Agreement, or in violation of any applicable law or regulation.
    • (d) Client’s Business Activities: Any Claim related to your business operations, the products or services you offer via the Website, your interactions or transactions with your own customers or end-users, or your failure to comply with laws applicable to your business (including e-commerce, consumer protection, and data privacy laws).
    • (e) Domain Name Information: Any Claim arising from inaccurate, false, or misleading information provided by you for the purpose of domain name registration, or any dispute regarding your right to use a domain name associated with the Services.
    • (f) Negligence or Wilful Misconduct: Any negligent acts or omissions, or wilful misconduct by you, your employees, agents, or contractors.
  • 16.2 Survival: This Section (16. Indemnification) shall survive the termination or expiration of this Agreement.

17. Force Majeure

  • 17.1 Beyond Our Control: Websites Unlimited shall not be liable for any losses, delays or failure to perform its obligations due to causes beyond our reasonable control (e.g., acts of God, natural disasters, war, invasion, act of foreign enemies, civil war, military or usurped power of confiscation, labour dispute, strikes, government actions, plagues or illness, interruption, failures or suspension to utility services (including but not limited to electricity, telephone, network communications or hosting failures).

18. Data Protection and Privacy

  • The Agency will collect, use, and store Client personal information in accordance with its Privacy Policy and the New Zealand Privacy Act 2020. If the Agency processes personal data of individuals in the European Union or other jurisdictions with specific data protection laws (like GDPR), the Privacy Policy should address compliance with those regulations.

19. Governing Law and Dispute Resolution

  • 19.1 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.  

  • 19.2 Jurisdiction: The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any claims or disputes arising out of or in connection with this Agreement.

  • 19.3 Dispute Resolution: The parties agree to first attempt to resolve any dispute arising out of this Agreement through good faith negotiation. If the dispute cannot be resolved within 28 days, either party may pursue legal remedies available under New Zealand law.

  • 19.4 Your Jurisdiction: You agree to use our website, products and services in accordance with all laws that apply to you and your business, including all those of the country or countries where your business or organisation is based or operates from.

20. Amendments

  • The Agency reserves the right to modify these Terms at any time. We will provide reasonable notice of significant changes (e.g., via email or a notification in the Client Portal), and the updated Terms will be posted on our website. Continued use of the Services after the effective date of the changes constitutes acceptance of the modified Terms.

21. General Provisions

  • 21.1 Entire Agreement: This Agreement (including the chosen Subscription Plan details and the Privacy Policy) constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements or understandings, whether written or oral.  

  • 21.2 Severability: Each clause or provision of these terms and conditions operates seperately. If any clause or provision of this Agreement is found to be invalid or unenforceable, the remaining clauses or provisions will remain in full force and effect.  

  • 21.3 No Waiver: No failure or delay by the Agency to exercise any right, power, privilege, or remedy provided under this Agreement or by law shall operate as a waiver thereof. Similarly, no single or partial exercise of any right, power, privilege, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, privilege, or remedy. Any waiver by the Agency of a breach of any term or condition of this Agreement by the Client must be expressly stated in writing and signed by a duly authorised representative of the Agency to be effective. A written waiver shall be effective only in the specific instance and for the specific purpose identified in such written waiver. It shall not constitute a waiver of any subsequent breach or default of the same or any other provision of this Agreement, nor shall it affect the validity or enforceability of any other term or condition of this Agreement. The rights, powers, privileges, and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers, privileges, or remedies provided by law independently of this Agreement.

  • 21.4 Assignment: The Client may not assign or transfer this Agreement without the prior written consent of the Agency. The Agency may assign or transfer this Agreement to another organisation, but this will not affect the parties rights or obligations under these terms and conditions.  You may only transfer your rights or obligations under these terms and conditions to another entity or person with Websites Unlimited agreement in writing.

  • 21.5 Notices: Notices required under this Agreement shall be in writing and sent to the addresses specified by each party (email or Client Portal notification being sufficient).

22. Acceptance

  • By clicking “I Agree”, completing the sign-up process, making the first payment, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

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