SiteHost Policy

Terms and Conditions

This Agreement details the terms and conditions governing your use of the services made available to you by SiteTech Solutions trading as SiteHost, hereinafter called "SiteHost", “the company” or "We". Use of this website, or of the products or services offered in this website and/or by SiteHost, represents that you have read and understood these terms and conditions. These terms and conditions, together with any other relevant policies represent the whole agreement and understanding between SiteHost and the individual, corporation or organisation who subscribes to the Service, hereinafter called "Member" or "Members", or “the Customer”, or "You" or "you". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. SiteHost 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 SiteHost’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. These may be modified from time to time without notice to you, provided such changes are minor and either beneficial or of no significant impact on you. However, we may provide 30 days notice before implementing any change that we consider may be detrimental to you. For the Terms and Conditions, refer to this URL: https://sitehost.nz/about/policies-compliance/terms-and-conditions.  

SiteHost’s Commitment and Services

SiteHost 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, and what you are receiving. It is also your responsibility to be aware of the charges, limitations, additional charges that may be relevant, and specific limitations which may apply. 

SiteHost endeavours to provide reliable, continuous services at all times, however the service cannot be guaranteed to be fault-free and relies on factors outside the control of SiteHost. You agree that the company shall not be liable for any loss or damages arising from interruptions with causes 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 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. 

Where the Customer does not have a current managed service, the Company is not responsible for the management of a Customer’s server, including, but not limited to, the maintenance, patching, and upgrading of any software. If you require work to be carried out on an unmanaged server, you are required to reimburse the Company at a rate specified by the Company and agreed upon by you based on the time required to carry out the work. The Company may also refuse to carry out any work on unmanaged servers. 

SiteHost 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 of which you will be notified. 

SiteHost 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. 

Each party gives the other its consent to positively publicise the business relationship for marketing and promotional purposes, but without disclosing the confidential and commercial terms of it.  

We retain the right to refuse service to anyone at any time. We reserve the right to change the nature of a plan (speed, data, price) with one month’s written notice. 

Uptime Guarantee

The following service levels apply. 

  • Network uptime – 99.99%

  • Server uptime – 99.99%

  • Datacentre availability: 100%

  • Colocation: 99.99%

  • Cloud services: 99.99%

  • Dedicated Servers: 99.99%

  • VPS servers: 99.99%

  • Shared hosting: 99.99%

  • Domain names: 99.99%

The service levels stated above will be compared to the server availability as a whole, not to individual client accounts. 

If availability is below the guaranteed level, SiteHost will grant an appropriate refund after the Customer has provided the following: 

  • Client ID.

  • Service name. 

  • Evidence of downtime. 

  • Amount claimed.

The refund will only be granted for the downtime of the applicable service, and not any other service the company provides for the Customer. The Customer must notify SiteHost of the availability downtime by emailing account@sitehost.co.nz within 21 days from the date the incident occurred. Any requests after this period will not be considered. 

The appropriate refunds will be issued if the service availability level falls below the guaranteed target stated below. 

Service Level Calculations

If your service availability for the full calendar month is below SiteHost’s guaranteed service target, we will provide the following appropriate refunds:

  • 99.99%–99.9% - 10% off next month’s applicable service 

  • 99.9%–99.7% - 15% off next month’s applicable service

  • 99.7%–99.1% - 20% off next month’s applicable service

  • 99.1%–90.0% - 30% off next month’s applicable service

  • Below 90% - 50% off next month’s applicable service

The maximum total penalty of the refund shall not exceed 50% of the monthly fees charged to that account during the month for which the refund is to be issued. 

The Customer shall not be entitled to any credit if the network downtime is caused by actions of the Customer or others authorised by the Customer to use the service under the Agreement. 

Service

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

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, SiteHost may not be held liable for the delay of account activation. In these circumstances, SiteHost will attempt to activate your account as soon as possible.

Promotional Offers

If you participate in any promotional program we offer, you 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. All charges payable by you 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. Charges shall be debited automatically from the Members nominated credit card and/or invoiced for payment subsequent to the specified due date, the anniversary date, or placement of an order. 

