Terms and Conditions
Hosting, Email, Email Marketing and Online Publications Services
Overview
Services are charged monthly for the current month and are due 20th of the following month.
Right to Refuse
Carbon Media may at any time and without notice to you, suspend, or refuse to continue to provide service without providing any reason at any time prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised. Carbon Media reserves the right to refuse service to any individual, organisaton or company which has previously not complied with this Agreement.
Acceptable Use
Carbon Media services may only be used for lawful purposes. Any use which violates any national or international laws which may apply to Carbon Media or any jurisdiction that you may be subject to is strictly prohibited. While using a Carbon Media service, you will not:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.
Carbon Media will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.
Terms of Payment
You agree to pay Carbon Media monthly for the services provided. Payment for services is accepted using a valid credit card and internet banking.
All Carbon Media web hosting services are non-refundable.
Cancellation or Suspension of Hosting Services
Carbon Media reserves the right to cancel or suspend hosting services if payment is not received by the due date.
Design Services
Overview.
This Agreement represents the terms and conditions under which Carbon Media shall provide its customers access to, and use of its services and/or design packages, which may be amended from time to time to reflect additional or amended services.
Design Work
Carbon Media requires a 50% deposit before work begins, with the remaining 50% paid upon project completion. All prices exclude GST unless stated otherwise. GST is not charged to international customers. All prices are in New Zealand dollars.
Non-Exclusivity.
The Customer (you) acknowledge and agree that Carbon Media is providing access to and use of services to multiple customers and that such services are non-exclusive and non-transferable.
Design Content.
The Customer takes full responsibility for all content suggested or supplied to Carbon Media for inclusion on web document(s), advertisement(s) or any form of media. Customer is held legally liable for the supplied content. Customer agrees to abide by all local, state, national, and international laws regarding trademarks, patents and copyrights.
Added Content.
The Customer agrees any additional content added to the scope of the project will be billed at an agreed rate per hour.
Changes and Alterations.
The Customer agrees to pay agreed rate per hour for any changes, modifications, updates, and design alterations that exceed the scope of the project (as defined on this website). Or as quoted by Carbon Media.
Rights.
Carbon Media reserves the right modify its quotes and/or prices during any stage of a project. While our best attempts are made to honor our quotes the nature of the Design Service Industry means that unforeseen events, problems or delays can impact on our services.
Application and Use Fees.
All rates and prices quoted herein are in New Zealand Dollars.
Refunds.
Due to the nature of the Design Service Industry, Carbon Media cannot offer satisfaction guarantees and, as such, all payments are nonrefundable upon final approval of said design. Refunds to design projects that have begun development will be rewarded on a case-by-case basis. This depends on the hours allotted to your project already, and the balance of work provided to you thus far. Please understand that any work performed on your project will not net a full refund. Partial work performed will be refunded at an agreed hourly rate, regardless of completion of work, delivered copies of work, or installation of work. Partial refunds will be provided for projects cancelled after work has been started. We will refund all charges to the same form of billing requested at start of project.
Taxes.
Customer will pay or reimburse Carbon Media for all sales, use, transfer, privilege, excise and all other taxes and all duties, whether international, national, however designated, which are levied or imposed by reason of the performance by Carbon Media under this Agreement, excluding, however, income taxes or gross receipts taxes which may be levied against Carbon Media. Such taxes may be reflected on Customer invoices. Carbon Media will only add Goods and Services Tax to New Zealand customers all other customers will be responsible for taxes and tax payment relating to our services themselves.
Late Payments.
If The Customer fails to pay any fees by the applicable due date, Carbon Media will have the right to: (a) assess late charges in an amount equal to the greater of five percent (5%) per month or the maximum allowable under applicable law; and/or (b) suspend access to any or all of the services and/or performance of the services provided by Carbon Media hereunder and/or terminate this Agreement. Any such suspension or termination will not relieve Customer from paying any outstanding fees plus interest and late charges. Customer will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys' fees, court costs and collection agency fees.
