Prodigi Service Use Policy
Last Updated: 02/11/2022
Changes to this Policy
We may change this policy by uploading a revisedpolicy onto the website. The change willapply from the date that we upload the revised policy.
Support
Support for unmanaged services is limited to anadvisory basis via email tickets. Phone support is not available. A managedsupport addon is available for all unmanaged services.
Unmanaged services include:
· Standard VPS Hosting
· Residential Internet
· Business Internet (excluding Private APN and Hyperfibre)
· Shared Hosting
· Domains
Support for managed services includes support viaemail, phone, and online chat. Requests requiring action from our team on yourbehalf or phone calls/meetings taking more than 15 minutes, will be billed atour standard rates (or against your pre-paid time if any).
Managed services include:
· HA VPS Hosting
· S3-compatible Block Storage
· Monthly service plans
· Business IT Services
· Business Private APN and Business Hyperfibre
· Reseller Hosting (root account – sub-accounts are theresponsibility of the reseller)
· Managed Dedicated Hosting
· Managed Network
Internet Connections
1. You must supply your currentprovider information such as existing internet provider, account number orphone number as requested by us.
2. It can often take 10-14business days to transfer your connection, and sometimes (though not typically)many months.
3. We are not liable for anyearly termination fees that you incur with your existing provider through theprocess of transferring service to us.
4. Please verify that you arenot using any other services, such as email, from your existing provider, thatmay be terminated when you transfer your internet to us.
5. Supplier (such as Chorus forfibre and copper, and other LFCs) charges will apply at their prescribed ratesfor any non-standard services, or additional services requested by the customerincluding, but not limited to VDSL installation, ONT moves and internal wiringissues.
6. We provide no serviceavailability or performance guarantees.
7. Fair Usage Policy for Unlimiteddata connections
a. On all connections with nodata limit, you are able to use as much data as you like, on the proviso thatyour usage does not impact other customers or our network.
b. We may contact you andrequest that you reduce your usage if:
i. Your average (95% metered) utilisation over a month exceeds either10% for residential or 20% for business, of your maximum connection speed
ii. For all connections, if we suspect use in contravention of ourAcceptable Use Policy
iii. Your usage is impacting other customers, or the stability of ournetwork.
Web Hosting
We maintain backups of all web hosting servers andmake these available on a self-service basis for customers. Unless you are on amanaged service (or plan), backup availability is not guaranteed and we adviseyou maintain your own backups.
The security of your website(s) and account(s) are yourresponsibility.
Domain Names
Where other terms in our Business Terms and ServiceUse Policy conflict with this section, this section will prevail.
1. The Registrar's Obligations
We agree that we will:
a. comply with all .nz policiesand accurately represent these to you;
b. disclose accurately andcompletely all our terms and conditions associated with your use of ourservices to register and maintain a domain name sought to be used by you,including price and billing information;
c. comply with your lawfuldirections in a diligent and timely manner regarding your .nz domain name, (forexample, registration, cancellation, amendment, deletion, and associatedtechnical support and billing);
d. process any new .nz domainname registrations with the registry within 3 hours from the time we receiveall the information required to complete a registration if it is within ouradvertised business hours of 9am to 5pm Monday-Friday, and otherwise within 24hours;
e. notify you of theregistration of your domain name(s), including the details of: the domain name,your own contact details, our contact details, the registration period, theunique authentication ID for your domain name and your obligations as aregistrant;
f. arrange for correction of any error in the information in theregister about any domain name registered to you when requested;
g. provide to you, or tosomeone we reasonably believe to be acting on your behalf, the uniqueauthentication ID for your domain name when requested and for no charge;
h. use your personalinformation only as authorised by you;
i. take all reasonable steps to safeguard and protect allinformation about you stored in our databases and system(s);
j. comply with any order of any authority having jurisdictionregarding any domain name registered to you;
k. use our best endeavours todeal with any complaints you may have about the services we provide for you.
2. The Registrant's Obligations
You agree that you will:
a. comply with the .nzpolicies. You agree that you have read and understood the current policies;
b. make sure all informationyou give us is accurate and complete, keep us informed of changes to anyinformation you give us, and that you have the authority to enter into thisagreement;
c. keep the uniqueauthentication ID for your domain name and any other security information thatwe give to you confidential, safe and secure;
d. satisfy yourself that youruse of a domain name will not infringe anybody's intellectual property rightsand protect us, and everybody we are in any business relationship with toprovide services to you, from any such claim;
e. ensure that you only use ourservices for a lawful purpose;
f. ensure that the use of any domain name registered to you doesnot interfere with other users of the Internet;
g. ensure that any order of anyauthority having jurisdiction regarding any domain name registered to you iscomplied with;
h. protect us, and everybody wehave a business relationship with, against any legal action taken against usbecause of the receipt or use of our services by you or someone you areresponsible for, including reliance by us or anybody we have a business relationshipwith, on information supplied by you.
