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Terms and Conditions

SNAP MARKETING
Terms and Conditions for Hosting and Domain Services

Effective Date: 2022- current
Company: Snap Marketing (New Zealand)
Governing Law: New Zealand Law

Service Terms and Legal Framework

1. Service Agreement and Acceptance

  • By purchasing hosting or domain services from Snap Marketing, you agree to be bound by these Terms and Conditions
  • These terms constitute a legally binding agreement between you (“Client”) and Snap Marketing (“Company”)
  • Continued use of our services constitutes ongoing acceptance of these terms
  • This agreement is subject to New Zealand law, including the Fair Trading Act 1986 and Consumer Guarantees Act 1993

Payment and Billing

2. Billing, Payment Terms, and Due Dates

  • All hosting and domain services are billed in advance according to your selected billing cycle
  • Payment is due on or before the due date specified on your invoice
  • Snap Marketing provides a one (1) month advance billing notice prior to service renewal via email or written notice
  • Failure to remit payment by the due date will result in service suspension after a reasonable grace period
  • Accounts remain suspended for thirty (30) days, after which services will be permanently cancelled
  • All associated data will be deleted following permanent cancellation

3. Service Suspension and Cancellation Policy

  • Non-payment of fees by the specified due date will result in service suspension following reasonable notice
  • We will provide at least 7 days written notice before suspension for non-payment
  • Suspended services may be restored upon full payment of outstanding balances within thirty (30) days
  • Services not reinstated within this period will be permanently cancelled
  • All client data, files, databases, and configurations will be permanently deleted after reasonable notice

Data Management and Technical Services

4. Data Backup and Loss Limitation

  • Clients are strongly advised to maintain independent backups of all data, files, and content
  • Snap Marketing may perform routine system backups for operational purposes only
  • System backups are not guaranteed for client data recovery purposes
  • Our liability for data loss is subject to the Consumer Guarantees Act 1993 and Fair Trading Act 1986
  • We will use reasonable care and skill in providing backup services where offered
  • We cannot guarantee protection against all forms of data loss

5. Acceptable Use and Content Restrictions

  • Clients must comply with all applicable New Zealand laws and regulations
  • Prohibited activities include hosting illegal content under New Zealand law
  • Spam distribution, resource abuse, and malware hosting are strictly forbidden
  • Copyright infringement and activities compromising server security are prohibited
  • Violation of acceptable use policies may result in service termination with reasonable notice
  • Immediate action may be taken for legal compliance requirements

6. Uptime, Performance, and Service Level Commitments

  • Snap Marketing will use reasonable care and skill to maintain service availability and performance
  • Under the Consumer Guarantees Act 1993, our services must be of acceptable quality and fit for purpose
  • Service interruptions due to maintenance will be scheduled during off-peak hours where possible
  • Advance notice will be provided for scheduled maintenance
  • Reasonable compensation is provided for extended downtime not caused by circumstances beyond our control
  • Compensation is provided in accordance with New Zealand consumer protection laws

Domain Services

7. Domain Registration and Management

  • Domain registration services are subject to .nz Rules administered by InternetNZ and the Domain Name Commission
  • International registry policies also apply to relevant domains
  • .nz Rules version 3 came into effect on November 1, 2024
  • Clients are responsible for maintaining accurate registration information
  • Clients must ensure timely renewal of domain registrations
  • We provide reasonable notice of domain expiration dates and assist with renewal processes
  • Domain ownership disputes are subject to relevant registry dispute resolution policies

Legal Protections and Compliance

8. Consumer Guarantees and Fair Trading Compliance

  • Under the Consumer Guarantees Act, our services must meet minimum guarantees around safety, quality and usability
  • New Zealand consumers are protected by the Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020
  • This agreement cannot exclude rights under the Consumer Guarantees Act for personal, domestic, or household use
  • For business use, some guarantees may be modified by written agreement
  • Core protections under the Fair Trading Act remain applicable to all customers

9. Liability Limitations and Dispute Resolution

  • Snap Marketing’s liability is subject to New Zealand consumer protection laws
  • The Fair Trading Act protects consumers from misleading and deceptive trader behaviour
  • We cannot exclude liability for personal injury, death, or breaches of the Consumer Guarantees Act
  • For business customers, liability limitations may apply as permitted by law
  • Disputes should first be addressed through our internal complaints process
  • Referral options include the Disputes Tribunal (for claims under $30,000) or Commerce Commission where applicable

10. Modifications, Privacy, and Contact Information

  • Snap Marketing reserves the right to modify these Terms and Conditions with reasonable notice to clients
  • Typically thirty (30) days notice is provided for material changes
  • Personal information is collected and used in accordance with the Privacy Act 2020 and our Privacy Policy
  • Clients have rights regarding their personal information including access, correction, and deletion rights
  • Contact Snap Marketing through our official support channels for billing inquiries, technical support, or complaints
  • We maintain appropriate records for dispute resolution and regulatory compliance purposes
IMPORTANT NOTICE: These terms comply with New Zealand consumer protection laws. If you are purchasing services for personal, domestic, or household use, you have rights under the Consumer Guarantees Act 1993 that cannot be excluded. If you are purchasing for business use, please ensure you understand which protections may be modified by agreement.