Terms & Conditions of Service

This document contains the Terms of Use, Conditions and Fair Use Policy for WP NET’s hosting services. Holding an active hosting account signifies a customer’s acceptance of these terms and conditions.

For technical details on our hosting services, please read the Service Specifications.

If you have any questions, please contact us.

Service Availability, Scheduled Maintenance and Downtime

WP NET will use all commercially reasonable efforts to provide services 24 hours a day, seven days a week. The customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond WP NET’s control or which are not reasonably foreseeable by WP NET, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

WP NET will endeavour to provide 24 hours advance notice to customers for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or in-operability of its web servers. In cases requiring emergency maintenance and / or server restarts, WP NET reserves the right to act without prior notification, if the expected downtime is 2 minutes or less.

WP NET bears no responsibility for downtime resulting from a customer’s actions.

Technical Support

Support is provided through our website’s support ticket system. You can also open a ticket by sending an email to support@wpnet.nz. Please note that to open a ticket via email, the email must come from an address that is registered with your account on My WP NET.

Support Hours and Response Times

• Monday – Friday 8.30am – 6pm: 4 – 6 hours
• Other times (including weekends): 12 – 24 hours

Data Security

For details of our data backup policies, please see the Service Specifications.

All WP NET servers are located in secure data centres with high-security restricted access, fail-safe power backup systems and redundant network connections.

WP NET’s hosting systems are designed to ensure their data is secure and isolated from other customers. We enforce strict policies on password strength for all WP NET customer accounts and make all reasonable efforts to ensure that customer’s websites also employ good password practices.

WP NET is not responsible for lost data or for lost data due to third party software that is not maintained by WP NET staff.

Account Set up, Termination and Billing

Suspension of services due to overdue payment: Hosting services will be suspended if payment is not received within 30 days of the due date of the oldest outstanding invoice. Once all overdue invoices are paid in full, your hosting service will be unsuspended.

Termination of accounts due to overdue payment: If an invoice is not paid within 60 days of the due date, the hosting services will be terminated and all information within the account will be deleted. If your service has been terminated and you wish to have your site reinstated (assuming a backup is available),  an $80+GST restoration fee applies.

Cancellation Procedure: Valid proof of account ownership is required to terminate an account. Cancellation requests must be submitted online via our customer portal, My WP NET. Cancellation requests made via telephone or unverified email will not be actioned. For details, please see Cancelling a Service.

WP NET maintains the right to cancel accounts at its discretion.

Service Cancellation & Refunds

Service cancellations must be actioned from within the customer portal My WP NET website. Cancellations requested by phone or email will not be processed.

Notice of service cancellation must be given no less than 7 days prior to the service renewal date. Prior to cancellation, any outstanding invoices must be paid in full.

Refunds will be given for complete unused months only.

Set up fees, migration fees, and credit card processing fees are are non-refundable.

Accounts terminated due to a violation of these Terms and Conditions are not eligible for refunds.

Privacy

WP NET is committed our customers privacy and all reasonable measures are taken to ensure the security and integrity of our information systems and our customer information.

WP NET does not and will not share, sell, license or distribute personal customer information to any third-party for any purposes; commercial or otherwise. All personal customer information is treated in the strictest confidence and is only used for the explicit purposes of delivering and receiving payment for hosting and related services.

Please also see our Privacy Statement.

Confidentiality

All access to privileged information by WP NET support staff is treated in the strictest confidence. Only senior-level support technicians have direct access to servers, while front-line support have only limited access.

All WP NET online systems and websites use SSL encryption exclusively.

WP NET has policies in place for how we manage the transmission and storage of passwords and other private information. With the exception of some initial service activation emails, WP NET does not transmit passwords and other private credentials via email.

WP NET does not store any customer credit card or other financial information in our systems. All payments are handled by our third-party payment processors, using industry-standard secure tokenised payment web APIs.

Data Retention & Purging

While a customer’s hosting service is active, WP NET frequently duplicates data on servers for the purposes of backups. The location and retention period of these backups varies depending on the hosting service and your particular configuration and set up.

Upon termination of a hosting service all data related to that service will be irrevocably destroyed. It is the customers responsibility to ensure that any data they wish to retain is copied off the server(s) prior to account termination.

Some data may remain in other repositories from automated backups taken as part of the hosting service, and these backups may be retained for a short time. Should the customer wish to ensure that all their data is completely erased, the customer must specify this in the service cancellation request or send a support ticket after the hosting service has been cancelled.

