Terms and Conditions

Hosting Harbour – Terms & Conditions

    (Operated by Quentosity Limited, NZBN 9429030586215, trading as Hosting Harbour)

    1. Introduction & Definitions

      1.1 About Us
      Hosting Harbour is a web hosting service operated by Quentosity Limited (“we”, “us”, “our”). Our principal place of business is in New Zealand.

      1.2 Definitions
      In this Agreement:

      • “Customer” or “you” means the person or organisation purchasing our hosting services.

      • “Services” means website hosting, storage, and related technical services provided by Hosting Harbour.

      • “Account” means the Customer’s registered account with Hosting Harbour for access to the Services.

      1.3 Governing Law
      This Agreement is governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts.

      2. Scope of Services

        2.1 We provide web hosting services including storage, bandwidth, server access, and related tools.

        2.2 We do not create, design, or develop websites. Any website design or build services are provided by third parties and are outside the scope of these Terms.

        2.3 We may offer additional features such as SSL certificates, backups, or email accounts, as specified in your plan.

        2.4 Service limitations: We may place limits on storage, bandwidth, or processing resources as set out in your plan.

        3. Eligibility

          3.1 You must be at least 18 years of age, or have legal capacity to enter into this Agreement.

          3.2 If you are entering into this Agreement on behalf of an organisation, you confirm that you have authority to bind that organisation.

          4. Account Creation & Customer Responsibility

            4.1 You must provide accurate and complete information when creating your Account and keep this information up to date.

            4.2 You are responsible for keeping your login credentials secure and for all activity under your Account.

            4.3 You must notify us immediately of any unauthorised access to your Account.

            5. Hosting Service Terms

              5.1 Server Location – Our servers are located in New Zealand and/or in offshore data centres globally. By using our Services, you consent to your data being hosted in these locations.

              5.2 Fair Use Policy – You must not use the Services for:

              • Hosting or distributing spam, malware, or illegal content;

              • Activities prohibited under New Zealand law;

              • Excessive consumption of resources that affects other customers.

              5.3 Uptime – We aim to provide [e.g., “99.9% uptime”] but do not guarantee uninterrupted or error-free service.

              5.4 Backups – We may perform periodic backups, but you are responsible for maintaining your own up-to-date copies of your website and data.

              5.5 We may suspend or limit your service if your usage exceeds the fair use limits or breaches these Terms.

              6. Website Content & Intellectual Property

                6.1 You retain all rights to the content you upload to our servers.

                6.2 You grant us a non-exclusive licence to store, transmit, and display your content solely to provide the Services.

                6.3 You are responsible for ensuring your content complies with New Zealand law, including the Harmful Digital Communications Act 2015 and the Copyright Act 1994.

                6.4 We may remove or disable access to any content we believe breaches these Terms or applicable law.

                7. Domains (if applicable)

                  7.1 If you register a domain name through us, you must also agree to the applicable Domain Registration Agreement of our registrar partner.

                  7.2 You are responsible for ensuring your domain renewals are processed before expiry.

                  7.3 We are not responsible for any loss arising from a domain name expiring or being transferred.

                  8. Fees & Payment Terms

                    8.1 Fees for the Services are set out on our website or in your plan confirmation.

                    8.2 Fees are payable in advance for each billing cycle.

                    8.3 Overdue accounts may be suspended until payment is received. We may charge a late payment fee of $50 per 7 days.

                    8.4 Fees are non-refundable except where required by New Zealand consumer law.

                    9. Support & Maintenance

                      9.1 Support is available during our published support hours via [ticket/email/phone].

                      9.2 Support covers hosting-related technical issues. Work outside of standard support (such as website content changes or code debugging) may be charged at our standard hourly rate.

                      9.3 We aim to respond to support requests within [insert target response time], but response times are not guaranteed.

                      10. Privacy & Data Protection

                        10.1 We comply with the New Zealand Privacy Act 2020.

                        10.2 We collect and store personal information to provide and improve our Services. Our Privacy Policy explains how we handle this information.

                        10.3 If your data is hosted offshore, it may be subject to the laws of that jurisdiction.

                        11. Termination & Suspension

                          11.1 We may suspend or terminate your Account if:

                          • You fail to pay fees when due;

                          • You breach these Terms or applicable law;

                          • Your use of the Services poses a security or legal risk.

                          11.2 You may cancel your Account at any time by giving one months notice.

                          • You must satisfy any minimum term agreement entered into

                          11.3 Upon termination, we may delete all data from our servers after 25 days.

                          12. Liability & Disclaimers

                            12.1 To the maximum extent permitted by law, we exclude all warranties, conditions, and guarantees not expressly stated in these Terms.

                            12.2 We are not liable for any indirect or consequential loss, including loss of profits, revenue, data, or business.

                            12.3 Our total liability to you in any 12-month period is limited to the total fees you have paid us for the Services in that period.

                            13. Indemnity

                              13.1 You agree to indemnify us against all claims, costs, damages, and expenses arising from your breach of these Terms or your unlawful use of the Services.

                              14. Changes to Terms

                                14.1 We may amend these Terms at any time by posting the updated version on our website.

                                14.2 If changes materially affect your rights, we will notify you by email at least 30 days before the changes take effect.

                                15. Governing Law & Dispute Resolution

                                  15.1 These Terms are governed by the laws of New Zealand.

                                  15.2 If a dispute arises, both parties will first attempt to resolve it through good faith discussions. If unresolved, the dispute will be referred to mediation before court action is taken.

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