Terms and Conditions
Boostit Ltd terms and conditions
You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.
Consultancy & Strategy Engagement —
Boostit Ltd agrees to provide the highest quality engagement, and forfeits the right to all sold intellectual property (IP) provided to the client while under engagement, however We absolutely hold NO control or responsibility over the implementation of Boostit Ltd IP. This remains the sole responsibility of the client. As such by agreeing to these terms and conditions, the client agrees to release Boostit Ltd of any financial penalty sought for any damages to the client arising from incorrect implementation. As Boostit Ltd prides itself on client inclusion, in the case of specialised IP provided to the client, should the client wish to restrict Boostit Ltd’s IP being provided to other industries, a none disclosure agreement (NDA) fee will be administered to the client, and Boostit Ltd will suspend all further provision of this IP to any other provider. All of the projects that have no communication from client’s end for 14 days without any prior notice, will be considered as inactive/dormant and team resources will be pulled out of that project with a prior notice of 2 working days. All projects which fall into this category will be treated as inactive/dormant and Boostit Ltd has no liability of delaying the project delivery timeline. All of the work, received as a change request, bug fix or additional feedback will be reviewed on a sprint basis and invoices will be sent accordingly. From January 2019, Boostit Ltd payment terms are going to be administered according to weekly or monthly basis i.e. clients are requested to pay out the invoices presented to them with a 50% deposit in advance for the work assigned to the team. A detail of the work which is to be taken in the project will be presented to the client and after they agree, invoices will be sent out to them to start the work over that project. No project work is bound to be started without receiving 50% invoice clearance from Boostit Ltd’s accounts team. In the case of subscriptions, Boostit Ltd will work with the client monthly, and the client is expected to pay the full invoice for that month on completion of work done at the months end. If the subscription invoice has not been paid within 14 days of the months end without any prior notice, Boostit Ltd reserves the right to issue a 2 working day notice period in which the client is expected to communicate their intended payment date of the invoice. If an agreement can not be reached between Boostit Ltd and the client within this 2 day notice period, Boostit Ltd reserves the right to place the client on immediate suspension and/or termination of all services currently being provided.
Hosting Services Bandwidth & Utilisation —
The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognise that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. Customers with Websites who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company, have their sites cancelled and/or removed from the servers. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.
Domain registration and renewals —
We absolutely hold NO control on the domain registered and it is the client’s full responsibility to manage their domain entries.Hence any damage or loss of domain name to some other party or anything related to the domain registration / domain transfer / domain renewal / loss of domain name is not our liability and we are NOT responsible for any damages the client may suffer regarding the domain name. It is the client’s full responsibility to manage & check whether his/her domain entries are correct or domain renewal date is correct or domain transfer or anything pertaining to the domain name. If the client finds any problem/errors in any of his/her domain entries, he can inform us within the first 3 months (three months) from the date the related domain name was first registered for the client, and we in turn will immediately look into it.
Web Development Services —
Boostit Ltd cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence. If Boostit Ltd has produced a proposal document for the project then Boostit Ltd will commence work at once, provided you supply us with: Final data, information, logos, designs, graphic and related materials to be incorporated into the Web solution ready for publication, prior to the design call. Any further material supplied at a later date may incur an additional charge. Pay the 50% deposit prior to the design call Where applicable comply with all the terms of the Web hosting agreement Should you decide to make design changes once the concept has been signed off, Boostit Ltd may quote for an additional charge. During the Web Site Development Cycle Boostit Ltd may at intervals place versions of the client’s Web site on one of Boostit Ltd’s demonstration servers so that the client may view and comment upon the Web site’s progress, and approve design concepts and prototypes. When both Boostit Ltd and the client agree that the Web site meets the criteria agreed during the projecting process, Boostit Ltd will invoice the client for the remainder of the amount due for the project. At Boostit Ltd’s discretion, Boostit Ltd may choose to delay publishing some clients Web sites until full payment for the Web design project has been received. All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders. BoostitLtd provides maintenance services for its clients; however any maintenance or updates that are outside the scope of the design project will be charged accordingly. When updates are required, Boostit Ltd will provide time and materials based quotes for this work. If a Web site development agreement has been signed then clauses relating to support services will be applicable. We withhold the right to assign or transfer our rights and responsibilities under this contract to another party. We may also subcontract the performance of any of our responsibilities under this contract to another party. You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent. Upon signing the project proposal, you agree that BoostitLtd will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though BoostitLtd may have been notified of such damage or claims. We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
To summarise all services provided
With all services provided by Boostit Ltd you agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Web site/Software or Internet), or for any content submitted by you for publication by us. If, despite the other provisions of this agreement, BoostitLtd is found to be liable to you then its liability for any single event or series of related events is limited to the full project fees, and no more. Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. BoostitLtd does not screen in advance customer material submitted to BoostitLtd for publication. BoostitLtd’s publication of material submitted by customers does not create any express or implied approval by BoostitLtd of such material, nor does it indicate that such material complies with the terms of this agreement. The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand. Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
Other notes pertaining to all services offered
Client payments —
Regarding any online payment if made through our online payment gateway, we clearly state we use 3rd party highly secure and reliable merchant accounts examples like stripe.com, paypal.com, wave.com etc. The online client who has made the payment is billed and charged only by this 3rd party merchant account & only this retailer charges their credit card and accepts their payment. We absolutely receive NO other information except the client’s contact address and package selected.We absolutely receive NO sensitive information and are absolutely NOT responsible for any kind of damages. This 3rd party merchant account is non-partial and works in the best interests of everyone. We ourselves are only a user who use their services i.e. we ourselves are their client in turn.
Customer Spamming Policy –
Boostit ltd has zero tolerance for spam originating from our clients, or from our clients’ clients, or for spam advertising web sites of our clients or our clients’ clients. Boostit ltd has the right to charge NZD$1000 per complaint to investigate. Boostit ltd does not deal with your clients or their clients etc.; we hold our clients responsible for dealing with spam from or about their section of the network. On any complaint from our dedicated server provider we will suspend your account and depending on the investigation you may be charged our NZD$1000 fee. If at anytime we determined that you are deliberately violating our AUP we will either suspend or terminate your server at our sole discretion. The NZD$1000 investigation fee will apply if we determined that you are deliberately violating our AUP. All notices about spam complaints will be sent to the email address that you signed up with or the one that we have on file. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, which may include:
- Sending UCE referencing an email address for any domain hosted by the Company
- Sending UCE referencing an IP address hosted by the Company
- Harassment, whether through language, frequency or size of messages
Copyright Violation —
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringe, and can involve the WHP in litigation and possible loss of reputation. Distribution and/or Transmission of Obscene or Indecent
Speech or Materials —
Violation of indecency and obscenity laws can result in criminal penalties.
Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks —
The illegal or unauthorized accessing (often known as “hacking”) of computers or networks carries potential civil and criminal penalties under both federal/national laws and the laws of most provinces.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities —
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal/national and province law.
Export Control Violations —
For clientele within the United States :The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Finally, we wish to emphasise that in signing the Services Agreement, clients indemnify us for any violation of the client of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the client that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the client will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. Any attempt to undermine or cause harm to the Company or another client’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of any of the above Terms of Service may result in legal action, service charges or a combination thereof. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions.