These Terms and Conditions govern the provision of services by HostMidas (“HostMidas”, “we”, “us”, “our”) to you, the customer (“you”, “your”). By submitting an order electronically, you agree to be bound by these Terms and Conditions from the date of your submission.
CLAUSE 1: THESE TERMS
1.1 What These Terms Cover:
These Terms and Conditions govern the provision of services by HostMidas (“HostMidas”, “we”, “us”, “our”) to you, the customer (“you”, “your”). These terms are effective from the date of your electronic submission of an order.
1.2 Why You Should Read Them:
Please read these terms carefully before submitting your order. These terms explain who we are, how we will provide services to you, how the contract may be changed or terminated, what to do if there is a problem, and other important information.
1.3 Amendment of Terms:
HostMidas may, at its sole discretion, modify or update this Agreement and any related policies at any time. We will notify you via email 30 days in advance of any changes to our services. Any changes or modifications will take effect immediately upon notice. Your continued use of our website or services following these changes will constitute your acceptance of the amended Agreement. It is your responsibility to ensure that the email address you provide to us is current. HostMidas accepts no liability for your failure to receive communications if such failure results from an inaccurate or outdated email address.
CLAUSE 2: OUR CONTRACT WITH YOU
2.1 Who We Are:
We are HostMidas, a web services provider based in Hastings, Hawke’s Bay, New Zealand, operating as a sole trader under the New Zealand Business Number (NZBN) 9429052298912. We specialize in offering high-quality web hosting, domain registration, and web design services tailored for small and medium-sized businesses.
2.2 How to Contact Us:
You can contact us via the methods listed on our website at https://hostmidas.nz/contact, by logging into your client area at https://clients.hostmidas.nz and raising a support ticket, or by emailing us directly at support@hostmidas.nz.
2.3 How We May Contact You:
If we need to contact you, we will do so by writing to you at the email address or postal address you provided when placing your order. Please note, we will never ask for your password. If you receive any suspicious communication, please contact us directly through the official email address provided above.
CLAUSE 3: OUR CONTRACT WITH YOU
3.1 How We Will Accept Your Order:
Placing an order on our website does not guarantee acceptance. Our acceptance of your order occurs once you receive confirmation that your order has been fulfilled. At this point, a contract comes into existence between you and HostMidas. Payment must be received in full before any services are provided.
3.2 If We Cannot Accept or Fulfill Your Order:
If we are unable to accept or fulfill your order, we will notify you and refund any payments made. Situations where we may not be able to fulfill your order include, but are not limited to, the unavailability of a desired domain name, a non-standard price imposed by the domain registry, or an inability to transfer a requested domain.
3.3 Account Details:
To access our services, you will need to create an Account. During the order process, you may be assigned a username and password. HostMidas reserves the right to change any username or password assigned to you, and any changes will be communicated to you in writing. You warrant that all information provided to set up and utilize your Account is true, accurate, and complete. You are solely responsible for all activities conducted through your Account, whether authorized by you or not. It is your responsibility to keep your login details secure, and you must notify us immediately of any unauthorized use of your Account or any security breach.
CLAUSE 4: OUR PRODUCTS
4.1: DOMAINS
4.1.1 Domain Registration:
HostMidas makes no representations regarding the availability of a particular domain name requested for registration by you (“Domain”). A Domain will always be registered in or transferred into your name, not HostMidas’. You are responsible for managing your Domain’s WHOIS data through your HostMidas client area at https://clients.hostmidas.nz. It is your responsibility to ensure that all WHOIS data is accurate and up to date. Failure to maintain accurate contact data may result in your Domain being taken offline if it cannot be verified. From time to time, we may change the registrar with whom a Domain is held, at our discretion and without notice. Such changes will not affect your domain name usage.
4.1.2 Designated Agent:
For all applicable gTLDs, you agree that HostMidas will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. You authorize us to approve any changes to the registrant’s details on your behalf.
4.1.3 Checking the Registration/Renewal:
Our role is limited to forwarding your order to the appropriate registry. It is your sole responsibility to ensure that the Domain has been successfully registered, renewed, or transferred as appropriate. HostMidas accepts no liability for any failure to register, renew, or transfer the Domain.
4.1.4 Third-Party Terms and Conditions:
Domain registration is subject to third-party terms and conditions, including those from the relevant registry for the Domain extension. By submitting your order to us, you confirm that you will at all times comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You agree to indemnify HostMidas against any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.
