CreateASite Additional Service Agreement
These terms are in addition to the Freeparking Web Hosting Terms and Conditions.
The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires. All Terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.
"Freeparking", "us", "we" and "our"
means Umbrellar Limited trading as Freeparking.
"Client ", “You” and "Your"
means the party or parties who enter into this Agreement with Freeparking.
means access to the CreateASite website builder software bundled with hosting and email Services, provided by Freeparking
2. General Terms
2.1 The Terms and Conditions set out in this document relate only to your use of the CreateASite website builder Service provided by Freeparking.
2.2 You also agree to be bound by the following Agreements:
a) Freeparking Web Hosting Terms & Conditions located at: https://www.freeparking.co.nz/about-us/terms-and-conditions/web-hosting-terms-and-conditions/#content
c) Freeparking Acceptable Use Policy located at: https://www.freeparking.co.nz/about-us/terms-and-conditions/acceptable-use-policy/#content
2.3 Freeparking reserves the right to modify, enhance and withdraw all or part of the Service and alter its Policies and these Terms & Conditions. In the event of any change, Freeparking shall provide a general notice on our website and changes will become effective upon publication.
3. 30 Day Money Back Guarantee
3.1 If you purchase CreateASite and during the first 30 days of use you decide that it does not meet your needs we will provide a refund of the fees paid, less a NZ$15 administration fee and any domain name registration costs.
4. Free Domain Name Terms
4.1 Each CreateASite plan paid for 12 months or more in advance comes with free registration of one domain name for a matching period for as long as you have the CreateASite account.
4.2 If you have added CreateASite to an existing domain name and the domain expires more than 45 days before the hosting expires, it will be necessary to pay for a 1 year renewal, after which it will renew automatically.
4.3 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.
4.4 We will register your domain name using the details you supply with your order. We will never register the domain name in our own name and you will retain ownership at all times.
4.5 The free domain name offer applies to the value of $39 excluding GST only. If a higher priced domain name is selected we will provide a credit to the value of $39 plus GST.
4.6 The free domain must be registered with Freeparking to gain the benefits of this offer.
4.7 The free domain name offer does not apply to CreateASite plans purchased on a monthly basis.
5. Limited Edition Licenses
5.1 CreateASite Plans are defined on our website at https://www.freeparking.co.nz/websites and provide either a Limited Edition (Starter Plan) or Full Version (StarterPlus, Business and BusinessPlus Plans) License. Each license type provides a maximum amount of feature points.
5.2 The maximum number of feature points available with the limited edition license is 20.
5.3 You have the ability to add and remove widgets and pages from your account as long as these changes are possible within the maximum 20 feature point limit.
5.4 The contents of the media archive is restricted to use as key visuals only.
5.5 With the limited edition license the following widgets are provided with the feature point values listed:
5.6 Every Starter Plan (limited edition license) is supplied with a home page that does not use any of the available feature points. You can add additional pages within the feature point restrictions as below:
6. Full Version Licences
6.1 Full version licenses (StarterPlus, Business and BusinessPlus plans) include an unlimited number of feature points.
6.2 In addition to the widgets and functionality of the limited edition license the full version license includes the following:
- Embed Widget
- Location Map and Driving Directions* (up to 250 requests per month)
- Media Archive (unrestricted use)
- Bookatonce Widget
- Shopping Cart Widget
* The availability of the Map generator and driving directions functionality is limited to the geographical areas covered by Microsoft’s ‘Bing maps for enterprise’ map Service.
7. Payment of Fees
7.1 You agree to pay in advance for the Services we provide for you at such rates as are set out on our website at www.freeparking.co.nz.
7.2 We reserve the right to change our fees at any time. In the event of any change, we shall provide a general notice on our website and changes will become effective upon publication.
7.3 Prices are stated in New Zealand dollars and do not include GST which will be added to all transactions when required by NZ law.
