1. DEFINITIONS
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:
“Additional Service Agreement”
means the terms and conditions specific to a Service, which will become a part of this Agreement when you order that Service.
“Client” and “You”
means the party or parties who enter into this Agreement with BlueSkyData Ltd.
“Content”
means textual, graphical, audio or like materials, together with any software, which can be uploaded or downloaded to or from the web.
“Intellectual property rights”
means Patents, Trade Marks, registered designs, applications of any of the above, copyright and other similar protected rights in any country.
“Managed Services”
means any procedures carried out by BlueSkyData Ltd at the customer’s request which is outside the scope of standard support and for which a charge will apply.
“Our website”
means www.blueskydata.nz” class=”redactor-linkify-object”>http://www.blueskydata.co.nz or any promotional domains which resolve to the same IP address as www.blueskydata.nz from time to time.
“Service”,
means any Service provided to you by BlueSkyData Ltd.
“Service Agreement”
means a written service agreement with any service, in a form prescribed by BlueSkyData Ltd.
“Third-Party Service Provider”
means any third party service provider or contractor on whom BlueSkyData Ltd depends on the provision of any Service or any part thereof or whose service, license, approval or fulfilment or certain obligations to BlueSkyData Ltd will affect BlueSkyData Ltd provision of a service or any part of a service.
” BlueSkyData”, “BlueSkyCloud”, “us”, “we” and “our” means Umbrella Limited trading as BlueSkyData Ltd
“My Account”
means the secure and password-authenticated portion of our website which allows you to view and/or manage your information and/or the Services.
2. GENERAL
2.1 BlueSkyData Ltd agrees to provide you with Services, and you agree to accept the Services subject to the terms herein.
2.2 Our Agreement with you also includes:
2.2.1 Additional Service Agreement(s) specific to any Service or Services, which you will agree to when purchasing or applying for that Service or Services.
2.2.2 Your application forms for the initial account and for any Services ordered subsequently or in the future, including any information supplied by you on such forms.
2.2.3 Our Acceptable Use Policy.
2.2.4 Our Privacy Policy.
2.2.5 Any other policies which BlueSkyData Ltd formally adopts from time to time.
2.3 If, in our opinion, there has been a breach of the acceptable use policy by a person using an account ID allocated to your account, you agree we are entitled to suspend the service concerned without notice.
2.4 Unless otherwise specified in an additional service agreement, the service provided by BlueSkyData Ltd will not include:
2.4.1 The development or uploading of your website
2.4.2 Any service to reconfigure your computer system, hardware or software
3. PROVIDING US WITH INFORMATION
3.1 You agree to provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name.
3.2
3.2.1 If the applicant is a corporate body, you warrant that you are duly authorised to enter Agreements on behalf of the applicant.
3.2.2 If you are an individual, you warrant that you are over 18 years of age.
3.3 You also agree to provide us with any information we reasonably ask for to help us provide Services to you, or to comply with any legal requirement we may have in providing the Services.
3.4 You agree to modify your details by logging in to the secure account portal at www.blueskydata.co.nz when any of your contact details change. BlueSkyData Ltd will not be responsible in any way for any losses, damages, costs or expenses as a result of your failure to comply with this clause.
3.5 BlueSkyData Ltd may publicly refer to you orally and in writing as a customer of BlueSkyData Ltd.
4. YOUR RESPONSIBILITIES
4.1 You agree to ensure your service is not used for any activity that breaches the law or infringes another person’s rights.
4.2 You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.
4.3 You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.
4.4 You must not interfere with, disrupt, hack, break into or access any part of the service, our content or any data areas on ours or our Third-Party provider’s servers for which you have not been authorised by us in writing.
4.5 BlueSkyData Ltd may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with BlueSkyData Ltd Terms. BlueSkyData Ltd may pass any material or information it suspects to be illegal or offensive, to the relevant authority and you will have no claim against BlueSkyData Ltd for this.
4.6 BlueSkyData Ltd may monitor your use of the Services at any time with regard to reasonable usage and if it deems your usage is in excess of the agreed service plan(s), and, or it places an unreasonable strain on BlueSkyData Ltd resources or services to its existing or prospective clients, BlueSkyData Ltd reserves the right to request you to upgrade your service plan within 48 hours of email notification from BlueSkyData Ltd to your last known contact address. Failure to authorise, or provide suitable remedies in the above event may result in the suspension of your services.