4.1.5 Domain Renewals:
HostMidas will endeavor to automatically renew a Domain on your behalf when it is due for renewal, unless you have given notice in accordance with this Agreement or have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain if no up-to-date payment method has been provided or if you fail to make payment as required.
4.1.6 Detail of Renewal:
Domains will typically be renewed for the same duration as the initial registration period unless you instruct us otherwise in writing or modify the renewal settings in your client area. Renewal will be charged at the prevailing rate at the time of renewal. HostMidas may take payment for Domain renewals up to 7 days prior to the Domain renewal date to ensure timely renewal.
4.1.7 Domain Transfers and Ownership Terms:
Ownership of a registered Domain will be determined by the details held in the WHOIS database. If the WHOIS database details are inconclusive, HostMidas may request additional evidence to ascertain ownership. It is your responsibility to resolve any disputes over ownership with third parties. HostMidas is under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.
4.1.8 Basis of Transfer:
You are solely responsible for completing any steps required to transfer a Domain, including but not limited to changing the Nominet IPSTAG, unlocking the Domain name, providing the Authorization code, and approving a transfer request. You must inform us if you wish to cancel a transfer and request a refund in accordance with our refund policy.
4.1.9 Transfer Restrictions:
You acknowledge that some Domain extensions may incur an additional year of registration charges when transferred. Some Domains have maximum registration periods that may prevent a transfer if the renewal would exceed the registry’s term limit. HostMidas will not initiate a Domain transfer until the order has been placed and fully paid.
4.1.10 Expired Domains:
If a Domain is not renewed by its expiry date, it will cease to operate and will be deemed expired. A registered Domain will expire if HostMidas is unable to take payment via the provided method or if you have set the Domain to expire or fail to manually renew it before the renewal date.
4.1.11 Grace and Redemption Periods:
Following the expiry date, a Domain may enter a grace and/or redemption period depending on the registry’s policies. During the grace period (typically 30 days), you may contact HostMidas to retrieve and renew the Domain by paying the renewal fee in full. If the renewal fee is received within the grace period, ownership of the Domain will be retained, and HostMidas will restore the Domain to your control panel as soon as reasonably practicable.
4.1.12 Post-Grace Period Actions:
If the renewal fee is not received within the grace period, HostMidas may, at its sole discretion:
- Auction the Domain;
- Change the contact details associated with the Domain; and/or
- Transfer the Domain to another party.
If the relevant registry allows for a redemption period after the grace period, and you request to renew the Domain during this period, you agree to pay both the applicable redemption fee(s) and renewal fee(s). HostMidas is not obligated to attempt to renew or recover a Domain during the redemption period unless both fees are paid. We make no guarantee that attempted renewals during the redemption period will be successful.
CLAUSE 4.2: HOSTING
4.2.1 Free Domain Offer:
Some of our hosting packages include a free domain registration or transfer. This offer applies to specific domain extensions (.com, .net, .co.nz, .nz) and may vary from time to time. HostMidas reserves the right to allow or disallow a free registration or transfer at our discretion. All other domain extensions are excluded from this offer and will incur additional costs. Any fee reductions for customers who wish to use a different domain extension must be agreed upon in advance. The registration period is for one year, and future renewals of these domains will incur our regular renewal rates.
4.2.2 Purpose of Services:
Unless explicitly stated otherwise, our services are intended solely for hosting websites and email. Activities such as batch processing, video encoding/transcoding, web crawling/spidering, archiving, online backup systems, or any system usage outside of hosting a website are not permitted on our shared hosting servers. Such tools may only be used with our prior written agreement on a dedicated server. HostMidas reserves the right to take proactive measures to maintain system stability for all clients. We explicitly forbid the hosting of adult content, including adult pornography streaming websites.
4.2.3 Suitability of Hosting Environment:
Some of our packages offer “unlimited” services, meaning we do not actively limit your account on disk space or bandwidth. However, to ensure system stability, resource usage is monitored, and accounts are limited to prevent any one client from affecting others on shared servers. On dedicated servers, your resources are defined by the package you purchase.
4.2.4 “Unlimited” Allowances:
Any “unlimited” allowances are subject to fair use. HostMidas does not permit the use of server resources for backup storage, long-term archiving, or file hosting unrelated to website operations. If your account’s monthly bandwidth or disk space usage is deemed excessive compared to the average usage of other customers, we may advise you to optimize your website, configure a CDN, or upgrade to a bespoke solution. Additional charges may apply accordingly.
