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”, “Agreement”). If you do not agree to these Terms, 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 (“you, “your”)
2. Definitions
“Services”: The subscription-based 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, 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.
4. Website Resources and Data:
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:
4. Subscription and Payment
5. Client Portal Access
5.1 Grant of Access: Upon successful payment of the first Subscription Fee, the Client will be granted access to the Client Portal.
5.2 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.
6. Client Obligations
6.1 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.
6.2 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.
6.3 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.
6.4 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.
7. Agency Obligations
7.1 Standard of Care: The Agency will perform the Services with reasonable skill, care, and diligence, consistent with professional standards in the web development industry.
7.2 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. Confidentiality
9. Domain Names and Internet Protocol (IP) addresses
9.3 Domain Name Process and Responsibilities
The Client acknowledges that:
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.
10. Term and Termination
10.1 Term: This Agreement commences on the Effective Date and continues month-to-month unless terminated earlier.
10.2 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.
10.3 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).
10.4 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 8.3) 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 8.1, 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.
11. Warranties and Disclaimers
11.1 Mutual Warranties: Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
11.2 Agency Warranty: The Agency warrants that the Services will be performed in a professional manner consistent with industry standards.
11.3 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 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 WEBSITE HOSTING INVOLVES RISKS OF DOWNTIME AND SECURITY BREACHES.
11.4 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.
12. Limitation of Liability
12.1 Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY 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.
12.2 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.
12.3 Exceptions: The limitations of liability in this Section 12 shall not apply to liability arising from a party’s gross negligence, willful misconduct, breach of confidentiality obligations, indemnification obligations (if any included), or violation of the other party’s intellectual property rights.
14. 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.
15. Governing Law and Dispute Resolution
15.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.
15.2 Jurisdiction: The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any disputes arising out of or in connection with this Agreement.
15.3 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. Where either Party deems it appropriate mediation would be considered prior to litigation.
16. 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.
17. General Provisions
17.1 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.
17.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17.3 Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
17.4 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. This Agreement is strictly between you and us. No other person shall have any rights to enforce the terms within this agreement.
17.5 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 for most operational matters).
17.6 Force Majeure: Websites Unlimited shall not be liable for any delay 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. 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.
Hours of operation: 9AM to 5PM NZST, Monday to Friday.
Providing everything you need to have your website or online store built and maintained with unlimited updates and changes for an affordable monthly fee.