4.7 For Platinum Shared Hosting services, there is no bandwidth or storage space limit. However, Platinum shared hosting services are not intended to support the needs of large enterprises that require substantial bandwidth and storage. To ensure that our shared hosting is reliable and available for all of our small business users, your usage cannot adversely affect the performance of other customers’ sites. Using our Platinum shared hosting services as online storage space for archived electronic files is prohibited. You agree that if your bandwidth and storage space usage adversely affects other customers on our shared hosting platform, BlueSkyData Ltd may suspend or terminate your Hosting Services without liability.
4.8 You agree to ensure that no minor will use our service with an account id allocated to your customer account unless they have your express permission and are under your personal supervision.
5. BACKUPS
5.1 Every shared server is backed up daily to an FTP server located in the same data centre. Backups are checked to ensure they have been successful and are restarted if failed.
5.2 In the event of server failure, backups are used to restore services.
5.3 BlueSkyData Ltd makes no guarantee that any individual backup attempt will succeed; nor will any restoration attempt succeed.
5.4 BlueSkyData Ltd makes no guarantee regarding the performance or uptime of the backup server.
5.5 You acknowledge the daily backup performed by BlueSkyData Ltd is not intended as a full and final backup of your website, and that we strongly recommend you backup your site(s) independently.
5.6 If you wish to store your own site backups within your hosting account, then these must be stored in the /home/USERNAME/backups folder. This folder is not included in our daily backups.
5.7 We recommend that you back up your site to another location rather than storing them within your hosting account.
5.8 BlueSkyData Ltd reserves the right to remove any backups that are not stored in the /home/USERNAME/backups folder.
5.9 BlueSkyData Ltd reserves the right to limit the amount of backups that are stored within your hosting account.
5.10 A service charge of $130 + GST will apply to requests to extract data from a backup for any circumstance other than the failure of the server.
6. VERIFICATION
6.1 BlueSkyData Ltd reserves the right to delay fulfilment of any request for Services for so long as it shall require verifying the authenticity of the requestor credit worthiness of the Client.
6.2 BlueSkyData Ltd reserves the right to request and require whatever form of identification it deems necessary to verify the authenticity of any request regarding the Service.
6.3 You agree that BlueSkyData Ltd shall have the right, at any time, to perform a credit reference check and/or trade reference check with respect to your circumstances or status, whether financial or otherwise.
7. PAYMENT OF FEES
In consideration of BlueSkyData Ltd providing you with the Service, you agree to make payment as follows:
7.1 Our fees for each Service are displayed on the order form for the service displayed on our website. All our prices are stated in New Zealand Dollars and unless explicitly stated otherwise are exclusive of Goods and Services Tax.
7.2 The acceptable methods of payment for BlueSkyData Ltd services are credit card, direct credit, cheque or cash.
7.3 The minimum term of this agreement for provision of a new Web Hosting/Email services is 12 months, renewable annually for further periods of 12, 6, 1 months. (after the first 12 months)
7.4 Renewal notices will be issued by email around 45 days prior to expiration of 12 month agreement. Reminder emails will also be sent at around 10 days and 5 days prior to expiration.
7.5 Provided payment of the renewal fee is made prior to the expiration of the existing agreement, supply of your Web Hosting/Email services will roll over without disturbance.
7.6 Payment of renewal can be made at any time in or prior to the 45-day period. Note that payment received in the 45-day period does not change the expiration/anniversary date, which remains 12 months from the date of initial commencement of services.
7.7 This agreement is for a minimum term of 12 months. No refunds for early cancellation will be made.
7.8 If payment of renewal fee is not received by 30 days after expiration date, your Web Hosting/Email services can be suspended and after 60 days can be terminated. Hosting fees are due on the 20th on the month. Domain fees are due on their renewal date.
7.9 Dispute
7.9.1 If you maintain that you have a valid claim against BlueSkyData Ltd arising out of the service agreement, it must be notified in writing to BlueSkyData Ltd within 12 months of the incident giving rise to such claim or you will be deemed to have waived your rights under the respect of such claim.
7.9.2 You will not withhold any payment for any fees which are not in dispute.
7.10 We may alter our fees from time to time. When we alter them we will post notice on our website of the alteration 30 days before the new fee takes effect. If the change of fees is not acceptable to you, you may cancel the service. We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments. If you do not agree to the amendments, you may notify us by email requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
7.11 In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by you in connection with the Service, your Service may be suspended without notice. A chargeback fee of NZ$50 will apply.
8. TERMINATION OF AGREEMENT AND CANCELLATION OF SERVICES
8.1 Subject to any fixed or minimum term set out in this or any Additional Service Agreement, either party may cancel this Agreement either in total or for any specific Service. If there are Services for which a minimum term applies, no refunds for early cancellation will be made.
