The Registrant has requested MK MEDIA to provide services to him/her/it and MK MEDIA has agreed to do so on the terms and conditions set out in this Agreement.
For the purposes of this Agreement the following words have the following meanings assigned to them:
“Us”, “We” and “Our” means MK Media Limited trading as MK Media (“MK MEDIA”). MK MEDIA includes its employees and directors.
“Customer”, “You” and “Your” means the Registrant.
“DNC” means the office of the Domain Name Commissioner.
“GDPR” means General Data Protection Regulation.
The “Service” means the provision of MK MEDIA services including but not limited to: web design services, web hosting, SSL certificates and labour.
The “Agreement” means Terms and Conditions and the details on the Application for an account.
The “Users” refers to the Customer’s employees, agents, affiliates and customers.
These terms and conditions are the terms on which MK MEDIA provides the Service to the customers, modified only by any written variation between MK MEDIA and the Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede all prior agreements. MK MEDIA may modify these terms, the pricing structure for the Service and the operation of the Service by notice to (the last email address provided to MK MEDIA by) the Customer.
MK MEDIA retains the right to refuse service to anyone at any time.
a) The Service is an automatically renewing subscription payable in advance.
b) Payments can only be made via our current payment gateway. Our current payment gateway is Stripe. All credit card payments incur a surcharge of 2.9% + NZD$0.30
c) MK Media does not store or retain any credit card details. All payment details are stored securely by our current payment provider. Our current payment provider is Stripe.
d) The Customer must pay for all Service 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 MK MEDIA resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.
e) The Customer is liable for all overuse on their account and must pay all service overuse charges as they arise.
f) MK MEDIA reserves the right to upgrade accounts that regularly exceed their quota, where this is a lesser charge than overuse. In the event of an upgrade, MK MEDIA will provide 7-days written notice of the change and any fees that may apply. Customers can downgrade accounts at any time once usage has been reduced.
The Customer must provide and pay for all equipment and related software and services needed to access or utilise the Service at their own cost.
a) Payment for all service is due upon the order 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 14 days of the billing date. Where a charge is in dispute the Customer may request to have this refunded until the dispute can be settled. Undisputed charges will not be refunded.
b) No credit terms are given, all accounts must be paid by the due date.
c) Accounts with an overdue balance may be suspended without further warning. Suspended accounts may not be altered or closed until full payment is received.
d) Suspended accounts may be sent to MK MEDIA’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.
MK MEDIA 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.
MK MEDIA 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, MK MEDIA shall return the outstanding balance of the security deposit, without interest.
The Customer consents to MK MEDIA obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by MK MEDIA of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
MK MEDIA 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.
The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies MK MEDIA 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 MK MEDIA 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
MK MEDIA 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 MK MEDIA. The Service is provided to the Customer at such times and means as MK MEDIA decides.
Except as provided in clause 12 MK MEDIA 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 MK MEDIA’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. MK MEDIA does not provide support for third party software, including software downloaded from the Internet.
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 MK MEDIA 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 MK MEDIA. However, MK MEDIA’s liability for any breach of such implied term or warranty will be limited at MK MEDIA’s option in accordance with this clause or in any way permitted by the legislation.
The Customer shall indemnify MK MEDIA against any loss (including any loss of profit) incurred by MK MEDIA as a result of any breach of the terms of any agreement with MK MEDIA including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
The Customer shall indemnify MK MEDIA against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.
a) Services are provided for a minimum term, dependent on the billing term you purchased the services on.
b) Minimum term arrangements: Upon the expiry of the term, Goods and Services will change to a non-fixed term agreement and continue to be provided, if the Customer continues to make payments to renew the services.
(a) If the Customer wishes to cancel before the end of the minimum term, they can do so by written notice, or by termination in their control panel. No refunds will be given for early cancellations during the minimum term.
c) Either party may terminate a non-fixed term agreement with written notice.
(a) Any balance owing on an account must be paid prior to closure.
d) 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.
e) After reasonable notice is given MK MEDIA may terminate any agreement of the provision of any Service if:
(a) the Customer breaches any term of any agreement; or
(b) for any other reason given with one month’s notice.
f) Upon the request of the Customer for termination or due to an MK MEDIA procedure, all customer data, email, back-ups and configurations will be deleted from our servers.
MK MEDIA 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 MK MEDIA 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 MK MEDIA’s opinion may have the effect of jeopardising the operation of any service.
Notwithstanding 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.
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.
The Customer cannot assign its rights under the agreement without the prior written consent of MK MEDIA. MK MEDIA may transfer our rights and responsibilities under this assignment to another party with 30 days’ written notice to you.
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
Users of MK MEDIA are expected to adhere to all the policies of MK MEDIA, available in writing upon request.
While spamming and port scanning may not currently be fully illegal activities in New Zealand, MK MEDIA does not support or condone these activities without the express consent of the recipient or administrator of the recipient system.
The MK MEDIA servers may be used only for lawful purposes. Users may not use MK MEDIA’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).
MK MEDIA will be the sole arbiter as to what constitutes a violation of this provision.
MK MEDIA does not permit the storing of credit card data (in any format) on its servers. It is the customers sole responsibility to ensure they are compliant with their merchant agreements, MK MEDIA is not responsible for identifying card data or notifying customers of compliance issues.
Any attempts to undermine or cause harm to a server is strictly prohibited.
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 MK MEDIA is not allowed.
(a) Scripts that are adversely affecting server performance may be stopped, reset or fixed by MK MEDIA staff at cost to the customer as an alternative to shutting down a web site. Labour will be charged up to $100 without prior authorisation at MK MEDIA’s 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).
Background Daemons in general are prohibited.
MK MEDIA’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.
MK MEDIA performs backups of hosted content on a daily basis. MK MEDIA makes every effort to ensure that these back-ups are valid. MK MEDIA 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 MK MEDIA. Back-up arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by MK MEDIA and any such contract will be subject to premium monthly charges. MK MEDIA makes backups of all its servers for the purpose of disaster-recovery and makes no warranty as to the availability of backups of individual files.
MK MEDIA 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 MK MEDIA Servers, or of any database maintained on any server operated by MK MEDIA in the event MK MEDIA is unable to restore customer content from backup.
AT NO TIME SHALL MK MEDIA ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
The resale of MK MEDIA services is prohibited.
MK MEDIA 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.
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 MK MEDIA at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps MK MEDIA informed of the current and active e-mail address of the Customer.
Each clause of the agreement you have with us is separately binding.
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards.
You are responsible for everybody who you permit to act for you as a User. We will take reasonable care to satisfy yourself that you have permitted those persons to act for you.
Last updated: 14 October 2019