TERMS AND CONDITIONS
COMBO MARKETING Limited
COMBO MARKETING WILL PROVIDE...
All Products and Services are provided on the following Terms and Conditions. Any user of Combo Marketing products or services is deemed to be doing so exclusively on these Terms & Conditions whether a separate agreement has been signed or not. Please check this page regularly as it is updated from time to time and the amendments are current when published. You were/are given the oportunity to read and accept these terms and conditions prior to opening your account. By continuing the action of opening an online account with Combo Marketing you are in agreement with the following terms and conditions.
IMPORTANT: PLEASE READ ALSO
Our Combo Marketing Privacy Statement and Policy PRIVACY POLICY
GENERAL
By using this website and/or any of our products or services you have hereby agreed to the following Terms and Conditions.
We WILL NOT give, hire, share or sell any information about you to any person or organisation. Our site uses forms in which you give us contact information. eg; your name, address, daytime telephone number, and email address etc, so you can place orders, request information and support, product improvement suggestions and for billing purposes. You can also make use of our various free services. We create a unique account ID for you. If you choose to order from us using a credit card, we will collect your credit card details but we do not store them. If you contact us for support, we may keep an internal record of what support was given. We use your customer information only when it will be important for us to contact you and/or improve or maintain our services to you. For billing and for collection services.
SECURITY
This site has security measures in place to reduce the risk of loss, misuse and alteration of the information under our control. You are responsible for protecting your passwords and for any authorised or unauthorised access to your user account or our networks. All actions resulting from your passwords or your website access being compromised will remain your sole responsibility.
SENDING EMAILS
We use emails to communicate with you. For all invoicing, billing and to confirm your placed orders. All of your billing invoices and transactions are available to view/print online. If you request regular standard manual post and/or hard copy print of your invoices, transactions or records we will charge an additional fee for this service. We also provide email contactus links to allow you to contact us directly. We strive to promptly reply to your messages. We may email you regarding functionality changes to our products, our web site, or new product and services, and special offers we think you will find to be of value or benefit. If you would rather not receive this information, you will be given the opportunity to Opt Out from every email we send or by logging on to Combo Control and self managing your user account.
Note: If you are using any of our free service systems you will be required to receive an auto info email once every 12-24 months to ensure your self managed contact details are current and up to date. You must manitain a valid email contact to use any of our free services or your listings and data will be removed and forgotten.
CHANGES IN OUR TERMS AND CONDITIONS
Combo Marketing Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Conditions and Use, at any time. Your continued use of our websites, products or services following the posting of changes will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Conditions periodically for changes. We will notify you via email. If we make changes to our policies and practices or other privacy aspects from time to time, it is to help keep up to date with legal responsibilities and the latest trends and security issues in the industry. We will post these changes on this page and they will become effective when posted. Please check this page on a regular basis.
CONTENT and INTELLECTUAL COPYRIGHT
Except for any Intellectual Property in the Materials you supply and any Content Materials supplied, we and our suppliers own all Intellectual Property in a Website and its functionality.
This includes...
1) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, by Combo Marketing Limited and is protected by copyright and various other intellectual property right laws. No part of the Site and no Content may be copied, reproduced, re-published, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way including “mirroring” to any other computer, server, website or other medium or media for publication or distribution or for any commercial use.
2) We use our own exclusive code for website interfaces, layouts and templates for more than one client. We use a wide range of interface modules for the management and marketing of online enterprise(s). Therefore, except for your Intellectual Property in Your Materials and any Content Materials, and your own data, we and our suppliers own all Intellectual Property in the Website including, but not limited to, any code, the user and administration interfaces, measurement, administration and tracking tools and all new Intellectual Property (if any) developed or created by us, our agents, employees and contractors in connection with the Services Provided.
eg; Website builder, shopping carts, client feedback systems, blogs, marketing systems and several other modules and the code are covered by copy right law clause 1) and 2) above and cannot be used in the event of a website tranferring to another service provider or server.
Should any Combo Marketing copy right material be requested it will require a credit reference to Combo Marketing if an agreement or Licence to Use is granted and must be approved before going live.
