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Webhosting – Terms and Conditions

This Agreement details the terms and conditions governing your use of the services made available to you by Marksmen IT Limited, hereinafter called “Marksmen IT” or “We”. Use of this website, or of the products or services offered in this website, or by Marksmen IT represents that you have read and understood these terms and conditions. This represents the whole agreement and understanding between Marksmen IT and the individual, corporation or organisation who subscribes to the Service hereinafter called “Member” or “Members” or “You” or “you”. This document is referred to as the “Agreement”. PLEASE READ THIS AGREEMENT CAREFULLY. Marksmen IT reserves the right to terminate any transaction, service, account or product, should you be found to be in violation of these terms and conditions. Your use or order of any of Marksmen IT’s services constitutes your acceptance and agreement to be bound by these Terms and Conditions, and all other operating rules, policies and procedures which are incorporated by reference and published on the Website by us, each of which may be modified from time to time without notice to you. For the Terms and Conditions, refer to this URL: changes to the contract may be subject to administration fees as determined by Marksmen IT.

Our Commitment and Services

We provides a wide range of web-based services, including website hosting, solutions for business, management and maintenance services, and consultancy services. When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, what you are receiving, and are aware of the charges, limitations, additional charges that may be relevant.

We endeavours to provide reliable, continuous services at all times, however the service cannot be guaranteed to be fault-free and relies on factors outside our control. You agree that the company shall not be liable for any loss for damages arising from interruptions that are caused by reasons other than the negligence of the company. In no event shall the company be liable for any special or consequential damages, loss or injury.

All cases of interruptions will be assessed on an individual basis and recompense for any failure of the Server or associated networks and equipment may be granted at our discretion. If an interruption is caused by the company’s negligence, the liability of the company shall not exceed the amount payable by you for services during the period damages occurred.

We will endeavour to maintain network stability and satisfactory service levels, however we may from time to time perform routine maintenance, and service upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. We may, at our discretion, provide notification of outages whether planned or unplanned. You, the subscriber(s), release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

We are not responsible for the management of your server(s), including, but not limited to, the maintenance, patching, and upgrading of any software where the you do not have a current Managed service. If you require work to be carried out on an Unmanaged Server, you are required to reimburse us at a rate specified by the us and agreed upon by you based on the time required to carry out the work. We may also refuse to carry out any work on unmanaged servers.

We may carry out maintenance for critical security patching, or general maintenance to ensure the reliability of services provided to you. The maintenance will be carried out within the scheduled time frame that you will be notified of.

We may access digital content, including but not limited to files, emails, account settings hosted for you, for the purposes of support, either implicitly or explicitly requested by you.

We reserve the right to change the nature of a plan (speed, data. price) with one month’s written notice.

You are responsible for maintaining adequate backups of your content.

We may provide a backup service for your site, and accept responsibility for any failure or data corruption of the backup data. If you require us to modify or restore your site from backup, we may charge a fee to cover the cost of an engineer’s time.

Subscriber Accounts

We provides a wide range of web-based services, including web hosting, VPS Hosting, Cloud Servers, Dedicated Servers, Email hosting, and co-location which are provided on a subscription, recurring-billing basis. These services will be provided on a subscription basis When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, what you are receiving, and are aware of the charges, limitations, additional charges that may be relevant.

In most cases, we will activate your account within 24 hours after the receipt of payment. In an event of an outage due to circumstances out of our control, we may not be held liable for the delay of account activation. In these circumstances, we will attempt to activate your account as soon as possible.

Promotional Offers

You, the Subscriber(s) for the promotional program, agree to be bound by the terms of these Terms and Conditions, and all other relevant policies for the period of the promotion.

Charges & Payment

All payments are to be made in New Zealand dollars (NZD). All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on our website, or as agreed by quotation, and shall be due and payable in advance of our service provision. Full payment is expected by the due date marked on your invoice. Pricing information will be made available to you through our website.

All accounts and services provided by us are subject to the current GST/VAT tax rate where applicable according to taxes imposed by New Zealand. All our prices are exclusive of Goods and Services Tax (GST) unless stated otherwise.

You, the customer, agrees to pay for any charges incurred by you, or by any use of your account (whether authorised or not).

Term / Termination

Any subscription service you register for will be treated as a fixed, on-going contract. Should you wish to cancel your service, you are required to cancel the account/service by giving a 30-day notice prior to the commencement of a new billing period in order to ensure that a new invoice is not created for the next billing month.

Charges shall be invoiced for payment subsequent to the specified due date, the anniversary date, or placement of an order. Full payment is expected by the due date marked on your invoice.

