ACTIVEHOST HOSTING TERMS | ACTIVATE DESIGN LIMITED

Background

These Hosting Terms apply to the provision of all website hosting, domain registration, email hosting, and related services supplied by Activate Design Limited under the ActiveHost brand. Defined terms used in these Hosting Terms have the meaning given in the Master Terms unless expressly stated otherwise.

Provider Details

Hosting and related services are provided by:

Hosting Plans

Activate Design offers a range of hosting plans including, but not limited to, shared website hosting, e-commerce hosting, email hosting, and domain registration. The features, resource limits, and pricing of each plan are set out on the Activate Design website at the time of order, and form part of the Order between the parties.

Activate Design reserves the right to introduce, modify, or discontinue hosting plans from time to time. Where a plan is modified or discontinued in a manner that materially affects the Client, Activate Design will give the Client at least 30 days' written notice and will work with the Client to migrate to a comparable plan.

Hosting Billing Cycles and Payment

Hosting and related recurring services may be billed monthly or annually in advance, as specified in the Order. Unless otherwise agreed in writing:

• Monthly hosting is invoiced in advance and is payable by the 20th day of each month. Payment may be made by automatic bank deposit, direct debit, or credit card.
• Annual hosting is invoiced in advance for the term and is payable within 7 days of the invoice date. Payment may be made by bank deposit, direct debit, or credit card.
• Hosting invoices are delivered by email. Hard copy invoices are available on request and may attract an administration fee.

For all other services (including ad-hoc support, development, and one-off work), payment terms in the Master Terms apply.

Late Payment of Hosting Invoices

Where a hosting invoice remains unpaid past its due date, the following applies:

• An administration fee of NZD $35.00 plus GST may be charged for each missed hosting payment to cover the cost of follow-up and re-billing;
• Interest on overdue amounts accrues in accordance with the Master Terms;
• If a hosting invoice remains unpaid for more than 30 days past its due date, Activate Design may suspend Hosting Services in accordance with the Suspension of Services clause of the Master Terms;
• If an account remains overdue beyond 90 days from the original due date, the debt may be passed to a debt collection agency. The Client is liable for all collection costs in accordance with the Master Terms.

Suspension does not relieve the Client of the obligation to pay outstanding amounts. Reinstatement of suspended services may be subject to a reinstatement fee and is conditional on payment of all overdue amounts in full.

Hosting Termination by the Client

The Client may terminate hosting services by giving Activate Design at least one (1) month's written notice. Notice may be given by email to info@activatedesign.co.nz or to the Client's account manager.

For monthly hosting, hosting fees are payable up to the end of the notice period. For annual hosting, fees already paid in advance are not refundable except as set out in the Refunds clause below.

Termination of hosting services does not terminate any other agreements between the Client and Activate Design (including development agreements, maintenance agreements, and domain registrations).

Refunds

The Client may cancel a new hosting plan within two (2) days of activation for a full refund of the hosting service fee. The 2-day refund does not apply to:

• Domain name registration fees, which cannot be refunded once the domain has been registered with the registrar;
• SSL certificate fees, where the certificate has been issued;
• Setup, migration, or configuration fees for work already performed;
• Any third-party costs paid out by Activate Design on the Client's behalf.

Hosting plans cancelled after the first two days of activation are not eligible for a refund. The Client may continue to use the hosting service until the end of the period already paid for, subject to compliance with these Hosting Terms.

Bandwidth and Resource Use

Each hosting plan includes a notional allocation of disk space, bandwidth, and other resources as published on the Activate Design website. Activate Design operates a flexible resource model: occasional short-term excess use is generally absorbed by the shared infrastructure without additional charge.

Where a Client's use of resources is materially and persistently disproportionate to the plan ordered, or where the Client's use degrades the performance or stability of shared infrastructure for other clients, Activate Design will contact the Client to discuss either an upgrade to a more appropriate plan or a reduction in resource consumption. Where agreement cannot be reached, Activate Design may, on reasonable notice, adjust the Client's plan or apply additional charges to reflect actual resource use.

Backups

Backups of websites and databases hosted by Activate Design are performed daily at approximately 1am New Zealand time and are retained incrementally for 10 days. Backups can be restored on request.