All accounts and services provided by SiteHost are subject to the current 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, agree to pay for any charges incurred by you, or by any use of your account (whether authorised or not).

Customer Costs 

The Customer must provide and pay for any other equipment needed to access the Service at their own cost, and agrees that SiteHost will not provide software or advice as to how to use the service without payment, for any consultancy service. 

The Customer will be liable for all fees and expenses incurred by any security breach, attack or customer error that involves the customer's hardware, software, or network configuration.

Modifications  

Any changes or modifications requested to your subscribed services may be subject to administration fees as determined by SiteHost. 

Overdue Accounts

Failure to make payment by the due date may incur a 10% penalty on your account. Further failure to pay your account may result in your account being restricted, suspended or terminated without further notice to you. Service-related fees will be charged for reinstatement of your account, and you will remain liable for 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. 

You, the customer, agree that if your account is referred to a debt collection agency, they may default your account and report the default to credit reporting agencies. 

Term

In general any subscription  service will be treated as a fixed, on-going contract. This means the service will continue until it is actively cancelled in accordance with the Termination clause in this Agreement. 

This clause does not apply to fixed term services governed by a separate agreement. In those cases the terms of the separate fixed term agreement will apply. As outlined in the Additional Agreements clause below all other clauses in this Agreement remain enforceable. 

Termination 

Should you wish to cancel your service, you are required to give at least 30 days’ notice subject to the end of any term contract, following which, your account will be suspended at the end of the service period which you have paid up for. No refund for unused subscription is available. 

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 SiteHost 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. Inappropriate activity is any activity that is prohibited in the SiteHost Acceptable Use Policy. 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 the opinion of SiteHost, 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

In accordance with SiteHost’s Acceptable Use Policy, customers found engaging in any of the prohibited conduct may have their account(s) suspended. 

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: sitehost.nz/about/policies-compliance/acceptable-use-policy.

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 abuse@sitehost.co.nz, 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. SiteHost makes no representations and gives no warranties as to the accuracy or quality of information received by any person via our Server(s). SiteHost, 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 SiteHost be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on websites hosted on our servers, 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.

SiteHost is 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, SiteHost does not claim responsibility for any losses attributed with errors relating to this.

SiteHost does 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 Customer or the Customer’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, SiteHost will not be held liable, in whole or in part, for any claim or damages arising from such use unless the customer has entered into an appropriate separate service agreement disclosing all the details of the application with SiteHost. 

SiteHost 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 which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year 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, SiteHost’s liability for any breach is limited, to the maximum extent permitted by law, and at its option, to: 

  1. replacing the Goods; or 

  2. repairing the Goods; 

  3. 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 SiteHost to you any Intellectual property belonging to SiteHost. All rights, titles and interest in and to such property will remain solely with SiteHost.

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

Indemnification

You agree to indemnify and hold SiteHost harmless from and against, and to reimburse SiteHost with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, or costs of investigation) of every nature whatsoever incurred by SiteHost 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, or defamatory content on your website.

  • Any fault or failure of, or damage to, any of the Customer’s property located at SiteHost’s premises. 

Force Majeure

Without limiting any other provisions of the Agreement, neither SiteHost nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the Agreement 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 Agreement for any service provided. SiteHost 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, labour disputes, or other similar events beyond our control that may prevent or delay of service provisioning (in this clause, a “force majeure event”).

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. 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

The Customer acknowledges that supply under this Agreement is a supply for business purposes, or that your intent was or is to use our services in part or in full for such purpose.  Acknowledgement of this means 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. 

The Customer agrees and acknowledges that in no event will SiteHost be liable for any property damage, personal injury, indirect or consequential loss or damage incurred by the Customer or a third party whether due to defective goods or services and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of SiteHost will not exceed the purchase price paid by the Customer for the goods or service. When the Customer on-sells the goods to customers who purchase the same for business purposes the Customer shall contract out of the Act in the same manner as per above. Should the Customer fail to do this the Customer will indemnify SiteHost against any claim expense or loss suffered by the Seller as a direct or indirect consequence of such failure. No claim shall entitle the Customer to withhold payment of any sum due to SiteHost under this Agreement or any other agreement nor shall a claim give any right to set off any payment due to the Customer by us.

