last updated 2/12/2007

This Service Agreement (this "Agreement") defines the terms and conditions of use of intelliServe   ("INTELLISERVE"). Services ("Services") included but not limited to are; website hosting, website design, domain managemen, ecommerce services such as intelliShop and mobile text services.

To open and hold an account with INTELLISERVE you ("the Customer") confirm you are 18 years of age and you must read and agree to be bound by all the terms and conditions of this Agreement. This agreement will become effective when accepted by INTELLISERVE, who may from time to time, modify the terms and conditions of this Agreement and/or the prices of it's services, as well discontinue or change the services offered at any time. By continuing to use these services you are accepting any such changes made to the agreement which will be available for viewing at http://terms.intelliserve.co.nz

1.1 This agreement defines the terms and conditions of the services provided by INTELLISERVE used by the Customer. INTELLISERVE will provide the Services requested by the Customer in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

1.2 As part of the Services, INTELLISERVE may provide the Customer with a secure username and password for authentication which will be used to access a web based control panel to manage there services. The Customer agrees to keep such details confidential.

1.3 The Customer is responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Materials") to the hosted website(s) or services, the Customer hereby warrants that all Materials shall be owned or properly licensed by the Customer and shall not adversely impact the Services or violate any rights of any third parties. The Customer is responsible for ensuring that all Materials will function properly and as intended. The Customer is responsible for all activity originating from the Customers hosted website(s). The Customer assumes responsibility for all links to other websites or material linked or referenced-to, from the Customers website(s). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. The Customer must possess the necessary knowledge to create, modify and maintain the Customers website(s). INTELLISERVE assumes no responsibility to provide the Customer with such knowledge. 

1.4 During the period that INTELLISERVE provides the Services to the Customer, the Customer hereby grants to INTELLISERVE a nonexclusive, royalty-free, worldwide right and license to digitally display and host the Customer’s website(s) and its content, to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services. 

The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this acceptable use policy, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is the Customer's responsibility to be aware of the Laws that apply to the use of the Services and to ensure compliance with such Laws. INTELLISERVE will cooperate with all court orders, subpoenas, and other similar government requests ordering INTELLISERVE to disclose information about use of the Services. Any such occurrences either knowingly or unknowingly that incur legal action or repercussions of any other variant will be the sole responsibility of the Customer, INTELLISERVE will be exempt in all cases if such issues arise.

2.1 The Services shall not be used to post, transmit, re-transmit or store material which, in the judgment of INTELLISERVE:

2.1.1 Violates New Zealand, foreign or international Law; Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person"). In addition to the other requirements of this acceptable use policy, the Services may be used only in a manner that in INTELLISERVE'S sole discretion is consistent with the purposes of such Services. If the Customer is unsure of whether any contemplated use or action is permitted, he should seek to contact INTELLISERVE in the first instance for clarification.

2.2 By way of example, and not limitation, uses described below are expressly prohibited:

2.2.1 Deceptive or fraudulent practices. Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any person, persons or company entity, whether a Customer, INTELLISERVE or otherwise, in its use or enjoyment of any INTELLISERVE Services.

2.2.2 System and Network: The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs to interfere, disrupt, or deny service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks). Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.

2.2.3 Email: Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers. Sending unsolicited mail messages, including the sending of "junk mail", SPAM or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship. INTELLISERVE reserves the right to determine in its sole discretion the definition of what constitutes SPAM. Harassment including, but not limited to, through language, frequency or size of messages. Unauthorized use, or forging, of mail header information. Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies. Creating or forwarding "chain letters" or other email "schemes" of any type. Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list. INTELLISERVE stricky requires all emails sent to comply with the New Zealand Unsolicited Electronic Messages Act 2007

2.2.4 Adult Material: Any service  which delivers in any form adult content including but not limited to photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes. Hyperlinks to sites who violate this policy. If the Customer is unsure of whether any use or action is permitted, he should seek to contact INTELLISERVE in the first instance for clarification.

2.2.5 Miscellaneous: The Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks. The Customer must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Services.  The Customer is responsible for all content or information residing on, obtained or transmitted via the Services

2.3 At all times INTELLISERVE will have the authority to remove content deemed not to apply with the terms and conditions without warning.

