These are the Terms and Conditions on which Niftee Limited will carry out work for you.
By signing up, you agree to the following Terms of Service for the use of Niftee Limited services:
This Agreement is between Niftee Limited, (hereafter referred to as “Service Provider”) and all its purchasers and subscribers of services and products (hereafter referred to as “Client”) unless the context requires otherwise.
The Service provider, and/or its assignee does not guarantee any type of profit or response from said services.
The Client shall irrevocably indemnify the service provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assignee may sustain, and/or to hold the service provider and/or its’ assigns harmless to which the service provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case lawyers’ fees, costs, and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
The Website Terms of Use of this agreement is governed by and will be construed according to the laws of New Zealand.
1.Services
a. The service provider agrees to provide the client with a subscription website service, so long as the subscription payments are made by the client.
2.Service Fee
The client agrees:
a. To pay the fees that shall be charged to his/her account as a result of using the Niftee Limited service, including but not limited to:
i. Subscription fees.
ii. Fees for supplemental services or features;
iii. Additional website customisation; and
iv. Purchases made using the service provider.
b. That subject to any applicable law, fees, and charges, Niftee Limited services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.
c. Hosting fees are non refundable.
d. Email hosting fees and/or email service fees are non refundable.Email errors can happen at several points in the chain. If you require additional support, then that time is chargeable at $100 plus GST per hour, minimum half hour paid upfront. We suggest that all businesses ensure they have a local computer technician to diagnose problems on their own network first. An independent professional IT person should be engaged to manage your own computers, your own networks, and your own software choices.
3.Effective Date
a. This Agreement and the client’s use of the service provider’s services shall become effective on the date the order is submitted by the client;
b. Unless amended or termination notice is submitted by the client, at least seven (7) days prior to the expiration of the agreement, the agreement between the parties shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed. For account cancellation, refer to the CANCELLATION POLICY found in section (15) fifteen.
4.Method of Payment
a. The client shall provide a valid credit card prior to and during any time the client receives Niftee Limited.
b. Any client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the client stays on the service.
c. Receipts for the payment transactions will be emailed directly to the client by the Service Provider.
d. The client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.
e. The client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due.
f. Any billing problems or discrepancies must be brought to the Service Provider’s attention within sixty (60) days from the date the client is billed. If the client does not bring them to the Service Provider’s attention within sixty (60) days, the client agrees to waive his/her right to dispute such problems or discrepancies with the Service Provider.
g. Any billing-related questions or to stop a recurring payment from being charged to the designated payment method, email sales/billing support on accounts@niftee.co.nz
5.Account Termination
The subscription shall be terminated on the following grounds:
a. Service fees are unpaid after more than 10 days;
b. Violation of the Terms of Service Policy, Partner Terms, or Policy Terms;
c. The website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc. The Service Provider shall exert earnest effort to notify the client before terminating the subscription.
6.Warranties
a. The Service Provider makes no warranties to the client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors’ and affiliates’ services provided.
b. The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
c. The Service Provider shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:
i. the use or the inability to use the service;
ii. cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the service;
iii. unauthorized access to or alteration of your transmissions or data;
iv. statements or conduct of any third party on the service;
v. or any other matter relating to the service.
d. The Service Provider shall take all reasonable precautions to ensure the database is secure and protected. The client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our client’s data except for through the monthly backups of the client’s website which is stored on a ‘best effort’ basis and taken automatically via Duda.co (third-party hosting provider).
7.Terms
The Client agrees to:
a. Use the website in a manner that is legal, ethical and in conformity with community standards;
b. Respect the privacy of other users in such manner that they shall not intentionally seek data or passwords belonging to other users, nor will they modify files or represent themselves as another user unless explicitly authorized to do so by that user;
c. Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
d. Accept notifications of service changes, commercial email and similar offers presented via email.
e. In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the client prior to account termination.
8.Assignment
a. This Agreement is personal to the client, and in case of assignment wherein the client allows someone to use his/her account, the client agrees to:
i. Seek the prior written consent of the Service Provider;
ii. Remain liable to the Service Provider for any fees due under this Agreement.
b. The Service Provider retains its right to assign this Agreement at any time.
9.Change of Terms and Conditions
a. The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.
b. The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.
c. Non-acceptance to the new terms and conditions, the client may terminate this Agreement in accordance with the cancellation policy provided under Section 15 on Cancellation.
d. The Service Provider shall give thirty (30) days notice prior to changing subscription rates.
10.Notification of Account Changes
The Client agrees to:
a. Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider.
b. Notify the Service Provider of its address, email address, telephone number or billing information changes.
11.Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; Or on the third day after mailing by express mail.
a. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
b. If an organisation is the subscriber, the individual signing up for Niftee Limited services represents that he or she is duly authorised to enter into this Agreement on behalf of that organization.
c. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Service Provider’s state and county, before instituting litigation.