PAYMENT FOR SERVICES AND BILLING
You agree to pay the Charges for our Services as follows:
All invoices are due for payment by return when created. You agree to make payment within 7 days unless you contact us and make an agreement to extend the payment period. Website design and development services may extend over a period of weeks for various reasons. We may bill you for your webwork project development and updates on a 2 weekly cycle. We may suspend development if any amount becomes overdue. Once design or development of your website is started you accept responsibility for and guarantee payment for all work on your website that has been undertaken wether it is later used, stored, archived or launched online. All time based products and services are for time and quantity as stated on the invoice when billed. Design, layout, graphics, server software, data storage and SEO services are expertise and copyright protected to Combo Marketing and are generally ongoing and will not automatically be made available to any third party.
You agree to price adjustments to our listed services. These prices may be adjusted up or down from time to time and you agree to pay the current rate at the time of invoicing.
HOSTING SERVICES
We will invoice you in advance for the standard periods of time from the time your website becomes live on our server or later at our discretion. Charges for the Hosting Services are payable for the chosen period in advance. We will not be held responsible for an amount becoming overdue and any service being cancelled or withheld or suspended. Should your credit card or other form of payment be declined by your credit service provider you hereby indemnify Combo Marketing from any charge of loss or liability to yourself or organisation affected by such cancellation of service.
CANCELLATION OF A SERVICE OR PRODUCT
If you cancel any service or product the cancellation will take effect immediately or as and when requested. The billing will take effect from the end of the current billing period. No credits will be issued for any unused portion of a service period. eg; a) If you cancel a domain name 6 months after a 12 month registration? No credit can be issued but the domain name can be cancelled immediately or at the end of the registration period. b) If you cancel a hosting service part way through a billed period, the hosting can be stopped immediately or at the end of the current billed period, but no credit can be issued for any partial period remaining. Note: The cancellation service is free, but partial credits for prepaid time remaining can not have a credit issued.
Please note the following
Immediately as of the date and time stamp of sending a requested UDAI via email to your address
Combo Marketing accepts no further responsibility for the availability or performance of any website related to that domain name and UDAI.
As you immediately have at your disposal and any person(s) or organisation you make the UDAI available to, free and full access to the domain name, DNS configuration, website availability and email functionality. It is your responsibility to ensure the functionality and security of all content, the web site availability and any other functionality associated with the domain name.
Combo Marketing will continue to offer support, hosting, design and any other service requested on a prepay or credit card auto pay basis only.
GENERAL PAYMENT CONDITIONS
We reserve the right to suspend any service provided to you by Combo Marketing Ltd at anytime for reason of late or non payment of a service we provide.
You agree that Combo Marketing will not be held liable for any disruption to yourself, your business, or operation, or your clients as the result of a service being suspended or canceled.
You indemnify us from any claim for any loss of profit arising from a suspension or cancellation of any product or service.
You accept responsibility to prepay for any costs arising (if any) for the reestablishment of any service to you. You accept that after a service is reinstated there is a delay beyond our control until the DNS is reactivated. Usually no more than 48 hours.
You indemnify us, our employees, our agents and any other party acting under our instructions from any claims arising from you or any third party affected by any such suspension or cancellation of services.
When you make a partial payment of an amount that is owing, we will credit the payment against the most overdue (if any) part of the account first. It is your responsibility to ensure critical services do not expire as a result of late or overdue payment.
You agree to pay all collection costs, interest and any other fees associated with collection of overdue monies should we deem it necessary to pass your account to our collection agency.
SERVICES
We do aim to provide you with consistent reliable, dependable hosting and all other services. We do not guarantee that any services, website, or all content, will at all times be error free or uninterrupted. As an IT based Company and service we depend on a number of third party suppliers and carriers. We therefore make no false claims as to 100% up time. However an outage is rare. Reinstatement is treated with urgency and important. We make every attempt we can to ensure continuity. You agree to indemnify Combo Marketing Ltd its employees, its agents from all claims of liability, for loss of profit, inconvenience or any other claim by you, your company or your employees or agents for service interruption. No credit shall be due from Combo Marketing Ltd for any period of interruption for any reason. Except at the discretion of Combo Marketing Ltd
REASONABLE USE
We offer our time and products on a reasonable use basis.