Failure to make a payment as it falls due may incur a 10% penalty on your account. The accounts contact, as specified on your account, will be notified by e-mail of any overdue invoices and any suspension notices. Failure to pay may result in your account being restricted or suspended without notice to you, and service-related fees will be charged for reinstatement of your account. Such termination or denial of service does not relieve you of any accrued charges and interest. Should we attempt to recover said due sums by means of a debt collection agency, you will be liable for any and all collection costs arising from such action.

Upon termination or cancellation of this agreement or any service provided, no refund or credit shall be deemed payable to you without mutual agreement and all outstanding sums shall remain payable to Marksmen IT, irrespective of the period to which they apply.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

If you breach any of these terms and conditions or those contained within all other policies governing the use of your Marksmen IT Services, we may terminate this Agreement forthwith and without notice.

If inappropriate activity is detected, all accounts of the Customer will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. The customer will not be credited for the time the customer’s machines were suspended.

Should your activity be, in our opinion, detrimental to the performance of the network, or be detrimental in any way to other users of internet services, we may terminate this agreement forthwith and without notice.

Prohibited Conduct

You represent, undertake and warrant to us that you will use the resources allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us
that you will not use the Server in any manner which infringes any law or regulation or
which infringes the rights of any third party, nor will you authorise or permit any other
person to do so.

A non-exclusive list of content and behaviour prohibited by the service is provided in our Acceptable Use Policy found here:

If you breach any of these terms and conditions or those contained within our Acceptable Use Policy, we may without notice, suspend services or terminate this Agreement and shut down all services.

To report prohibited content or behaviour, please send an email to [email protected], and an investigation will be conducted.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and use of the Service is at your own risk. We make no representation and give no warranty as to the accuracy or quality of information received by any person via our Server(s). Marksmen IT, its officers, directors, owners, agents and employees shall in no way be liable for any direct, indirect, incidental or consequential damages, injury, or economic loss resulting from the use of the content or Service or in connection with your website or any other services or products provided to you. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

In no event shall we be held liable for any damages or economic loss, whatsoever, as a result of notifying any official or potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

We are not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. Violation of any of our policies and conditions may result in suspension/termination of the violating service.

Whilst efforts are made to ensure that the website and any scripts or modifications made to the website are free of errors, we do not claim responsibility for any losses attributed with errors relating to this.

We do not check, monitor or vet any information transmitted, distributed or made available through the servers and networks and cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Where a Member or the Member’s client is using the services for life support, life sustaining or other applications in which the failure of such services could reasonably be expected to result in personal injury or loss of life, we will not be held liable, in whole or in part, for any claim or damages arising from such use unless the Member enters into an appropriate separate service agreement detailing and disclosing the details of the application and required service with Marksmen IT.

In relation to Safe Security Updates and Security Plugins for Site Protection under the Managed Hosting Services: Marksmen IT undertakes to use our best efforts to install the updates and plugins. However, we cannot guarantee they will be compatible with existing Site functions, nor that the Site will be free of bugs or security issues after the updates or plug-ins are installed.

We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services in the 6 months prior to the occurrence of the events that are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. If legislation implies any such term, condition, guarantee or warranty into the Agreement, and such legislation does not permit the exclusion or modification of it, our liability for any breach is limited, to the maximum extent permitted by law, and at its option, to re-performing the Services.

Intellectual Property Rights

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

This Agreement does not transfer from us to you any Intellectual property belonging to Marksmen IT, and all rights, titles and interest in and to such property will remain solely with us.

This Agreement does not transfer from you to us any Intellectual property belonging to you, and all rights, titles and interest in and to such property will remain solely with you.


You agree to indemnify and hold us harmless from and against, and to reimburse us with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by us by reason of or arising out of or in connection with:

  • Any breach or non-observance of this Agreement by you or;
  • Any infringement of any copyright, trademark, patent, trade secret or any other intellectual property rights of any party by content on your website or;
  • Illegal, pornographic, or defamatory content on your website.
  • Any fault or failure of, or damage to, any of the Customer’s property located at our or our providers’ premises.

Force Majeure

Without limiting any other provisions of the contract, we shall not be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event. Nothing in this clause shall excuse payment of any money due or which becomes due under the contract. We will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

The rights and obligations of either party which are affected by a force majeure event shall be suspended during the continuance of the force majeure event, and either party claiming to be affected by the force majeure event shall give immediate notice to the other party containing full particulars of the force majeure event. The party giving notice under this clause shall take all reasonable steps to mitigate the effects of the force majeure event and remove such force majeure event provided that neither party shall be required to remove any such force majeure event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.

Business Warranties and Claims

You acknowledge that supply under this contract is a supply for business purposes or your intent was or is to use our services in part or in full for such purpose then you agree, to the extent legally permitted, in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 (“Act”) and accordingly, subject to section 16 the provisions of the Act do not apply to any supply made pursuant to this agreement.

