Website Hosting Terms & Conditions

This page contains the Terms of Use, Conditions and Fair Use Policy for Meta Digital's Website Hosting,
 Maintenance
 & Security Plan (Website Service Plan).

Subject to change. If you have any questions, please contact us.

This page contains the Terms of Use, Conditions and Resource Usage Policy for Meta Digital’s Website Hosting,
 Maintenance
 & Security Package (Website Service Plan). Holding an active Website Service Plan signifies a customer’s acceptance of these Terms and Conditions.

If you have any questions, please contact us.

Customer Satisfaction Guarantee If within 30 days of opening your website service plan you find our service doesn’t meet your requirements for any reason, please contact us and we will refund your payment.*

* Applies to Website Service Plan only. We cannot refund domain name registration fees or third party plugins as these cannot be cancelled.

Service Availability, Scheduled Maintenance and Downtime

Meta Digital 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 Meta Digital’s control or which are not reasonably foreseeable by Meta Digital, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

Meta Digital will provide at least 24 hours advance notice to the subscriber for scheduled downtimes, and will use commercially reasonable efforts to minimise any other disruption, inaccessibility and/or in-operability of its web servers. Meta Digital has no responsibility for downtime resulting from a user’s actions.

Meta Digital guarantees 99.9% uptime across all servers within our data-centres through our infrastructure partners. Uptime is defined as the percentage of time the server is running and capable of responding via its ethernet port, excluding any scheduled downtime whether notified or not.

The uptime guarantee applies to hardware and network SLA only. The server availability guarantee does not include downtime that is out of our control, including but not limited to: upstream network outages, internet backbone congestion or outages caused by acts of god.

Third Party Plugins

Some third party plugins or extensions can have a one off cost or an annual fee for use. The cost of this is not included in any service plan.

Backups

All websites hosted by Meta Digital are backed up regularly; databases are backed up offsite daily and files are backed up offsite weekly. This is done as well as any backups that are made by our hosting infrastructure partners. Websites with different backup requirements can be arranged.

Data Security

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

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

cPanel and WHM is not associated with Meta Digital.

Account Set up, Termination and Billing

Suspension of services due to overdue account: Hosting services will be suspended if payment is not received within 60 days of the due date of the oldest outstanding invoice. If your service has been suspended, you may be charged a reconnection fee in order to re-activate your account.

Termination of accounts due to overdue payment: If an invoice is not paid within 90 days of the due date, the hosting services will be terminated and all information within the account will be deleted.

Cancellation Procedure: Termination of service in a given month requires at least seven days notice prior to that month’s billing date, otherwise account termination and billing termination will not take effect until the subsequent month’s billing date.

Meta Digital maintains the right to cancel accounts at its discretion.

Service Cancellation & Refunds

Service cancellations must be actioned via email.

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.

Third party plugins or extensions fees, 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

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

Meta Digital 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.

Confidentiality

All access to privileged information by Meta Digital support staff is treated in the strictest confidence.

All Meta Digital online systems and websites use SSL encryption exclusively.

Meta Digital has policies in place for how we manage the transmission and storage of passwords and other private information.

Meta Digital does not store any customer credit card or other financial information in our systems. All payments are handled by our third-party payment providers.

Data Retention & Purging

While a customer’s hosting service is active, Meta Digital 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 send a support ticket after the hosting service has been cancelled.

Resource Usage

Meta Digital’s hosting services feature metered data traffic. During the process of building your site we will work with you to decide which resources best suit your site; this includes disk space, traffic, and level of support.

Should Meta Digital determine that a customer’s account is exceeding it’s allocated resources and is causing interference with other users, Meta Digital will notify the customer. If a customer’s resource usage is significantly greater than it’s allocation, Meta Digital reserves the right to throttle the customers services where appropriate. In cases where the resource usage is expected to continually exceed it’s allocation, Meta Digital will contact you and work with you to upgrade your service.

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

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

Content

All services provided by Meta Digital 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 subscriber agrees to indemnify and hold harmless Meta Digital, from any claims resulting from the subscriber’s use of Meta Digital’s services which damages the subscriber or any other party.

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

  • 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

Meta Digital 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

Meta Digital prohibits the storage, distribution, fabrication, or use of malware including virus software, rootkits, keystroke capture programs and other software employed for malicious activity.

You agree that Meta Digital 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 Meta Digital’s systems or customers’ data.

Server Abuse

Any attempts to undermine or cause harm to a Meta Digital server or subscriber of Meta Digital 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 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 Meta Digital and all dedicated servers must adhere to the above policies.

Bulk Mail

You may not use any Meta Digital 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 Meta Digital 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

Meta Digital will not be responsible for any damages your business may suffer. Meta Digital 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 Meta Digital 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. Meta Digital maintains the right to deactivate accounts without prior notification.

Meta Digital 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.

By opening an account – the customer agrees to the terms, conditions and policies stated here-in.

Limitation of Damages

Recovery of damages from Meta Digital 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 Website Hosting,
 Maintenance
 & Security Plan (Website Service Plan) is to discontinue using the service.

Last updated: January 2018. Subject to change. If you have any questions, please contact us.