8.2 Services can either be cancelled by non-payment on the renewal notice, or by sending an email to accounts@blueskydata.co.nz, including the password of the account.
8.3 BlueSkyData Ltd reserves the right to cease immediately without liability (other than for the refund of unearned prepaid Service fees) to provide the Service and to terminate the Agreement if you should go into liquidation or bankruptcy or if you fail to comply with any obligation in accordance with this Agreement.
8.4 Promotions: At the end of a promotional campaign, current products and services fees will be charged at the normal billing cycle unless otherwise stated or product(s) duly cancelled by you.
9. GUARANTEES
9.1 Most of BlueSkyData Ltd Services are backed by a money back guarantee. Unless explicitly stated otherwise on the order page for a specific Service, the “Guarantee Period” shall be 30 calendar days.
9.2 The Guarantee Period shall commence on the day we send you notification that we have provisioned your Service and (if necessary) provided access passwords.
9.3 If you are not completely satisfied with our Services or support within the Guarantee Period, request a cancellation via your Web Account or email. The Service will be terminated and you will be given a refund of the fees excluding an NZ$15 administration fee and any applicable a) Setup fees, b) 3rd party Services, c) License Fees, d) Excess usage charges or e) Managed Services fees authorised by you. If you have been provided a free domain name with your service, the cost of this will also be deducted from any refund given.
9.4 If you require your refund to be paid via Direct Credit to your Bank account, this will take up to 10 business days to be processed.
9.5 The Guarantee Period shall apply even where there is a minimum initial term for a Service.
9.6 The Consumer Guarantees Act 1993 may apply to any Services we provide to you if these Services are of a type ordinarily acquired 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.
9.7 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.
10. DISCLAIMER OF LIABILITY
10.1 BlueSkyData Ltd shall not be liable under any circumstances and whether in contract, tort or otherwise, for:
10.1.1 Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you as a result of your failure in whole or in part to comply with any of these terms and conditions.
10.1.2 Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you for any reason as a result of our failure to fulfill our commitments under this Agreement in circumstances where the failure is due in whole or in part to any cause or event beyond the reasonable control of BlueSkyData Ltd.
10.1.3 Any indirect or consequential costs, losses, expenses and/or damages including but not limited to loss of profits, caused by any failure on the part of BlueSkyData Ltd to perform its commitments under this Agreement.
10.1.4 Any third party claims and/or third party costs, losses, expenses and/or damages whether brought against BlueSkyData Ltd or you and which relate to your site. Further you agree to fully indemnify BlueSkyData Ltd, it’s employees, owners and directors against all such third party claims, costs, losses, expenses and/or damages, including any reasonable legal costs of and incidental to BlueSkyData Ltd (and/or it’s employees, owners and directors) defending themselves.
10.1.5 Any amount by way of claim not otherwise excluded above, which exceeds in total an amount equal to 12 months fees paid by you for the Services.
10.1.6 BlueSkyData Ltd is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise.
10.1.7 BlueSkyData Ltd does not represent or warrant to the Client that the Client will receive continual and uninterrupted, error free and virus free Service during the term of this Agreement.
11. FORCE MAJEURE
11.1 Neither party to this Agreement shall be responsible for failure to fulfil its commitments in this Agreement if such failure is due to any circumstances beyond its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet or telecommunications systems or similar.
12. GOVERNING LAW
12.1 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.
13. ASSIGNMENT
13.1 We may assign or transfer our rights and responsibilities under this Agreement to someone else. We will give you notice by email in advance if we intend to do this.
13.2 We may also subcontract the performance of any of our responsibilities under this Agreement to anyone else.
13.3 You may not assign or transfer any of your rights or responsibilities under this Agreement to anyone else without our prior written consent.
13.4 Each Clause Separately Binding Each clause of the Agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 9 cannot rely on any clause, all other clauses of it are binding.
14. NOTICES
14.1 Notices to us which are required to be by email must be to one of the following addresses: accounts@blueskydata.co.nz, support@blueskydata.co.nz or info@blueskydata.co.nz.
14.2 Any notice which is required to be by email may also be sent in writing on company letterhead.
14.3 Notices by email from us to you will be sent to the email address currently listed in our records.
14.4 Either party may deem the other party to have received any notice sent under this Agreement within the following time of its being sent to the relevant address:
14.4.1 For notices transmitted electronically, within 24 hours of its sending by email, facsimile or SMS Service, provided that no bounce or failure response has been received in that time.