You agree and acknowledge that in no event will we be liable for any property damage, personal injury, direct or consequential loss or damage incurred by you or a third party whether due to defective services and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of Marksmen IT will not exceed the price paid by you for the service in the 6 months prior to the date the event causing loss occurred.

When the Member on-sells the services to Members who purchase the same for business purposes the Member shall contract out of the Act in the same manner as per above. Should the Member fail to do this they will indemnify us against any claim expense or loss suffered by Marksmen IT as a direct or indirect consequence of such failure. No claim shall entitle the Member to withhold payment of any sum due to Marksmen IT under this or any other contract nor shall a claim give any right to set off any payment due to the Member by us.


Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information and is subject to modification from time to time. Changes are effective upon posting and after notifying you of the modified Agreement to this URL:

Reservation of Rights

We reserves the right and sole discretion to:

  • Censor any website hosted on its servers that is deemed inappropriate;
  • Review any account for excessive space or bandwidth utilisation and to suspend Service to those accounts that exceed allowed levels;
  • Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Marksmen IT or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
  • Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that we determine to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
  • Temporarily suspend the Service for technical reasons or to maintain network equipment or facilities, generally without notice, but if such suspension is to last for more than 6 hours we will endeavour to notify you of the reason.
  • We may update the software associated with a Service for many reasons, including but not limited to,
    • (a) to maintain PCI compliance;
    • (b) to fix bugs or problems in previous versions; and/or
    • (c) to enhance functionality or features.
  • Positively publicise the business relationship for marketing and promotional purposes with the other party’s consent, and without disclosing the confidential and commercial terms of it.
  • All ownership and rights to the usage of Internet Protocol addresses, hereafter referred to as IP(s), assigned to you shall belong only to us. We reserves control and the right of ownership over IP’s and may change or remove any such IP Address. All IP allocations are based on the provisions of APNIC (Asia Pacific Network Information Centre) policy governing IP addresses.


Your acceptance of these Terms and Conditions implies consent to receive communications from Marksmen IT, or any party acting on our implicit instruction, relating to the service(s) provisioned for you or ordered by yourself.


Any notice to be given by either party to the other must be sent by email to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and shall unless the contrary is proved be deemed to be received on the day it was sent.


Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Unenforceable Provisions

If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.


No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Resale of our Services

If you are a reseller of any of our services or act as such in on-selling or otherwise providing to another the services we provide for you, you agree:

  • There is no direct relationship between us and your client;
  • You will not refer your customer to us for support services;
  • You will make it clear to your client that you are the contact for all purposes; and
  • That this agreement also applies to your clients.

We only offers support to direct Subscribers and Resellers.

Third party products

At your request and convenience, we may from time to time arrange for your purchase or license of third party software, services and other products not included as part of the Services, and/or may provide support to you in relation to those products.

We make no representation or warranty whatsoever regarding such third party products and related support services and they are provided “as is.”

Your use of third party software, services and other products is governed by the terms of any license or other agreement between you and the third party. These resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

We will not be held liable for any breach of any terms, agreements or contracts between you and the third party.

Unmanaged Virtual Private Servers

Technical support for VPS services is limited to problems relating to the availability of the VPS. we do not offer support for scripts and/or programs running in the VPS.
If you exceed the given bandwidth (data transfer) limit for his/her package, we will invoice you the overage fees based on the current overage rates displayed on the Company’s website.

VPS services must only be used for lawful purposes, any account suspected of breaching the terms and conditions or other related policies will be suspended and investigated. We may terminate services to the account holder, should these alleged breaches be substantiated and may not be held liable for the loss of data due to account termination.


All domain registrations are non-refundable due to registrar policies. We make no representation or warranty whatsoever regarding the services provided by a third party registrar.

Warranty Disclaimer

You agree that your use of Marksmen IT shall be at your sole risk. All services provided by us are available as is, without warranty.


The Customer cannot assign its rights and obligations under any agreement with us without our prior written consent.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersedes any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No explanation or information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Additional Agreements

Where you have entered into a separate service agreement with us, the terms of a Master Service Agreement will take precedence over the terms and conditions in this agreement in the event of a conflict. Any such clauses from these terms and conditions would then be severable, while all other remaining clauses not covered by a separate service agreement remain enforceable.

Our Support Team

Our support team is available during working hours to provide assistance. Every enquiry is attempted to be resolved during the first contact. If the fault is something that the help desk is not able to resolve, we have detailed procedure escalation documents to ensure that the person responsible for that particular device or service is contacted as soon as possible. Any escalated or technical support request will normally be required to be sent by you to our help desk via e-mail or through our control panel online.

This Agreement

These Terms and Conditions, as may be updated from time to time, represents the complete agreement and understanding between us with respect to the Service.