For email storage, accounts exceeding 10GB per mailbox may be required to configure their email accounts in an email application (such as Outlook or Thunderbird) and download/store their messages locally to ensure optimal server performance.
4.2.5 Service Needs:
If HostMidas determines that the service you have selected does not meet your needs, we will inform you and recommend a more appropriate service. HostMidas is under no obligation to continue providing hosting services that are inadequate or unsuitable for your requirements. Refusal to cooperate with an account migration request may result in account suspension or termination.
4.2.6 Migration Service:
We offer a free migration service to assist in moving your website from your previous provider to HostMidas. This service is offered on a best-effort basis. While we take reasonable care in moving your site files and data, it is your responsibility to provide suitable access for data retrieval and to verify that the migration was successful. We aim to complete migrations within 72 hours, though we do not guarantee any specific timeframe. In some cases, we may assist with migrating emails, DNS records, and domain names, but we do not guarantee that these will be moved successfully or without interruption.
4.2.7 Changes to the Hosting Environment:
HostMidas reserves the right to change the hosting environment your website operates in. Such changes will be made on a “like for like” basis and should not affect your use of the hosting environment. Any material changes will be communicated to you in writing and will typically be an upgrade to your service. Changes may be made:
- To comply with changes in relevant laws and regulatory requirements;
- To implement minor technical adjustments and improvements, such as addressing a security threat;
- To change server location or provider. While we offer a choice of server locations, your desired location may not always be available, and HostMidas may, at its discretion, move your site to an equivalent location or provider.
4.2.8 CDN and Bandwidth Usage:
In locations where bandwidth prices are high or fluctuate due to connectivity issues, we may require you to use a CDN service provided by HostMidas. A CDN distributes worldwide traffic more efficiently, reducing bandwidth usage and improving page load times. We will assist with CDN setup as needed.
4.2.9 No Guarantee:
HostMidas does not guarantee protection against denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks unless such protection has been specifically offered and agreed upon. If you believe you may be a target of DDoS attacks, we recommend purchasing a DDoS mitigation service from a third-party provider such as Cloudflare.
4.2.10 Service Uptime:
HostMidas guarantees 99.99% network uptime and a 99.5% service uptime SLA, excluding scheduled maintenance, emergency repairs, or circumstances beyond our reasonable control.
Planned maintenance will be communicated to customers in advance, typically via email. In the event of an unexpected issue affecting service uptime, a qualified technician will begin troubleshooting within 30 minutes of notification. If the issue cannot be resolved within this time frame, customers will receive timely updates, including an estimated resolution time.
4.2.11 Backups:
HostMidas performs twice-daily backups of your websites and stores them offsite, typically within the same geographic region as your live server for optimal performance. If you have specific data residency requirements, please contact us to discuss a bespoke solution. Backup services are provided on a best-effort basis, and we do not guarantee the completeness or regularity of backups. It remains your responsibility to maintain your own backups of your website.
4.2.12 Disruption to Services:
HostMidas is not responsible for service disruptions outside our control. We carefully select providers that offer high levels of performance and uptime, but if our service is disrupted by an external event, we will notify you as soon as possible and take steps to minimize the impact. HostMidas is not liable for disruptions caused by events beyond our control, including network or hardware issues upstream of our services.
CLAUSE 5: PROVIDING THE SERVICES
5.1 Service Costs:
The costs of the services will be as displayed on our website at the time of your purchase. All prices are subject to change, and any price changes will be communicated to you before your next billing cycle.
5.2 When We Will Provide the Services:
HostMidas will supply the services to you continuously until the subscription expires, you end the contract as described in Clause 7, or we end the contract by giving written notice to you as described in Clause 9.
5.3 What Will Happen If You Do Not Provide Required Information:
Certain information is necessary for HostMidas to supply the services, as outlined in the sign-up section on our website. If we require further information or need to verify the details you have provided, we may contact you. If you fail to provide this information within a reasonable time or if the information provided is incomplete or incorrect, HostMidas reserves the right to either terminate the contract or charge a reasonable fee to cover any additional work required. HostMidas will not be responsible for delays in service provision caused by your failure to provide the necessary information within a reasonable time.
5.4 Reasons We May Suspend or Disable the Supply of Services:
HostMidas may suspend or disable the supply of services under the following circumstances:
- To address technical issues or make minor technical changes;
- To update the product in compliance with changes in relevant laws and regulatory requirements;
- To make changes to the product as requested by you or notified by us;
- When required by law;
- If you breach any material term of this Agreement;
- To resolve any third-party claims or actions;
- To avoid financial loss or legal liability.