12.Payment, Refunds, Upgrading and Downgrading Terms
a. A valid credit card, or a Bank account for direct debit payments, is required for paying accounts.
b. The service is billed on the first day of each month of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
c. All fees are exclusive of any tax and other duties.
d. For any upgrade or downgrade in plan level, the credit card supplied by the client will automatically be charged the new rate on the next billing cycle provided (7) seven days notice has been allocated to the upgrade/downgrade.
e. Downgrading the service may cause the loss of content, features or capacity of the client’s account. Niftee Limited will not be made liable for such loss..
13.Account Terms
The client agrees that:
a. shall not use the Service for any illegal or unauthorized purpose.
b. They must not, in the use of the service, violate any laws. (including but not limited to copyright laws).
14.Cancellation and Termination
a. The client is solely responsible for properly cancelling his/her account via email. A phone, social media message or any other request to cancel the client’s account is not considered cancellation. It must be in writing via email.
b. For the Niftee Limited subscription service (Lease It payment option):
i. For subscription users to use the platform setup for the client at the commencement of this service, the client must continue to pay the subscription fee.
ii. The Content of the client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via Niftee Limited
iv. If the client’s cancellation of service is made (7) seven days before the end of the client’s current paid up month, cancellation will take effect immediately and there shall be no additional charges thereafter.
c. The Service Provider, in its sole discretion, has the right to suspend or terminate the client’s account and refuse any and all current They must be 16 years or older to use the service.
d. They or his/her assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
e. They shall provide his/her legal full name, a valid email address, and any other information requested in order to complete the signup process.
f. They are the owner of the credit card supplied. If another person or company owns the credit card provided, he or she undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Niftee Limited, should reimbursement be requested for any reason.
g. Login may only be used by one person – additional logins for the same account can be requested by contacting support@niftee.co.nz
h. They are responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the client to comply with this security obligation.
i. They are responsible for all Content posted and activity that occurs under his/her account (even when Content is posted by others who have accounts under the client’s account).
j. They or future use of the Service, or any other Niftee Limited service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the client’s Account or his/her access to the Account, and the forfeiture and relinquishment of all Content in the said Account.
k. The Service Provider reserves the right to refuse service to anyone for any reason at any time.
15.Modifications to the Service and Prices
a. The Service Provider reserves the right to modify or discontinue temporarily the service (or any part thereof), provided it notifies the client a minimum of 10 days before doing so.
b. Should the Service Provider decides to discontinue the service permanently, it shall notify the client at least 30 days beforehand.
c. Prices of all Services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Niftee Limited website.
d. The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.
16.Copyright and Content Ownership
a. The Service Provider claims no intellectual property rights over the material provided by the client to the Service.
b. The website content, photos, user data, and materials, uploaded remain to be the client’s property. However, by setting the pages to be shared publicly, the client agrees to allow others to view and share the Content.
c. Client agrees to own the rights to publish any content supplied to Niftee Limited for the construction of the website and for any content you upload to the website.
d. The Service Provider does not pre-screen Content, but Niftee Limited and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available by the client via the Service.
e. The look and feel of the website Service is copyright ©2020 Niftee Limited, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.
17.General Conditions
a. The subject headings of the articles and sections are for convenience only and shall not affect the construction or interpretation of any of its provisions.
b. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed, and the remainder of this Agreement shall remain in force.
c. This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all our prior Agreements, representations, and understandings.
d. No waiver shall be binding unless executed in writing by the party making the waiver.
e. The client’s use of the Service is his/her sole risk. The service is provided on an “as is” and “as available” basis.
f. Technical support is only provided to paying account holders and is only available via email.
g. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Niftee Limited customer, employee, member, or officer will result in immediate account termination.
h. The client understands that the technical processing and transmission of the Service, including its content, may be transferred unencrypted and involve;
i. transmissions over various networks; and
ii. changes to conform and adapt to technical requirements of connecting networks or devices.
i. You must not transmit any worms or viruses or any code of a destructive nature.
j. Niftee Limited does not warrant that:
i. the service will meet your specific requirements;
ii. the service will be uninterrupted, timely, secure, or error-free;
iii. the results that may be obtained from the use of the service will be accurate or reliable;
iv. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;
v. the use of the Niftee Limited services is non-exclusive and that the same services may be used by your competitors(which may include our customers or our employees and contractors) although they may not use your confidential information in doing so and
vi. any errors in the Service will be corrected.
k. Niftee Limited is not responsible for any loss of income or any other loss, direct or consequential, suffered by you as a result of down time or loss of your website, caused by
l. suspension of your hosting for failure to pay your fees on time
m. attacks by hackers,
n. crash of any third party service providers used by Niftee to provide hosting of your website
o. for any other reason which is outside of the control of Niftee Limited