3. Duties of Other Persons
a. You agree to make sureeveryone you are responsible for or who uses a domain name registered to youalso meets the above duties.
4. Registration of a DomainName
a. Operation of the .nz domainname space requires the collection of information, including some personalinformation, from you. In order to have a domain name registered in your name,this information must be entered into the register (see clause 5 below for moredetails regarding the register).
b. By entering into thisagreement, you consent to providing us with the following personal information(“personal information”):
i. name;
ii. email;
iii. address;
iv. country; and
v. phone number.
c. While you have the right towithdraw your consent to providing us with your personal information, withoutthis personal information we cannot perform our obligations under thisagreement (including registering and maintaining a domain name for you) because:
i. the personal information is necessary in order for your domainname to be recorded on the .nz register;
ii. we need to be able to contact you in relation to theadministration of the domain name; and
iii. we are required by .nz policies to collect your personalinformation;
d. If you decide to transfermanagement of your domain name to another registrar, or if your domain name iscancelled, or if this agreement ends for any other reason, we will continue tostore your personal information for a period of not less than 6 years forlimitation and tax administration purposes.
e. You further agree that:
i. the domain name is registered in your name only because no otherperson has it according to the records of the register; and
ii. neither we nor anybody else is representing anything else toanybody regarding that domain name. The entry of a domain name in the QueryService shall not be taken as evidence of anything other than suchregistration; and
iii. you protect us and everybody we have a business relationshipwith to provide services to you, from any claim arising out of the domain namebeing registered in your name or as you direct.
5. Register and registry
a. The register is theauthoritative database of .nz domain names and the details shown in theregister is treated as the correct record. The register is operated by theregistry branch of InternetNZ (“registry”).
b. In order to have a domainname, it is necessary that the registry store your personal information on theregister.
c. When a domain name is nolonger registered in your name, the registry will continue to store yourpersonal information (“historical personal information”). Historical personalinformation may only be disclosed where authorised or required by New Zealand law.
d. To the extent GDPR applies,EU registrants have the right to object to the registry storing historicalpersonal information and/or disclosing it as authorised or required by NewZealand law.
e. Despite clause 5d, pursuantto Article 21 of GDPR, the registry maintains that it has compelling legitimategrounds for storing an historical auditable record of all domain names anddisclosing historical personal information as authorised or required by NewZealand law. This is because without carrying out these functions, theintegrity and operation of the register would be significantly undermined.
6. DNC
a. DNC is the entity whichregulates the .nz domain name market space.
b. DNC provides a domain nameregistration data query service (“Query Service”) (see section 21 of .nzOperations and Procedures policy for further details). Through the QueryService, the public is able to access the register with respect to a particulardomain name from DNCL’s website. Subject to the Individual Registrant PrivacyOption (“IRPO”) referred to in clause 6g below, in response to a Query,registrants’ personal information will be available (along with the domainname, its commencement and expiry dates and addresses/details of the nameservers for it, and our name).
c. When a name is cancelled itholds a pending release status. During the pending release period of 90 daysfrom date of cancellation, a registrar may fully re-instate the domain name forthe registrant, so that it becomes active again. This means that your personalinformation remains viewable on the Query Service for that 90 day period.Following the 90 day period when your name is released, your personalinformation will no longer be disclosed on the Query Service.
d. To the extent GDPR applies,EU registrants have the right to object to their personal information beingmade available through the Query Service. However, pursuant to Article 21 ofGDPR, DNC maintains that it has compelling legitimate grounds for disclosingthe personal information on the Query Service. This is because without theQuery Service, the integrity of the .nz domain name space would besignificantly undermined.
e. For the avoidance of doubt,by entering into this agreement, you hereby give consent to your personalinformation being made available on the Query Service.
f. To the extent GDPR applies, EU registrants have the right towithdraw their consent under clause 6d. However, any withdrawal of consent iswithout prejudice to DNC’s position that it has a legitimate interest indisclosing the personal information on the Query Service.
g. The IRPO is an optionalfeature available for individuals who are not using the domain name it isapplied to in significant trade. If you are eligible and choose to use IRPO,your telephone number and contact address information will not be disclosed on theQuery Service (“Withheld Data”). If you use your domain name for significanttrade purposes you will not be eligible for the IRPO (see section 8 of .nzOperations and Procedures policy for further details).
