BIG Plans Web
Service Agreement (General)
Updated 17th July 2011
Please read our Service Agreement in its entirety. All users of our service will be bound by any other Service Agreements published by BIG Plans Web. We may update our Service Agreement from time to time. Your use of our services after the date on which updates are stated shows your unconditional agreement to them as set out below.
Definition of Terms
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "BIG Plans Web", "us", "we" and "our" means BIG Plans Web; "Service", means services provided by BIG Plans Web; "client", "your" and "you" means the party or parties who the services are provided to, and agree with our Service Agreement.
BIG Plans Web provides you a variety of online services including, but not limited to, domain name registration, email, web hosting, database hosting, (the "Service"). Unless stated otherwise, any new service features that enhance a current service shall be subject to our Service Agreement.
Providing Us With Information
You agree to provide true, accurate, current and complete information relating to who the services are being provided to, whether being an individual, organisation or registered company. You also agree to maintain and promptly update your account information to keep it true accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or BIG Plans Web has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BIG Plans Web has the right to suspend or cancel your account without notice and refuse any and all current or future use of our services.
We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it. BIG Plans Web does not provide credit references unless specifically agreed upon by BIG Plans Web before the credit reference is requested by a third party.
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to use our services, and the account must be opened and maintained by a parent or legal guardian, in their name.
You agree to provide BIG Plans Web with your full legal name, postal address, telephone number and an email address that is not hosted through BIG Plans Web for our records, and you have a continued obligation to keep this information current.
Electronic Communication and eMail Lists
You acknowledge and agree for us to add you to our email lists for the purposes of emailing you and keeping you informed about tips and advice, products, services, network status messages and other forms of communication that in the opinion of BIG Plans Web, these email communications will add value to our business relationship. You also have the option to unsubscribe to these email communications at any time.
Providing You With Service
We aim to provide you highly reliable services that can be accessed at anytime. If you use our services for personal or non-commercial use, you can exercise your rights under the Consumer Guarantees Act 1993 (CGA) and our Service Agreement does not limit your rights. However if you use our services for business purposes (or you have told us you will do so) then we exclude all warranties implied under the CGA.
BIG Plans Web’ services may only be used for lawful purposes. Any use which violates any national or international laws which may apply to BIG Plans Web or any jurisdiction that you may be subject to is strictly prohibited. While using a BIG Plans Web service, you will not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.
BIG Plans Web will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.
30-Day Money Back Guarantee
BIG Plans Web’ services are backed by a 30-day money back guarantee for web hosting account only. If you are not completely satisfied with our services or support within the first 30 days of your service, you will be given a full refund of the monthly fees excluding any applicable setup fees, 3rd party services, overages or domain name registrations. Your account must be cancelled within the first 30 days of service and you must provide a valid reason for cancellation for the guarantee to be honoured. Refer to Cancellation of Service for the accepted cancellation methods.
Terms of Payment
You agree to pay BIG Plans Web for the services received from BIG Plans Web in advance of the time period during which such services are provided.
All service fees are due in full within 14 days of invoice dates. If payment is not received within this period, you will be emailed and posted an overdue notification stating the amount owing and a service suspension date. If payment in full has not been received by the advised suspension date, your services will be suspended without further notice and reconnection fee of $25.00 + GST will apply.
Suspended accounts are cancelled after a further 14 days at which time all data and account settings are deleted from our servers. If any outstanding service fees have still not been received, your account will be referred to our debt collection agency and you will incur all costs of collection pursuant to the Fair Trading Act, 1986.
BIG Plans Web reserves the right to refuse service to any individual, organisaton or company which has previously not complied with our Terms of Payment.
Right to Refuse
BIG Plans Web may at any time and without notice to you, suspend, or refuse to continue to provide service without providing any reason at any time prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised.
Cancellation of Service
You fully understand that until and unless you notify BIG Plans Web of your desire to cancel any or all services received, and you complete the cancellation process, those services will continue to be provisioned and invoiced on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation.
Without exception, all service cancellations requests must be submitted using our clients online service portal at our website at the following URL https://www.bigplans.co.nz/clients
Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number - that is the only proof of cancellation that will be accepted by BIG Plans Web. There are no refunds or credits once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.
BIG Plans Web will not accept verbal, emailed or faxed instructions to cancel a service or account.
Acceptable Use: Server Performance
If your web site affects the performance or security of the server system, BIG Plans Web at its sole discretion, without notice, may immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the server system as a whole.