INTELLISERVE's liability (including, for purpose of this paragraph only and of its employees, agents or representatives), to the Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or the provision of Services under this Agreement (including, without limitation, maintenance and support) shall be limited to the amount of fees paid by the Customer to INTELLISERVE under this Agreement within one year preceding the date the Customer contends its claim arose. In no event shall INTELLISERVE be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if INTELLISERVE has been advised of, or is aware of, the possibility of such damages.

The Customer agrees to defend by counsel reasonably accepted by INTELLISERVE, protect and hold INTELLISERVE harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable solicitors and consultants fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Services provided INTELLISERVE to you.

5. Disclaimer of warranties.
INTELLISERVE specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by INTELLISERVE , or information on hosting.wellthoughtout.com, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligation.

We understand that sometimes monthly accounts can not easily be paid. Please keep us informed if you are having difficulty meeting the payments, we are happy to arrange a payment plan to help you.

6.1. 30 Day-Money Back Guarantee. INTELLISERVE offers a 30 day money back guarantee to all customers when they add their first website hosting account service.  All additional website hosting accounts that are added under a customer account will not be subject to the 30 day money back guarantee. If you do not feel INTELLISERVE has delivered the business you expected, you may terminate this agreement within the first 30 days from your initial order date, and receive a refund of the monthly fee and shall exclude, without limitation the refund of any setup fees, payment processing costs, software purchases, or promotional discounts, etc.. To receive the refund, you must terminate your Services by emailing support@intelliserve.co.nz or using our online helpdesk found at http://support.intelliserve.co.nz and discontinue use of the Services. INTELLISERVE must receive this notice within the first 20 day period of the Services start date. The Customer must also agree to provide INTELLISERVE with a valid description of why they are not satisfied with the service provided.

6.2. INTELLISERVE will send an email notice of fee increases 30 days before such increases take effect. A listing of current fees can be found throughout the website  www.intelliserve.co.nz

6.3. The Customer agrees to provide INTELLISERVE with accurate and complete billing information, including the Customer’s legal name, address, telephone number, e-mail address and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services. The Customer acknowledges that INTELLISERVE will bill the Customers given credit card prior to the monthly payment interval as determined by the chosen plan. The Customer authorises automatic billing by INTELLISERVE on an on-going basis during the term of this Agreement. If the Customer wishes to cancel the Services, the Customer must do so prior to the next due date to avoid being charged for additional month(s) of Services.

6.4. Delinquent accounts are those that remain unpaid at the beginning of the next payment interval. The Services will be suspended if the Customers account is delinquent for 30 days. Notwithstanding any other rights INTELLISERVE may have in this Agreement, the Customers website(s) content will be destroyed if the account is delinquent for 60 days. INTELLISERVE accounts continue to accrue charges while they are delinquent or if the Services are suspended.

6.5 Accounts 30 days overdue will receive a statement and an email or letter requesting payment and $15 plus GST administration will be charged. $15 plus GST will be charged every 30 days until payment has been received.

6.6 Accounts 90 days overdue will be liable to pay interest on the unpaid overdue amount of 3% every 30 days.  Interest shall accrue on a daily basis on the amount remaining unpaid until payment is received. Interest that has accured over the prior month will be invoiced on the 1st of following month. Payments received by the Customer shall be credited first againest any interest accrued.

6.7 The Customer shall be liable to pay all related costs (including legal costs such as a solicitor or lawyer) incurred by INTELLISERVE in relation to the Customers failure to make due payment.

6.8 INTELLISERVE at any time without assigning any reason may refuse to extend credit to the Customer.

6.9 Creditcard payment is not available for payment of invoices that discount has been applied to for "website development". In such case that credit card payment has been made, The Customer will incurr the creditcard processing costs of 3.5% charged to INTELLISERVE for payment. Creditcard payment is accepted when discounts are given for domain names and website hosting only.

7.1 INTELLISERVE reserves the right to suspend or terminate Services to the Customer and remove or prevent access to any material from the Customer’s website(s) at any time, without prior notice or liability, for any conduct that INTELLISERVE , in its sole discretion, believes violates this Agreement or is otherwise harmful to INTELLISERVE 's interests or the interests of other account holders.

7.2 The Customer can terminate any Services as long as it does not breach an existing contract or term. 30 days prior to it's next billing cycle is requried. The Customers account will not be closed until complete final payment has been processed by INTELLISERVE. Until full account settlement the Customer may contiune to be charged any late fees, interest or service charges.