Privacy

The SiteHost 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 of the modified policy to this URL: https://sitehost.nz/about/policies-compliance/privacy-policy. Email newsletters will only be sent directly from SiteHost and Member information is not disclosed or sold to any third parties.

Reservation of Rights

SiteHost 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 an account for non-payment of fees or providing fraudulent account information or fraudulent payment information;

  • Terminate any account if the contents of that account’s website(s) results in, or are the subject of, legal action or threatened legal action, against SiteHost 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 emailing (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 SiteHost determines to be harmful to its other customers, operations or reputation; or for any breach of this Agreement;

  • SiteHost 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.

  • All Internet Protocol addresses, hereafter referred to as IP(s), assigned to you shall belong only to SiteHost, we hold all ownership and rights to the usage of IPs. SiteHost reserves the right to change or remove any such IP addresses at any time. Asia Pacific IP allocations are based on the provisions of APNIC (Asia Pacific Network Information Centre) policy governing IP addresses. Other region IP allocations will be governed by that respective region’s policies governing IP addresses where applicable.

Communications

Your acceptance of these Terms and Conditions implies consent to receive communications from SiteHost, or any party acting on the implicit instruction of SiteHost, relating to the Service(s) provisioned for you or ordered by yourself. Email communications will be made to the relevant account contacts as configured for the relevant Service via SiteHost systems. Authorised contacts accessing SiteHost systems are responsible for ensuring consent for communications by any contact added to our systems. No responsibility is taken for any contact added erroneously or via abuse of the SiteHost systems. 

Notices

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

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.

Waiver

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.

API Usage

By using any SiteHost provided API you agree:

  • SiteHost may suspend or terminate your access to the SiteHost API, or change any or all of the SiteHost API, protocols or methods of access to SiteHost API or SiteHost API Specifications for any or no reason and is not liable to you for such decision.

  • You shall not interfere or attempt to interfere in any manner with the proper workings of the SiteHost API.

  • SiteHost may, in its sole discretion, set a quota of operations on your SiteHost API usage. You shall not attempt to exceed automated use-quota restrictions. You shall not attempt to aggregate your use or representation of SiteHost accounts primarily for the purpose of manipulating your SiteHost API use-quotas.

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

  • this Agreement also applies to your clients.

SiteHost only offers support to direct Customers who subscribe to our services, we do not offer support to the end users of resellers.

Third party products

At your request and convenience, SiteHost 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.

SiteHost makes 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. 

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

Virtual Private Servers  

Technical support for VPS services is limited to problems relating to the availability of the VPS. SiteHost does not offer support for scripts and/or programs running in the VPS.

If you exceed your given bandwidth (data transfer) limit, SiteHost 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. SiteHost 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. 

Domains

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

Warranty Disclaimer

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

Assignment

The Customer cannot assign its rights and obligations under any agreement with SiteHost without the prior written consent of SiteHost, which will not be unreasonably withheld. 

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.

SiteHost Support Team

Help desk staff are available 8am to 5pm, Monday to Friday. The first point of contact is email, but if there is an urgent requirement our engineers are on call 24/7. Please note that call out fees will likely be charged where after hours support is provided.

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 email or through our control panel online. 

PCI Compliance 

Where supported SiteHost is responsible for providing and maintaining compliant hosting platforms. This makes it easier for you to become PCI compliant, however it is your sole responsibility for ensuring your website or application is actually PCI compliant. SiteHost will not check or verify your website to ensure it is PCI compliant. 

This Agreement

These Terms and Conditions, as may be updated from time to time and posted at https://sitehost.nz/about/policies-compliance/terms-and-conditions represent the complete agreement and understanding between us with respect to the Service.

Updated 30 September 2025 

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