14.4.2 Within four days of its being lodged with the postal or courier service in the case of notices that are sent by writing.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
15.1 You agree and acknowledge that all Intellectual Property Rights and other rights in any Service, (whether developed individually, collectively or jointly with you) including but not limited to the Equipment and the Software are either owned by or licensed to BlueSkyData Ltd.
15.2 You agree to not use the name, brand, logo or Trade Marks of BlueSkyData Ltd or its affiliated or related companies without prior written consent of BlueSkyData Ltd and not to take action or be associated with any activity that may interfere with or diminish BlueSkyData Ltd or its affiliated companies rights, titles and or interest in any of the Trade Marks.
16. AGREEMENT AND VARIATION OF AGREEMENT
16.1 You shall be deemed to have read this Agreement and agree to be bound by this Agreement. This Agreement shall supersede all proposals or prior Agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
16.2 We may amend these General Terms or any “Additional Service Agreement” or any other Policy at any time. This will vary our Agreement with you. When we do this we will provide the updated Policy for your review and acceptance through the secure account portal on our website. The amendments we make will apply on the date specified on the updated Policy and we will give 28 days’ notice where possible. We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments. If you do not agree to the amendments, you may notify us by email requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
16.3 We reserve the right to modify, enhance and withdraw the service at any time. In the event of any change, we will notify you by email giving reasonable notice of the change(s).
16.4 You may have multiple Services or Services with us. Any variation in your Agreement as it affects one Service or cancellation of one Service shall not affect any other Service you have with us, nor give rise to a right to cancel such other Service(s).
17. Free Domain Name Offer
17.1 Each weather hosting plan comes with free* registration or renewal of one .nz (yourname.nzweather.nz or yourname.nzweather.co.nz) domain name, to the value of $30 + GST, for a period as long as you have the hosting account.
17.2 If you have added hosting to an existing domain name and the domain expires more than 45 days before the hosting expires, it will be necessary for you to pay for a 1 year renewal, after which it will renew automatically.
17.3 If your domain name is already registered for longer than a 1 year term you will not be entitled to a refund or discount off your web hosting fees. We will continue to renew your domain free each year, so your domain registration will always be as far ahead as it is when you add hosting.
17.4 The free domain must be registered with BlueSkyData Ltd to gain the benefits of this offer.
*Free registration or renewal of one domain is only valid for plans purchased through the BlueSkyData Ltd website.
AUTOMATIC EMAIL CLIENT SETUP TERMS AND CONDITIONS
Assumption of Risk
The risk of any and all loss, damage, or unsatisfactory performance of this software or program rests with you as the user. To the extent permitted by law, BlueSkyData Ltd, nor any person either expressly or implicitly, makes any representation or warranty regarding the appropriateness of the use, output, or results of the use of this software or program in terms of its correctness, accuracy, reliability, being current or otherwise. Nor do they have any obligation to correct errors, make changes, support this software or program, distribute updates, or provide notification of any error or defect, known or unknown. If you rely on this software or program, you do so at your own risk, and you assume the responsibility for the results. Should this software or program prove defective, you assume the cost of all losses, including, but not limited to, any necessary servicing, repair or correction of any property involved.
DISCLAIMER
In no event shall BlueSkyData Ltd, or any person be liable for any loss, expense or damage, of any type or nature arising out of the use of, or inability to use this software or program.
ACCEPTABLE USE POLICY
This Acceptable Use Policy applies to all users of BlueSkyData Ltd network, servers and systems and is supplementary to any additional service agreements.
DEFINITIONS
In this document, unless the context requires otherwise:”BlueSkyData”, “BlueSkyCloud”, “us”, “we” and “our” means Umbrella Limited trading as BlueSkyData Ltd.“ users” and reference to “you” means users of BlueSkyData Ltd network, services and systems, including their affiliates or customers.Users will be seen to be in violation of this Acceptable Use Policy when they (or their affiliates or customers) engage in any of the following prohibited activities;
1. UNACCEPTABLE WEBSITE CONTENT
1.1 Users may not use BlueSkyData Ltd network, servers or systems in order to transmit, distribute or store material, or in any other manner
(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 or hateful.
1.2 Pornography and sex-related merchandising and content are prohibited on all servers. This may include content with sexual inferences or links to adult content on other sites.1.3 Any site which sells or promotes Bulk Email services is not permitted.1.4 Other examples of unacceptable content or links are:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Media Files, e.g. mp3, MPEG, Wav, Ogg, QuickTime. (Exemption: files for which you own the copyright, or have the express permission of the copyright owner, or are in the public domain, or which have been obtained under a copyleft license such as Creative Commons or GFDL.
