TERMS OF BUSINESS

1.0 This Agreement
This document forms an agreement between the recipient of our services (You) and The Internet Business Development Group (Us, We) for the provision of our services. Choosing to receive any of our services indicates that you have accepted this agreement.

2.0 Our Services
We provide a range of services. These services may vary from time to time and we reserve the right to add, remove or amend the services we offer at our own discretion.

When you select to subscribe to any of our services it is with your understanding of what each service is, what you will receive, what the costs are, and the payment terms.

We retain the right to refuse service to anyone at any time, for any reason or no reason at all.

2.01 - Zoom Room deliver program code that complies to the WC3 worldwide standards to ensure consistency of appearance across differing browsers and operating systems. Microsoft Internet Explorer 6 does not support these standards as it predates their adoption. If you would like your website to support this browser please let us know before work commences as this will increase development time by 30%.

3.0 Payment for Services
Unless we have stated otherwise in writing, our services all operate on a pre-paid basis. This means you must pay for all services in advance.

Invoices are generated on the 1st day of the month for monthly or quarterly accounts. If you join our services within the first 15 days of the month, then a part-month fee will be applicable based on a daily pro-rata calculation. If you join our services in the remainder of the month (after the 15th) then we will not charge for that month’s service unless the pro-rata amount is more than $20.00 NZD.

You can pay for your account by Visa, Mastercard, Cheque, Automatic Payment or Cash.

We issue invoices by post. We assume that you have received our invoices 3 days after we post them. It is your responsibility to ensure that you receive mail from us.

Payments are due 14 days following the date of the invoice. A notification will be sent to you if payments are overdue.

Late payments may incur a late fee equal to 3% of the outstanding balance calculated on a monthly basis. Late fees may accrue and compound until paid.

If you fail to make payment within 2 months we may suspend or restrict the services on your account. If you choose to make payment on the outstanding amounts a $50 reconnection fee may apply. We may use debt collection services to recover any debts that you owe us. Any fees incurred by us in the collection of the debt will be charged and payable by you.

4.0 Cancellation of Services
You agree to give at least 30 days notice of cancellation of services. Notice must be made by post or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.

Cancellations can be faxed to +64 (03) 348 0553 or posted to:

ZoomRoom>IBDG
P.O. Box 3116
Christchurch, New Zealand

Credits for pre-paid services will only be issued for full months.

5.0 Our Responsibilities
We agree:

I. to provide high performance Internet services to you;
II. to be available during normal business hours (Monday to Friday between the hours of 8:30 am and 5:00pm with the exception of public holidays) by telephone for support and enquiries;
III. to be available by email during normal business hours for support and enquiries;
IV. to correct all problems in a timely manner, as soon as we become aware of them;
V. to respond as soon as we can to emergency support requests;
VI. to bill you correctly for the services you subscribe to; and
VII. to keep our software and systems up-to-date.

6.0 Your Responsibilities
You agree:

I. to provide us with correct contact details, and to keep them up-to-date;
II. to keep your private access details (usernames and passwords) confidential;
III. to keep back-up copies of all files you publish to our servers;
IV. to download your email regularly; and
V. to not store email on our server for longer than 30 days (or it may be removed without notice).

We prohibit the publication of the following content on our servers (including pictures, links, and text):

I. any material that infringes any copyright, trademark, patent, common law, or rights of others;
II. any material that is libellous or slanderous;
III. any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
IV. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.

We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.

7.0 Retrieval of Access Details
If you lose your access details you can:

I. request a password re-send if available;
II. phone or email our support staff to re-send them to the address we have on record; or
III. send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

8.0 Changing Your Details
You must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

9.0 Design, Programming and Consultation Services
9.1 Payment of Deposit
Upon your agreement for us to carry out services, we will require a 30% non-refundable deposit payable in advance of any work being carried out.

For services that we expect to exceed $5,000 in total cost, we may charge progress payments. Progress payments will be payable within 14 days of issue.

9.2 Payment on Completion
All outstanding invoices for our services must be paid in full prior to us handing over the completed work. If we have designed a website or software system, then this will not be activated until payment has been received.

9.3 Intellectual Property
All intellectual property or design work that has been created by us will remain our property until you have paid for them. This includes any demonstration compact discs that are supplied with this proposal, or later submitted within a negotiation. Use of this material before completing the transaction is prohibited.

9.4 Use of Library Code within Software
The term ‘library code’ refers to portions of software that we use repeatedly in the course of our business.

If we have developed a website or software application for you, then the final product may contain some or all of our proprietary library code. We retain the right of ownership of the library code and any intellectual property associated with it. We provide you with unrestricted use of the library code under this agreement, for the purpose it was supplied. You may not copy, sell or give away any portion of the library code without first obtaining our written permission. We reserve the right to licence the same library code to other clients.

9.5 Software license
Unless we have stated otherwise in writing, we issue you with a single copy of your website or software. This may be used for the practical purpose it is intended for ie: a website may be visited by many unidentified people. However, you are not permitted to make copies of any of our work. This applies to copies that you may wish to make for circulation within your organisation. This restriction also applies to the resale of software or parts of software that we have designed. It is your responsibility to seek clarification from us pertaining to your rights should you wish to circulate copies of software we have provided you with a licence for.

Unless we have agreed otherwise, you will be required to pay additional licence fees for each copy of software that you wish to use.

9.6 Non-Completion or Delays in Completing Services
If we are unable to complete our services to you or are delayed in doing so for a period of 30 days or more, we reserve the right to charge up-to-date for the work that we have carried out. This will be calculated based on the number of hours that have been completed by us (or our agents) multiplied by our standard hourly rate for such services.

9.7 Right to subcontract
We reserve the right to subcontract any or all of the services we provide you. All services provided by subcontractors will be provided under the terms of this agreement.

10.0 Our Liability to You
As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that Act does not apply to the services we provide you.

To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.

We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement.

10.1 Limitation of Liability
In the event that clause 10.0 proves unenforceable, we limit our liability to the amount of money that you have paid us for our services.

11.0 Resale of our Services
If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:

I. there is no direct relationship between us and your client;
II. you will not refer your customer to us for support services;
III. you will make it clear to your client that you are the contact for all purposes; and
IV. this agreement also applies to your client.

12.0 IP Addresses
We maintain control and ownership of any and all IP numbers and addresses that may be assigned to you and reserve the right to change or remove any and all IP numbers and addresses.

13.0 Compliance with Law
You agree to use our services in a manner consistent with all applicable New Zealand and/or Australian laws. If you wish to make a claim against us you must do so in a New Zealand court.

14.0 Changes to this agreement
We may change this agreement from time to time. When we change this agreement we will notify you by email or post according to the contact details you have given us. The new agreement will become enforceable 3 days from the date that we notify you. It is your responsibility to read and understand any changes that we make. If you are unhappy with any changes that we make to this agreement; your sole remedy is to cancel your account.