revision 2.1 issued on 1 nov 2006
about this agreement
the words "you" and "your" in this agreement mean the individual or organisation you enter in the customer name field on the account application form.
your use of services provided by 2day.com (in this agreement referred to as "2day™ ", "2day internet", "our", "we" or "us") is subject to the terms and conditions of this agreement.
please read this document carefully.
this agreement begins when we tell you your application has been accepted by us. either party may terminate it by sending a letter or facsimile message to the other.
we may change this agreement on 30 days notice by sending a letter, facsimile or e-mail message to you. if you continue to use our service after we have notified you, then you agree to the changes we have made.
what we agree to do
providing you with service
we will provide you with a billing id and password for ordering and setting up services.
we strive to provide a reliable 24-hour a day service. if you experience a service quality problem, we will do our very best to resolve it to your satisfaction as soon as possible after notification by you.
our use of information provided by you
we agree to only use information provided by you to:
- deliver services you have ordered
- check your credit and collect any money owed
- tell you about our services
we agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.
what you agree to do
using our services
each of our services has an acceptable use policy. you agree to ensure that everybody with knowledge of an account id allocated to your customer account complies with the relevant acceptable use policy.
you agree to accept responsibility for all aspects of use of our service by anybody using a account id allocated to your customer account.
you agree to ensure our service is not used for any activity that breaches the law or infringes another person's rights.
you agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.
the above clauses do not apply in the unlikely event of an account id being unlawfully obtained from the 2day ebusiness server by a third party.
providing us with information
you agree to provide us with accurate information about yourself and your organisation. in particular, you agree to ensure the customer name field of the account application form bears your full legal name.
you also agree to provide us with any information we reasonably ask for to help us provide services to you.
payment of fees
you agree to pay us in full by the due date for all services billed to your account. if you don't pay on time, then you agree to us suspending any or all of your services until payment has been received.
you agree to pay us any reasonable expenses we incur in collecting any overdue amount you owe us.
cancellation of services
you may cancel a service at any time using your billing id on our web site or by sending us a letter or a facsimile message.
any service fees billed in advance in relation to a cancelled service are automatically credited to your account. the amount we credit is calculated from the day after cancellation through to the date the service is billed.
this credit may be used to purchase new services from 2day if required. if you ask us to close your account after canceling all services and there is a credit balance, we will send you a refund.
indemnifying us
you agree to indemnify us and our employees from and against all actions, claims suits, demands, liabilities, costs or expenses arising out of or in any way connected with the use of our service by yourself or any person with knowledge of an account id allocated to your customer account.
the above clauses do not apply in the unlikely event of an account id being unlawfully obtained from the 2day ebusiness server by a third party. you agree to continue indemnifying us after this agreement has ended.
limitation of liability
2day.com services are provided for business purposes as defined by the consumer guarantees act of new zealand.
you agree that 2day.com, our employees, and our contractors have no liability to you or any other person for any losses, costs, or damages that may be caused by: -
- your use of our service
- your use of a 2day™ service which does not meet your needs
- your use of information provided by us
- our inability to provide reliable service
you agree to the limitation of liability continuing after this agreement has ended.
special provisions
protection of children's rights
you acknowledge that some content accessible on the internet is unsuitable for viewing by children and young adults.
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.
use of information
the quality and accuracy of information obtained from the internet varies considerably.
you agree that it is your sole responsibility to determine its usefulness, and that we are not liable for any loss you or another person may incur as a result of using information obtained from the internet using our service.
suspension of services
if in our opinion there has been a breach of a 2day™ acceptable use policy by a person using an account id allocated to your customer account, you agree to us suspending the service concerned without notice.
you also agree that you or any other person is not entitled to any compensation or refund from us as a result of us suspending your service.
general provisions
prices
all prices for our services are quoted in new zealand dollars and exclude goods and services tax unless stated otherwise.
we may change the price of our services without notice.
laws
the law of new zealand governs this agreement. if any provision that is not fundamental in nature is illegal or unenforceable, then the remainder of the agreement will remain in full force.
promotions
At the end date of a 2day.com promotional campaign current product and service fees will be charged at the normal billing cycle unless otherwise stated or product(s) duly cancelled by you.
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