1.5 You must not use your web hosting disk space for electronic storage of archived materials or storage of any files not related to your website.
2. Server Abuse and other Harmful and Illegal Internet Activities
Any attempts to undermine or cause harm to a BlueSkyData Ltd server or any other server on the Internet is strictly prohibited. This includes but is not limited to, using our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, hacking or other unauthorised access and attempts to penetrate BlueSkyData Ltd or other users’ security systems, or engaging in denial of service attacks. It is also not permitted for any user to engage in activities with the intention of disrupting or interfering with, or that results in the disruption of or interference with, the ability of others to effectively use our services.
3. CGI SCRIPTS
You are free to use any CGI scripts provided with your account or to add any additional scripts you require. However, any CGI scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. For the purpose of this clause, “CGI script” includes any script which processes on the server regardless of scripting language. CGI script sharing with domains not hosted by BlueSkyData Ltd is not permitted.
4. BACKGROUND RUNNING PROGRAMS
Background Daemons, in general, are prohibited.
5. UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES (SPAM)
5.1 BlueSkyData Ltd servers may not be the source, intermediary, or destination address involved in the transmission of spam (unsolicited commercial email), flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.5.2 We consider spam to be any unsolicited commercial message in the mediums of:
Newsgroups (including Usenet, Google Groups, Yahoo Groups)
Instant Messaging (including but not limited to ICQ, MSN, AIM, Yahoo Messenger, Skype, Jabber)
SMS and MMS Messaging (text and image-based mobile phone messaging)
Comment Spam (off-topic comments on blogs or web forums which link to a website)
Any similar communication technologies which may emerge.
5.3 If you are found to have spammed, then we may immediately, without warning, disable your service. We also reserve the right to refuse or terminate service to known spammers.5.4 You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as un-subscription requests are honoured promptly.5.5 The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007. Businesses and individuals are able to lay complaints about spam with the ‘Anti-Spam Compliance Unit’. The Department may investigate these complaints and take the appropriate action. Please see http://www.antispam.govt.nz/ for further details on laying a complaint.
6. INTELLECTUAL PROPERTY AND COPYRIGHT VIOLATION
6.1 You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.6.2 If a copyright owner believes that there has been a violation of his/her copyright on a website that is hosted by BlueSkyData Ltd, and the copyright owner wants BlueSkyData Ltd to remove the website or disable the material in question, BlueSkyData Ltd may remove the offending material if it is satisfied with the legitimacy of the request on receipt of a Notice of Infringement acceptable to us.6.3 If BlueSkyData Ltd deletes or prevents access to a user’s material we know or have reason to believe infringes copyright, we will give notice to the user that the material has been removed or blocked.
7. DEFAMATION
7.1 You must not publish words or images which in our opinion are defamatory or likely to be defamatory of any other person or business.7.2 If a person wishes to make a complaint regarding defamatory content published on a website that is hosted by BlueSkyData Ltd, and the complainant wants BlueSkyData Ltd to remove the website or offending content, BlueSkyData Ltd may remove the offending material if it is satisfied with the legitimacy of the request.7.3 If BlueSkyData Ltd deletes or prevents access to a user’s material we know or have reason to believe is defamatory, we will give notice to the user that the material has been removed or blocked.
BlueSkyData Ltd does not monitor its clients’ websites or activities to determine whether they are in compliance with this policy. However, if BlueSkyData Ltd becomes aware of any violation of this policy it may take any action to stop or correct such violation, including but not limited to, be shutting down a website, denying access to services, and removing material. In the event of a violation of this policy, no refund of service fees will be applicable and BlueSkyData Ltd will not be liable for any damages, costs, harm or loss suffered as a result of its actions in enforcing this policy.BlueSkyData Ltd reserves the right in its sole and absolute discretion to determine what violates this Acceptable Use Policy.BlueSkyData Ltd may vary this Acceptable Use Policy at any time by general notice on this website and changes will become effective upon publication.
TERMS AND CONDITIONS FOR NEW GTLD DOMAIN NAMES
This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further you agree to these terms and conditions.
The new gTLD namespace denotes those general Top Level Domains which are being released by ICANN after 5th February 2014 and offered for registration from time to time by BlueSkyData Ltd. This Agreement does not cover the existing gTLD domains such as .com, .net, .org, .biz and .info.
Parties
The “customer” can be referred to as the “Name Holder”. This is a person or party who wishes to obtain a domain name.