Fair Use Policy

Resource Usage

If a particular website is in extreme excess of what the average customer of the server uses, that customer may be asked to remove content, cut resource usage, or relocate to a more suitable hosting platform.

In order to ensure a consistent and quality service for all customers, WP NET may employ automated safeguards to protect against any one site adversely impacting the system until WP NET can evaluate the site’s resource needs. WP NET reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other customers.

Disk Space Usage

WP Site, WP Studio & MWP hosting plans (Plesk servers)

If a hosting service exceeds the allocated disk space for the current plan, an automated email notification will be sent to the customer each day.

If the hosting service exceeds the plan’s disk space allocation for 3 consecutive days, a disk space upgrade will be applied automatically to cover the current usage.

WP Server, Managed Server (single-tenant)

Managed servers have a hard-limit disk space allocation — overuse is not possible. Please see Service Specifications for details.

Bandwidth Usage

WP Site, WP Studio & MWP hosting plans (Plesk servers)

WP NET’s shared-hosting services (WP Site, WP Studio, MWP) feature un-metered data traffic, which provides generous fair-use data transfer. Data transfer includes bandwidth usage nationally (within New Zealand) and internationally.

WP Server, Managed Server (single-tenant)

WP Servers hosted on Vultr do not have any regional restrictions on traffic. Our legacy Managed Server (NZ) products have unlimited domestic traffic and allocated international data per month, as per the plan.

Customers may use their data for any purpose other than those deemed unacceptable as stated in these Terms and Conditions.

Should WP NET determine that a customer’s account is exceeding fair use bandwidth consumption and is causing interference with other users, WP NET will notify the customer. If a customer’s bandwidth usage is significantly greater than fair use, WP NET reserves the right to throttle the customers services where appropriate.

In cases where your bandwidth usage is expected to continually exceed accepted fair use, WP NET will contact you and work with you to upgrade your service or migrate you to a more suitable hosting plan.

If — in our reasonable opinion — you have breached our Fair Use Policy, we will contact you to let you know that your usage is excessive and is adversely affecting WP NET services and / or other customers. We reserve the right to impose reasonable limits to reduce your usage.

Content

All services provided by WP NET are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws.

The customer agrees to indemnify and hold harmless WP NET, from any claims resulting from the customer’s use of WP NET’s services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Email servers
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Pornography Sites
• Game Servers (dedicated game server programs)

WP NET will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Malware

WP NET prohibits the storage, distribution, fabrication, or use of malware including virus software, rootkits, password crackers, adware, keystroke capture programs and other software employed for malicious activity.

You agree that WP NET may quarantine or delete any data stored on our systems if the data is found to be infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt WP NET’s systems or customers’ data.

Server Abuse

Any attempts to undermine or cause harm to a WP NET server or subscriber of WP NET is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorisation
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
• You will be held responsible for all actions performed by your account whether it be done by you or by others.
• All sub-networks of WP NET and all dedicated servers must adhere to the above policies.

Bulk Mail

You may not use any WP NET hosting service to send bulk mail. “Bulk Mail” is defined as email messages of similar content that are sent to more than two hundred (200) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be considered a violation of this restriction.

Unsolicited Mail

You may not send unsolicited email from WP NET servers. Unsolicited email is defined as email sent to a person or persons with whom you have no pre-existing relationship, unless the recipient has published or otherwise provided their email address in a manner which implies consent to receive email.

You may not send email of any kind to a person who has indicated that they do not wish to receive it.

The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin is forbidden.

All sent email must comply with all laws and regulations, including without limitation, The Unsolicited Electronic Messages Act 2007 (the UEM SPAM Act).

Agreement

WP NET will not be responsible for any damages your business may suffer. WP NET provides no warranties of any kind, expressed or implied for services we provide.

Anything not listed in these Terms of Service is open to interpretation and change by WP NET administrators without prior notice.

All prices are non-refundable and non-negotiable.

Any violation of these Terms and Conditions will result in termination of the account. WP NET maintains the right to deactivate accounts without prior notification.

WP NET reserves the right to refuse service at it’s discretion. We enforce this policy to ensure a safe, professional environment for the users of our systems.

We reserve the right to terminate any account with 3 days prior notice.

Limitation of Damages

Recovery of damages from WP NET may not exceed half the amount of fees it has collected on the account in the current subscription year.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the WP NET Hosting Service is to discontinue using the service.