Hosting is for unlimited band width. However if we deem an account is using excessive band width and likely to impact on services to other clients, we reserve the right to limit that account.
Free support. We offer free support on all products and services on a reasonable use time factor. This is limited to 30 minutes of FREE TIME per customer per month. After which time a charge may apply. Please enquire.
CMS. Website builders. Where a website is edited and maintained by a site owner or 3rd party the FREE service does not apply except to work undertaken solely by Combo Marketing. All bugs, fixes and amendments to website owner or 3rd party webwork is chargeable
BACKUPS AND DATA PROTECTION
Combo Marketing for our own purposes ensures all data is progressively held on backup media. With our standard free service every attempt is made to backup and store electronic data responsibly and securely. However, no liability is accepted by Combo Marketing for corrupted data or non recoverable data at any given time. No guarantee is given that our own backup service alone is sufficient for any one particular business or account holder. You must determine your own additional backup requirements if any and maintain backup data necessary to replace any of your data that is lost or damaged from any cause. You must obtain, and if required pay for, any consents and licenses required for you or us to incorporate third party materials in the Website
Combo Marketing offer additional backup services to any account holder, or where the account holder makes such a request and pays the agreed fees relating to such services.
Where an account holder uses an alternative supplier to manage the website content it is recommended that a backup copy of such work is retained by the supplier.
You hereby agree to indemnify Combo Marketing from liability for;
Loss of income
Loss of profits
Inconvenience
Company, business or personal expences
Re-establishment costs or expenses
Through the loss of ... or corruption of ... electronic data.
SETTING UP OR RESTORATION OF YOUR SYSTEMS
On your PC. Laptop or Smart Phone or any Mobile Device.
We are often asked to help setup or reset systems and preferences when someone buys a new PC, smart phone or other device. Everything is working fine, then on transfer to new equipment either all or some of the previous settings are no longer valid or work! The process of transferring or setting up your systems and internet access on the new equipment can sometimes be a challenge.This is NOT part of our core business. We do not take any responsibility for your personal equipment, transfers, settings, setup or ISP internet connections. This process is your responsibility or that of your personal IT consultant or supplier.
However because of our wide spectrum of experience and our cross platform expertise we will assist in any way we can but only when requested and on our normal charge rate basis. It can be quite a time consuming task, but we can in most cases successfully assist in the process of finding a solution. You will in most cases unless otherwise notified be billed for our time and assistance for this service. We cannot guarantee successful setup or to find a solution to problems. Our charges will apply regardless of the outcome of our attempts to assist. You may still need your local IT assistant who shall not be a part of this agreement or billing process.
WHAT HAPPENS IF ...
I terminate or request closure of my user account. If you have had any monetory transactions with us, when your account is closed it is archived for a period of time. Your account can not be archived or closed while any outstanding balances are due. Debits or Credits. We may retain and use your personally identifiable information if necessary in order to resolve disputes and/or enforce our agreements or payments. We reserve the right to allow public notification off all unpaid accounts including the Name of the Business. Name of the Person(s) governing or owning the business. The address from which the business is registered or from which it operated. Unless ordered by a court or official office to cease publication.
If there have been no monitory or other transactions your records are removed totally from the database immediately. Your use of all free services provided by Combo Marketing Ltd will also be cancelled.
THINGS WE MAY DO
We may use information gathered from our site statistics (for example your IP address) to help diagnose problems and offer a better service to our clients, and to administer our/your Web Site. We also gather broad demographic information from this data to help us improve our/your web site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system. Our network of Website Directories also contain many links to other websites over which we have no control. Combo Marketing Ltd is not responsible for the privacy practices or the content of such web sites or any third party service provider.
WHERE GOVERNED
The terms and conditions of use and agreements of Combo Marketing Ltd shall be governed by New Zealand law. Any, dispute, or other matter arising that cannot be settled between the parties shall be decided in a New Zealand court of law. In any one claim or case Combo Marketing Ltd shall not be held liable for more than the total sum of 12 months fees or charges of Combo Marketing Ltd for the service which has given rise to the dispute
IMPORTANT: PLEASE READ ALSO
Our Combo Marketing Privacy Statement and Policy PRIVACY POLICY