Zero Tolerance Spam Policy
BIG Plans Web takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. Sending unsolicited email, from any server located on the BIG Plans Web network is STRICTLY prohibited. BIG Plans Web will be the sole arbiter as to what constitutes a violation of this provision. The accounts of any user who sends spam will be terminated without notice, regardless of whether the messages were sent from a BIG Plans Web server(s) or from another server advertising a site hosted on BIG Plans Web servers.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
BIG Plans Web services, including all related equipment, networks and network devices are provided only for authorized customer use. BIG Plans Web systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BIG Plans Web system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. BIG Plans Web may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate authorities..
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Server Maintenance & Updates
BIG Plans Web and its partners perform regular upgrades and updates to server applications. These upgrades/updates may require you to update/upgrade your code to be compatible with new versions. You agree to take full responsibility for implementing these updates. BIG Plans Web is not responsible for web site malfunctions after upgrades/updates due to clients running incompatible code.
Backups and Data Loss
BIG Plans Web uses daily backups but no specific time. Your use of this service is at your sole risk. Our backup service, overwrites any of our previous backups made, and only one copy of a backup is kept. This service is provided to you as a courtesy. BIG Plans Web is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BIG Plans Web servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by BIG Plans Web.
Where you use server side code, you agree to test all code in local test environment before uploading to BIG Plans Web’ servers. You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. All installed scripts must be updated with the latest releases and you must ensure that it is not possible to abuse such scripts to gain access to the file system of the server, affect the service of other clients on the server, or to send emails to third parties. BIG Plans Web reserves the right to suspend or cancel your account without notice if a script installed by you is not up to date, is found to be affecting the overall performance of the server, or has been compromised.
You agree to fully defend and indemnify and hold harmless BIG Plans Web of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including lawyers fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of BIG Plans Web in any way related to your use of BIG Plans Web services or any portion thereof.
BIG Plans Web makes every reasonable effort to maintain the uninterrupted operation of the services, subject to regularly scheduled server and network maintenance cycles. In no event shall BIG Plans Web be liable for any consequential, indirect, special or incidental damages, even if BIG Plans Web has been advised by the user of the possibility of such potential loss or damage. If BIG Plans Web’ service to you is disrupted or malfunctions for any reason, BIG Plans Web shall not be responsible for losses of income due to disruption of service, or any other such issues whether due to the active or passive negligence of BIG Plans Web, beyond those covered in the BIG Plans Web Service Level Agreement.
BIG Plans Web shall not be liable for any failure or delay in performance of its service, which is caused by circumstances beyond the reasonable control of BIG Plans Web including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS issues outside BIG Plans Web’ reasonable control or failure or outage of any telecommunications links or other connections forming part of the Internet which are not under the control of BIG Plans Web.
Each provision of this Service Agreement shall be construed separately. If the whole or any part of any such provision may prove to be illegal or unenforceable, this shall not affect the legality or enforceability of any other provision of this Service Agreement and the parties shall try to agree substitute provision for that which is invalid or unenforceable.
The Service Agreement will be construed in accordance with and governed by the laws of New Zealand. Each party agrees to submit to the exclusive jurisdiction of the New Zealand courts.
BIG Plans Web and you will negotiate in good faith and use their reasonable efforts to settle any dispute that may arise out of or relate to this Service Agreement or any breach of it. If any such dispute cannot be settled amicably through ordinary negotiations, the dispute shall be referred to the representatives nominated by each party who will meet in good faith in order to try and resolve the dispute. Nothing shall restrict either party's freedom to commence legal proceedings to preserve any legal right or remedy or protect any proprietary or trade secret right.
You do not have the right to off-set any money that you may claim from BIG Plans web against anything the you may owe BIG Plans Web from any invoice.
You shall indemnify and keep indemnified BIG Plans Web against all expenses and liabilities BIG Plans Web may incur (directly or indirectly and including legal and debt-recovery costs on a full indemnity basis) following any breach by you of any of its obligations under this Service Agreement.
BIG Plans Web may without advance notice amend this Service Agreement from time to time, and will do so by posting the new Agreement on the BIG Plans Web web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the BIG Plans Web web site for updates of this Service Agreement.
You acknowledge that you have read this Service Agreement and agree to all it's terms and conditions. You have independently evaluated the desirability of using the service are not replying on any representation, guarantee, or statement other than as set forth in this agreement.