These terms are in addition to Freeparking General Terms & Conditions.
"Freeparking", "us", "we" and "our" means Freeparking Limited.
"Client ", “You” and "Your" means the party or parties who enter into this Agreement with Freeparking.
“Service”, “Sitewiz” means access to the Sitewiz website builder software provided by Freeparking
2.1 The Terms and Conditions set out in this document relate only to your use of the Sitewiz website builder Service provided by Freeparking.
2.2 You also agree to be bound by the following Agreements:
b) Freeparking Acceptable Use Policy located at:https://www.freeparking.co.nz/about-us/terms-and-conditions/acceptable-use-policy/
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.
3.1 If you purchase Sitewiz 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.
4.1 If you have added Sitewiz 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.
5.1 Sitewiz is a do it yourself Website Builder. Freeparking does not provide support for design or development of content for websites. Design and content creation is care of the Client.
6.1 Sitewiz Plans are defined on our website at https://www.freeparking.co.nz/websites and provide either a Limited Edition (Starter Plan) or Full Version eCommerce plans (StarterPlus and Business).
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 Acceptable methods of payment for Freeparking services are by credit card or online banking. All payments made by credit card incur a non-refundable surcharge of 2.25% for processing.
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 NZ$50 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.
8.1 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 firstname.lastname@example.org.
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.
9.1 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.
10.1 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 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.
11.1 You are responsible for choosing adequately secure passwords and for maintaining the security of those 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.
12.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Sitewiz, use of Sitewiz, or access to Sitewiz, without the express permission of Freeparking by separate agreement.
13.1 This agreement shall become effective on the date your order (including 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.
Last Updated: 22 August 2019.