TERMS OF SERVICE

Navanet.co.nz, www.navanet.co.nz, is operated by Navanet Limited. This service contract  is between Navanet Ltd ( and the applicant, You (hereinafter CLIENT) who wishes to purchase Internet Web Hosting and/or other services with Navanet Ltd. The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, and local laws.

Navanet Ltd will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.

CLIENT's rights and privileges cannot be sold or transferred without the written consent and approval from Navanet Ltd sixty (60) days in advance.

This contract represents the complete understanding between Client and Navanet Ltd. If Client sells advertising to a third party the Client will be held responsible for the content of that advertising and the actions of that third party. Client agrees not to harm Navanet Ltd, its reputation, computer systems, programming and/or other Clients using Navanet Ltd's services.

Navanet Ltd reserves the right to refuse service and cancel a Client account at any time.

Navanet Ltd is not liable for any errors or interruption in service, whether within or outside of Navanet Ltd's reasonable control. Client understands interruptions may or may not occur and Client will hold Navanet Ltd free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Navanet Ltd or by third-party providers, or because of power interruptions or other causes.

Client is expected to be familiar with and to practice good Internet etiquette (Netiquette). Client will comply with the rules appropriate to any network to which Navanet Ltd may provide access. Client should not post, transmit, or permit Internet access to information Client desires to keep confidential. Client is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Navanet Ltd by offended users. Navanet Ltd reserves the right to refuse or terminate service at any time. Client will indemnify Navanet Ltd and hold Navanet Ltd harmless from any damage to Navanet Ltd's business, service, equipment, network(s) operations, or reputation resulting from Client's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Client is responsible for protecting Client's password and for any authorized or unauthorized use made of client's password. Client will not use or permit anyone to use Navanet Ltd's service to guess passwords or to access other systems or networks without authorization. Navanet Ltd will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

Navanet Ltd has the right to refuse service if Client content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by Client and/or Clients's third-party.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@navanet.co.nz.

Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.

Navanet Ltd will not be 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.

Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Navanet Ltd.

Uptime Guarantee 

guarantee 99.5% availability

Exclusions

You are not entitled to a service credit if you are in breach of your Customer Agreement with Navanet Ltd, including your payment obligations. The inability to purchase new services due to breach of the Navanet Ltd's terms of service are not covered by this.

This Service Level Agreement does not apply to any downtime, suspension, or termination of any Navanet Ltd services: that result in account suspension or termination due to breach of the Customer Agreement, caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Navanet Ltd-controlled data centers, inadequate resources to run a customer instance, or that result from any actions or inaction of you, another customer or any third party, or that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than those which are under our direct control).

Client uses Navanet Ltd services at Client's own risk. Navanet Ltd makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Navanet Ltd shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Navanet Ltd has no control whatsoever and shall not be responsible to Clients for the content of any web site or for the content of any third-party material passing through or associated with Client's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

All contracts are on a recurring basis. CLIENT shall pay CWH recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on Navanet Ltds invoice. Amounts past due may result in the termination of Client's account. Taxes, special services and third party charges will be stated separately on the invoice. Client shall pay all taxes, fees, and governmental charges. Navanet Ltd may change prices without notice and it is the Client's responsibility to check the website for updates.

All cancellations by Client of service or changes in service must be done in writing to Navanet Ltd. It can be done by email ( billing@navanet.co.nz ) or via regular postal to Navanet Ltd PO BOX 301629Albany, Auckland, 0752.

If Client breaches any part of this contract and Navanet Ltd has to engage the services of an attorney, the Client will pay any and all of Navanet Ltd's reasonable attorney fees and court costs. All Client fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie.  The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services . The fees for additional or upgraded services for which the "Order" is accepted will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the following renewal terms until cancelled in Section.

In no event shall Navanet Limited or any of its officers, contractors, or employees be liable for any loss of profit or revenue by Client or for any consequential, incidental, special or exemplary damages incurred or suffered by Client, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Navanet Ltd has been advised of the possibility of such loss or damage. Client shall indemnify and hold harmless Navanet Ltd from and against any all claims, costs, expenses or liability arising out of Client's (inclusive Client's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of Client's web site content and/or information.

Navanet Ltd will not be 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.

Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Navanet Ltd.

Navanet Ltd reserves the right to revise its policies at any time without notice.