h. Despite clause 6g, WithheldData may be released in the following circumstances:
i. Where applications are made by any person, entity ororganisation who have established a legitimate need for the Withheld Data (seesections 22.2-22.22 of .nz Operations and Procedures policy);
ii. Where disclosure is ordered by a court of competent jurisdictionor is required by any other order with the force of law (see sections22.23-22.24 of .nz Operations and Procedures policy);
iii. Where an entity has a Memorandum of Understanding with DNC, suchthat the entity has automatic access, or alternatively streamlined access, tothe Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedurespolicy).
i. To the extent that GDPR applies, EU registrants, who areeligible for the IRPO, have the right to object to Withheld Data beingdisclosed in the circumstances described in clause 6h. However, pursuant toArticle 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or anysubstitute enactment) (and in particular Principle 11) it has compellinglegitimate grounds to disclose Withheld Data on these circumstances.
7. Payment of Fees
a. You agree to pay for theservices we provide for you.
b. If you transfer a domainname registered to you to another registrant or to be managed by anotherregistrar, all charges owing to us shall become immediately due and payable onthe date of that transfer.
c. We may alter our fees fromtime to time. When we alter them we will send you notice of the alteration 30days before the new fee takes effect.
d. Our usual fees are for domainregistration. We may also charge for related provided by us. We will tell youbefore any additional charge is incurred.
e. Our prices are stated in NewZealand dollars and exclude GST.
8. Suspension And Refusal ToSupply Services
a. If you do not pay ourcharges for a domain name registered to you we may:
i. cancel registration of that domain name; or
ii. refuse to provide a service you request.
9. Cancellation of a DomainName If we are going to cancel the registration of a domain name registered toyou as a result of you not paying our charges relating to that registration, wewill give you fourteen days notice before we initiate action to cancel thatdomain name.
10. Exclusion of Liability
a. We exclude all liability wemay have to you for any claim except where we have acted in bad faith. Thisexclusion also applies for the benefit of:
i. InternetNZ, the registry and any other entity we are in anybusiness relationship with;
ii. every officer, employee, contractor, agent of us or any entityin clause 10a i;
iii. anyone else we get to perform our duties under any agreement youhave with us. None of the persons specified above is liable or has to pay youfor anything else in connection with or resulting from anything any of us doesor does not do, or delays in doing, whether or not it is contemplated orauthorised by any agreement you have with us. This exclusion applies whateveryou are claiming for and in whatever way liability might arise. This exclusiondoes not prevent you getting a court order requiring us to do anything we haveagreed to do for you and does not limit any rights you may have under theConsumer Guarantees Act 1993.
11. Limitation of our Liability
a. We have excluded all otherliability we or any of the persons specified in clause 10a may have to you. Ifany of those persons is ever liable to you and, for any reason, cannot rely onthe exclusion of liability set out in clause 10a then this clause applies.Where this clause applies, the maximum combined amount the persons specifiedabove (together) will have to pay you and anyone else who uses the services weprovide for you (together) is the amount of the last month's fee paid by youunder this agreement.
12. Law and JurisdictionApplying to this Agreement
a. Unless we otherwise agree in writing, thisagreement contains all the terms of our relationship and continues to apply nomatter where you are located at the time any of the services are provided orwhere you reside. This will be the case until this agreement is cancelledexcept to the extent clause 16 says otherwise.
b. To the extent legallypermitted:
i. all our services are provided under New Zealand law;
ii. any claim or dispute arising out of or in connection with thisagreement must be instituted within 60 days from the date the relevant servicewas supplied to you;
iii. except as otherwise stated, you may take action against us onlyin a New Zealand court;
iv. where you or any registrant for whom you act supplies incorrectinformation regarding a domain name and we incur cost in any matter concerningthat name then we may recover the costs incurred by us from you.
13. Cancelling the Agreement
a. We may cancel or suspendthis agreement by giving you one month’s notice if you do not meet your dutiesto us.
b. We may end the agreement forany other reason by giving you one month's notice.
14. More Than One Person
a. You are responsible foreverybody who you permit to act for you as a registrant. We will takereasonable care to satisfy ourself that you have permitted those persons to actfor you.
15. Each Clause SeparatelyBinding
a. Each clause of the agreementyou have with us is separately binding. If for any reason we, you, or any ofthe persons specified in clause 14 cannot rely on any clause, all other clausesof it are binding.
16. Rights and Responsibilitiesthat Continue The cancelling of any agreement you have with us does not affectany rights and responsibilities, which are intended to continue or come intoforce afterwards.