7.4 Except as expressly set out, you agree that all payments made by you are non-refundable whether in whole or in part once our Services have been provided.
7.5 Payment can be made by credit card, direct credit, cheque or cash.
7.6 Your invoices and renewal notices will be emailed to you at the email address we hold on record for your account. It is your responsibility to maintain a valid contact email address for the purposes of receiving these notices. You can update your contact details by logging in to the ‘My Account’ section on our website.
7.7 For 12 or 24 month terms paid in advance, we will attempt to notify you via email around 45, 15 and 7 days prior to the expiry date of your Service that it is due for renewal. We do not take any responsibility for ensuring these emails are received by you and you must ensure all Services are properly renewed prior to expiry.
7.8 If you select a monthly payment term you must make payment monthly and your payment must be made on or before the same day of the month as your first payment.
7.9 If you choose an annual payment term, you must make payment on or before the same day of the year as your first payment.
7.10 If payment is not received within 5 days after the due date your Service will be suspended. If after 10 days of suspension payment has still not been received, your Service will be cancelled and your website deleted.
7.11 In the event of a charge back 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 $NZ50 will apply.
7.12 If we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs.
8. Cancellation & Refunds
8.1 Your service will be automatically cancelled if you do not pay your renewal fees by the due date. If you wish to cancel your service prior to the due date you will need to email a request to cancel to email@example.com.
8.2 Either party may cancel this agreement by giving the other party ten days written notice of its intention to do so.
8.3 When this Service is cancelled (whether at your initiative, our initiative or for breach or otherwise) no refunds will be paid in respect of unused Services.
9. Suspension and Refusal to Supply Services
9.1 If a claim is made or threatened against us by any third party we may immediately cancel or suspend the provision of our Services unless in our sole discretion we are satisfied 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, suspension or refusal by us under this clause does not give you any right to claim damages, compensation or for losses of any nature from us.
10. Exclusion of Liability
10.1 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 every officer, employee, contractor, agent or other entity we have a business relationship with and anyone else we may get to perform our duties under any Agreement you have with us. None of the persons specified is liable or has to pay you for anything 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 irrespective of the way liability might arise.
10.2 Despite the earlier clause 10.1, if we are found liable to you in any circumstances, you agree we will not be liable to meet any indirect, special or consequential losses including loss of profits and in all circumstances the maximum liability we will have to you will be limited to the amount of the annual fees you pay to us for the defective or deficient Services.
10.3 This exclusion does not limit any rights you may have, if any, under the Consumer Guarantees Act 1993.
10.4 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.
11. System Security
11.1 You are responsible for choosing adequately secure passwords and for maintaining the security of said passwords.
11.2 Freeparking reserves the right to use password strength analysis tools to determine the security of passwords on the server. We may change any password immediately should it be found to be inadequately secure for its purpose. We will notify you by email to the last known contact address in such an event. Freeparking shall not be under any obligation to check or take action in respect to any passwords.
11.3 Although we follow industry-standard security procedures, Freeparking makes no warranty as to the privacy or security of your data or email.
12. Not for Resale
12.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of CreateASite, use of CreateASite, or access to CreateASite, without the express permission of Freeparking by separate agreement.
13.1 This agreement shall become effective on the date your order form (including for any free trial if one is being offered) has been submitted to us for the said Service.
13.2 In the event it is necessary for Freeparking to enforce its rights under this agreement, you agree to pay all fees incurred by us, including but not limited to, legal fees and collection costs.
13.3 In the event where two or more parties share authority to access the service and we receive conflicting instructions, we reserve the right to lock the management of the website until such time as a Court Order or letter of authority signed by all parties is provided. In this situation Freeparking will not be responsible for ensuring the content of the site is in any particular form or displays any particular information before we lock access to it.
13.4 You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all earlier versions of this agreement. No oral communications will ever be sufficient to vary this agreement.
This document was last updated on 23 September 2015.