Backups will be restored at no charge where the loss of data is the result of a system issue or data failure that, in Activate Design's reasonable opinion, is Activate Design's responsibility.

Restoration of data lost as a result of accidental or intentional action by the Client (including but not limited to deletion, overwrite, misconfiguration, or compromise of Client credentials) is treated as a customer-specific restoration and is charged at Activate Design's standard hourly rate. After-hours call-out charges may apply where applicable.

The Client acknowledges that backup and restoration services are a recovery aid and are not a substitute for the Client maintaining its own copies of critical data. Activate Design does not warrant that any specific backup will be successfully restorable, and is not liable for loss of data beyond the scope of the Limitation of Liability clause in the Master Terms.

For backups required for the purpose of transferring hosting to another provider, the Exit Assistance and Website Backups for Transfer clause in the Master Terms applies.

Domain Names

Where Activate Design registers or renews a domain name on the Client's behalf, the Domain Name Registration clause of the Master Terms applies. In addition:

• Domain registration and renewal fees are non-refundable once the registration or renewal has been processed with the registrar;
• The Client is responsible for ensuring that contact details associated with the domain are kept up to date and that renewal notices are acted upon;
• Activate Design is not liable for the lapse, loss, or hijacking of any domain where the Client has failed to respond to renewal notices, has not paid renewal fees, or has provided incorrect contact information.

Email Services

Where email hosting is provided as part of, or in addition to, a website hosting plan:

• The Client is responsible for the configuration of email clients on the Client's own devices, and for the security of email account credentials;
• Activate Design will provide reasonable assistance with initial setup but ongoing local-device support is a charged service in accordance with the Support Services clause of the Master Terms;
• Email is an inherently unreliable medium and Activate Design does not warrant that all messages will be delivered, received, or retained. The Client should not rely on email alone for time-critical or legally significant communications;
• The Client must not use email services to send unsolicited bulk email (spam) or any communication that breaches the Unsolicited Electronic Messages Act 2007;
• Activate Design may apply spam filtering, virus scanning, and rate limiting to protect the email service, and is not liable for legitimate messages incorrectly identified by such systems.

Acceptable Use

Use of ActiveHost services is subject to the Acceptable Use of Hosting Services clause in the Master Terms. The Client must not use, and must not permit any third party to use, ActiveHost services to host, store, transmit, or distribute any content that is unlawful, objectionable, malicious, deceptive, or abusive of shared infrastructure, including (without limitation) the categories of content listed in the Master Terms.

Activate Design reserves the right to remove content deemed offensive or in breach of these terms, and to suspend services immediately on reasonable grounds, in accordance with the Master Terms.

Hosting Service Levels

The Uptime, Legacy Software and End of Life, Hosting Services and Security, Client Credentials and Access, and Data Breach Notification clauses of the Master Terms apply to all hosting services provided under these Hosting Terms.

For the avoidance of doubt: Activate Design targets, but does not guarantee, an availability of 99.5% per calendar month. No service level agreement (SLA), service credit, or refund scheme applies to hosting services.

Resale and Transfer of Hosting

The Client may not resell, sublicense, or transfer ActiveHost hosting services to any third party without Activate Design's prior written consent.

Where the Client's website is sold or otherwise transferred to a new owner, the Client must notify Activate Design in writing. Continued provision of hosting services to the new owner is conditional on the new owner accepting these Hosting Terms and the Master Terms. Until that acceptance is in place, the original Client remains liable under these terms.

Updates to These Terms

Activate Design may update these Hosting Terms and its hosting plans from time to time. Where an update materially affects the Client's existing services, Activate Design will give the Client at least 30 days' written notice by email. Where an update affects pricing, the Pricing clause of the Master Terms applies.

Continued use of ActiveHost services after the effective date of an update constitutes acceptance of the updated terms.

Relationship to the Master Terms

These Hosting Terms supplement and form part of the Activate Design Limited Master Terms. All other provisions of the Master Terms — including those relating to Confidentiality, Data Breach Notification, Privacy Act 2020 obligations, Limitation of Liability, Applicable Law, Force Majeure, Severability, and Entire Agreement — apply to hosting services and are not repeated here.

The Master Terms are available on the Activate Design website. The Client is responsible for reading and understanding both documents.