Umbrella Limited trading as BlueSkyData Ltd acts as the Registrar Agent. Our role is that of an agent acting for you at the Registrar, Crazy Domains, who in turn act for you at the Registry.
Crazy Domains is the Registrar. They set out the policies, issue authorisation keys and keep master records, among other things. By accepting these Terms and Conditions, you also accept as set out in clause 10 below the Terms and Conditions of IP Mirror in their role as Registrar.
TERMS
1. You must become familiar with the benefits and liabilities of owning any domain name. BlueSkyData Ltd does not as part of the application process advise you on any aspect of the commercial value in your name.
2. You must establish at law your rights to own and use the domain name. In particular, you must satisfy yourself that no trademark or other intellectual property rights of third parties will be infringed. When a domain name in the gTLD domain name space is registered to you, or in your name as directed by you, you agree:
a) That the following information becomes available to any member of the public: your name; your contact details; and the domain name, its commencement and expiry dates and address/details of the nameservers for it, and our name.
b) The domain name is registered in your name only because no other person has it according to the records of the register, and
c) Neither we nor anybody else is representing anything else to anybody regarding the domain name. The entry of a domain name in the “who is” database shall not be taken as evidence of anything other than such registration; and
d) That you protect and fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
3. BlueSkyData Ltd will apply for and maintain your domain name for you. You must pay to BlueSkyData Ltd the annual renewal fee.
4. All fees must be paid on time and in advance to BlueSkyData Ltd. If you don’t, this may result in your domain name and all services associated with it being removed from the Internet and/or BlueSkyData Ltd ceasing to provide its services to you.
5. You will receive separate confirmation (by email) that your domain name has been successfully established.
6. You must verify the BlueSkyData Ltd contact details for your domain name within 15 days of initial registration, transfer or BlueSkyData Ltd change. Failing to do so will result in the domain name being suspended until the BlueSkyData Ltd verification is completed.
7. You must modify your details using the interface provided at BlueSkyData Ltd website when any of your contact details change. BlueSkyData Ltd will not be responsible in any way for any losses damages costs or expenses as a result of your failure to comply with this clause.
8. New domain name registrations can only be cancelled within 24 hours of initial registration. Refunds for domain names cancelled within this period will be issued solely at the discretion of BlueSkyData Ltd . After this period no refunds will be given, as per the later provisions of this agreement.
9. In submitting this form you agree generally to indemnify and hold BlueSkyData Ltd, its officers and employees harmless from and against all claims and expenses, losses and damages including reasonable legal fees arising from a breach by you of these terms in any way or arising out of the performance or provision by BlueSkyData Ltd of any action or service at your request.
10. The terms and conditions enforced by IP Mirror and which apply at the time of your application for a domain name and subsequently shall apply to you and you agree to comply with them. BlueSkyData Ltd is authorised to accept on your behalf that you will comply with them. Full details of present terms and conditions can be found at https://www.crazydomains.co.nz/privacy/.
11. BlueSkyData Ltd reserves the right to add to, alter or remove these terms and conditions in whole or in part whether as a result of changes in Crazy Domains policy or terms and conditions or otherwise. BlueSkyData Ltd shall give such reasonable notice, as it is able of any change to these terms and conditions.
12. This Agreement by BlueSkyData Ltd to act as your Registrar Agent and these terms and conditions shall all be construed and enforced according to New Zealand law and the New Zealand Courts shall have jurisdiction in respect thereof.
13. Unless we otherwise agree in writing, this Agreement contains all the terms of our relationship and continues to apply no matter where you are located at any time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 10 says otherwise. To that extent legally permitted:
a) All our services are provided under New Zealand law;
b) Any claim or dispute arising out of or in connection with this Agreement must be instituted within 60 days from the date the relevant services is supplied to you;
c) Except as otherwise stated, you may take action against us only in New Zealand Court;
d) Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
14. BlueSkyData Ltd cannot guarantee that due to circumstances beyond our control your requested domain name will be assigned to you. In the event that your domain name registration, renewal or transfer is not processed successfully, we will refund you for all fees charged.
15. By accepting these terms and conditions you agree to abide by BlueSkyData Ltd Acceptable Use Policy.
16. As consideration for BlueSkyData Ltd domain name registration, administration, and renewal services, you agree to pay BlueSkyData Ltd, upon submission of your domain name application, renewal application, or registrar transfer application to BlueSkyData Ltd, the then-current fees set forth in the BlueSkyData Ltd price schedule available at http://blueskydata.co.nz/hosting/domain-registrati… for such services. Prices are subject to change however the current prices for non-premium domain names will always be displayed on the BlueSkyData Ltd website. Premium new gTLD domain name prices are only available on request from accounts@blueskydata.co.nz.
17. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. BlueSkyData Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
18. Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.
19. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to BlueSkyData Ltd as the entity that has paid the registration, renewal or transfer fee for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then-current reinstatement fee, currently set at NZ$50.00.
20. The Registrant contact for a domain name along with the Billing Contact for the account will be notified (by email) at least twice before a renewal fee is due and once after the domain name expiry. Therefore it is vitally important for email contact details to be correct. Customers can use the My Account facility on the BlueSkyData Ltd website to update details if required. The renewal notification will contain a link to a payment page where your domain name can be renewed by credit card, direct credit or cheque payment. BlueSkyData Ltd will not be liable for any failure to renew a domain name where you have not maintained your correct contact details. The renewal notification email will be sent from accounts@blueskydata.co.nz so we recommend that you set this email address as a ‘safe sender’ to avoid notification emails being blocked by spam filtering software.
21. Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any email and website hosting services to cease operating.
22. Cancelled domain names may be transferred to a holding pool for a period of 30 days. During this 30 day period, the current Name Holder may be able to reactivate the name by paying any outstanding renewal fees. If reactivation by the current Name Holder does not occur within 30 days of cancellation, or for some domain extensions where there is no holding period, additional fees will apply to redeem the domain name or redeeming may not be possible. The fees to restore a domain name from Redemption Period can be found at https://www.blueskydata.co.nz/domain-names/pricing/.
23. If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.
24. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
a) The Registry and any other entity we are in any business relationship with;
b) Every officer, employee, contractor, agent of us or any entity in clause 10;
c) Anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a Court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have (if any) under the Consumer Guarantees Act 1993.
25. To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.
26. We have excluded all other liability we or any of the persons specified in clause 10 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 24 then this clause applies.
27. We may end the agreement for any other reason by giving you one month’s notice.
PRIVACY POLICY
BlueSkyData Ltd knows that you care how information about you is used and shared, and we appreciate your expectation that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting our Website or by otherwise interacting with BlueSkyData Ltd, you agree to accept the practices described in this Privacy Notice.
What Information Does BlueSkyData Ltd Collect?
Here are the types of information we gather from visitors to BlueSkyData Ltd:
Information You Give Us: We receive and store any information you enter on our Website or give us in any other way, such as by telephone or by electronic mail. For example, we are required by respective domain name Registries, (the organisations which assume responsibility for domain name allocation) to collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and where provided, your facsimile number. We also collect certain financial information from you during the domain name registration process. Namely, when you apply to register a domain name through BlueSkyData Ltd, we require you to provide a credit card number and billing address before we will process that application.
Automatic Information: BlueSkyData Ltd does use “cookies.” Cookies receive and store certain types of information whenever you interact with us. For example, our servers track the type of Web browser you are using, and the page to which you link from BlueSkyData Ltd. We collect this information to offer better service to our customers and not to track your individual usage patterns.
Does BlueSkyData Ltd Share the Information It Receives?
Respective domain name Registries require BlueSkyData Ltd to make your full name, mailing address, phone number, email address, and, where provided, your facsimile number, as well as the creation and expiration dates of your domain name registration and the nameserver information associated with your domain name, to the public via an interactive Web page and a “port 43” WHOIS service. For the purposes of this Privacy Notice, we will refer to this information as your “WHOIS Information.” Please note that we may not be able to control how members of the public may use the WHOIS Information.
Except as set out in this Privacy Notice, you will receive notice when personal information about you might go to third parties, and you will have an opportunity to choose not to have us share that information. We share personal information as described below:
Agents: We may engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analysing data. These persons have access to personal information needed to perform their functions.
Service Providers: We may engage other companies and individuals to perform enhanced services on our behalf. For example, free electronic mail services to our domain name registrants.
Business Transfers: As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if BlueSkyData Ltd, or all or substantially all of its assets were ever to be acquired, customer information will, of course, be one of the transferred assets.
Protection of BlueSkyData Ltd and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Services Agreement and other agreements; or protect the rights, property, or safety of BlueSkyData Ltd, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
CALL RECORDING
We record all telephone calls answered in our contact centre. This helps us to identify ways that we can provide you with a better service. We record calls for the following purposes:
for staff training, to improve our customer service and to ensure the information we provide to you is consistent and accurate
for reporting on the different types of enquiries we receive
to keep a record of your call, which may be needed to support any transactions that take place over the phone and/or if there is a dispute.
You can ask for access to the recording of your call by writing to us at BlueSkyData Ltd, PO Box 2007, Seventh Avenue, Tauranga 3140. You will need to clearly identify who you are and your contact details, and provide us with the exact details of the date and time of your call, and the phone number you called from. Phone call recordings are stored securely for up to ten years and then destroyed.
ELECTRONIC MAIL
From time to time, BlueSkyData Ltd may use your personal information to contact you by electronic mail concerning your use of our services. These communications are intended to inform you of important information regarding your account, or about general services provided by BlueSkyData Ltd. If you do not want to receive an email from us regarding service updates, please click the “unsubscribe link” at the bottom of any email you receive from BlueSkyData Ltd. We will, however, continue to send you an email regarding your account administration and necessary information, such as renewal information.
HOW SECURE IS INFORMATION ABOUT ME?
We use the PayPal online payment gateway to process credit card transactions. All credit card information is encrypted during transmission, and credit card details are not stored on Internet-facing servers. You can further help to ensure your security by taking a few simple precautions. For instance, it is important for you to protect against unauthorised access to your BlueSkyData Ltd username and password and to your computer. Be sure to sign off when finished using a shared computer.
WHAT INFORMATION CAN I ACCESS?
BlueSkyData Ltd gives you access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log in to My Account.When you update information, we usually keep a copy of the prior version for our records.
SITES OTHER THAN BLUESKYDATA LTD
Although BlueSkyData Ltd is committed to protecting your privacy, not all other websites are as conscientious. Therefore, BlueSkyData Ltd cannot be responsible for the content or privacy policies of other websites including those of advertisers to which it may link and those which link to BlueSkyData Ltd. This Privacy Notice applies only to the information collected by this website. We ask that you review the privacy policies of every online service you use before submitting personal information.
CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit BlueSkyData Ltd, your visit and any dispute over privacy are subject to this Notice and our Services Agreement, including limitations on damages, and application of the law of New Zealand. If you have any concern about privacy at BlueSkyData Ltd, please click here to contact Customer Support and we will try to resolve it. Our business changes constantly. This Notice and the Services Agreement will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. You should check our website frequently to see recent changes.
DISPUTES & COMPLAINTS
BlueSkyData Ltd strives to offer you the best service possible and we welcome any suggestions you may have for how we can make improvements. We are committed to handling all complaints promptly and fairly.
COMPLAINTS
If you believe that BlueSkyData Ltd, or one of our Affiliates or Customers, has breached one of more of our stated policies, or if you have a concern or suggestion regarding our services or policies please contact us by sending an email to info@blueskydata.co.nz or calling 07 281 1037.
.NZ DOMAIN NAME DISPUTES
When an individual or organisation registers a .nz domain name, they agree to the .nz Terms and Conditions, which includes that the domain name must not infringe upon the legal or intellectual property rights of others.
If you believe a .nz domain name registered with BlueSkyData Ltd infringes upon your rights there are options available to you, including:
Contact the domain registrant to negotiate a resolution
Seek independent legal advice
Lodge a formal complaint with The Domain Name Commission’s Dispute Resolution Service (http://dnc.org.nz/complaint). Their informal mediation service is free of charge however fees do apply for obtaining an ‘expert determination’.
Neither BlueSkyData Ltd nor the Domain Name Commissioner can get involved in disputes regarding who the true Registrant of a domain name should be, but we will take action as directed either by the Courts or by an Expert Determination given under the Dispute Resolution Service.
GTLD DISPUTES
The Uniform Domain Name Dispute Resolution Policy (UDRP) implemented by ICANN applies to all top-level domains (TLD) registered through BlueSkyData Ltd. If you have a dispute related to a top-level domain (.com, .net, .org, .biz, .info) your options include:
Contact the domain registrant to negotiate a resolution
Seek independent legal advice
Lodge a dispute through one of the approved Dispute Resolution Service providers, which are listed at http://www.icann.org/en/help/dndr/udrp/providers
SPAM EMAIL COMPLAINTS
New Zealand’s Unsolicited Electronic Messages Act 2007 was introduced to help stop commercial electronic email, fax, and mobile/smart phone text and image-based messages you receive without having requested them.
Businesses and individuals can complain about Spam to the Department of Internal Affairs’ Anti-Spam Compliance Unit. The Department may then investigate the complaint and take appropriate action.
If you have received spam which you believe originated from a source in New Zealand and you wish to make a complaint please go to:
http://complaints.antispam.govt.nz/EmailComplaint….
This policy was last updated on 21 June 2022.