5.5 Your Rights If We Suspend the Supply of Services:
HostMidas will notify you in advance of any suspension of services, unless the issue is urgent or an emergency. If the services are suspended for more than 24 hours in any 7-day period, HostMidas will adjust the price so that you do not pay for services during the suspension, except where the suspension is due to your breach of this Agreement or under conditions outlined in Clause 5.4 (b) to (g). You may choose to terminate the contract if services are suspended or if we notify you of an upcoming suspension lasting more than 120 hours. In such cases, we will refund any sums you have paid in advance for services not provided after the contract ends, except where the suspension is due to your breach of this Agreement.
5.6 We May Also Suspend Supply of the Service If You Do Not Pay:
If you fail to pay for the services when payment is due (see Clause 10.6), HostMidas may suspend the supply of services until full payment is received. We will notify you of the suspension and may charge interest on overdue payments. Once payment is made in accordance with these terms, HostMidas will make reasonable efforts to restore the service within 24 hours.
5.7 Service Suspension:
If your service is suspended or if your account becomes overdue, HostMidas may no longer retain a copy of your data or website. Your website’s IP address may also change. Due to the nature of using global cloud providers, HostMidas will not be responsible for the cost of maintaining your service if you fail to pay your invoices.
CLAUSE 6: YOUR OBLIGATIONS UNDER THE CONTRACT
6.1 You Are Responsible for the Content on Your Account:
As a customer of HostMidas, you are responsible for all scripts, data, and other content on your account. Abusive scripts, which interfere with our systems, affect the accounts of other customers, cause harm to any computer system or user, or engage in any type of fraudulent activity, are strictly prohibited. Any account found to be the source of abusive scripts will be immediately suspended and investigated. HostMidas will take appropriate action as detailed under “Illegal Content” below and will cooperate fully with the authorities when necessary.
6.2 You Must Not Use the Service for Transmission of Illegal Material:
You agree not to upload, transmit, or receive any materials through your hosting service that may be deemed offensive, abusive, indecent, defamatory, obscene, menacing, or otherwise prohibited by law in New Zealand, in the jurisdiction of the server location, or in any other relevant jurisdiction. It is your sole responsibility to ensure compliance with all applicable laws. The storage, distribution, or transmission of illegal materials may result in investigation and prosecution by the relevant authorities. In particular, you must not:
- Gain or attempt to gain unauthorized access to any computer systems for any purpose, which may lead to criminal prosecution under applicable laws.
- Send data to the internet using forged addresses or data designed to adversely affect remote machines, including but not limited to denial-of-service (DDoS) attacks, worms, viruses, trojans, and ping storms.
- Configure local PCs or network-connected servers to allow open relay or participate in the sending of unsolicited bulk email (“spam”, “UBE”, “UCE”).
- Run “port scanning” or other software intended to probe, scan, test the vulnerability of, or access remote systems or networks unless you have express permission from the remote user. HostMidas may request evidence of such permission.
- Distribute material that breaches copyright, intellectual property rights, confidence, privacy, or other rights. If you are unsure about the legality of your actions, you should seek independent legal advice.
6.3 Prohibited Activities and Content:
The following activities and content are strictly prohibited on your site:
- Operating open proxy servers under any circumstances, which will result in immediate termination of service.
- Hosting or distributing “hateful” material or content that incites hate.
- Hosting or distributing images, videos, depictions, or descriptions of pornography that are unlawful or deemed distasteful at the sole discretion of HostMidas.
- Hosting or distributing “warez”, copyrighted music/videos, or links to such content. It is your sole responsibility to ensure you have the rights to distribute any content displayed on your website.
- Hosting or distributing content that does not conform to recognized international copyright laws.
6.4 Registration of Domain Names:
You are responsible for ensuring that the registration of a domain name, and its use, does not infringe upon any third-party rights, including intellectual property rights. The registration must not be made in bad faith or be considered an abusive registration under the dispute resolution procedures or policies of any relevant registry or ICANN. You consent to HostMidas making your registration details available to third parties, including ICANN, the applicable registry, law enforcement, and governmental bodies as required by law.
6.5 Transferring Domain Ownership:
If you transfer ownership of a registered domain to another person or register a domain on behalf of another person (the “Transferee”), you agree to ensure that the Transferee agrees in writing to be bound by the terms of this Agreement upon our request. HostMidas will not transfer ownership of a domain until all fees attributable to the services associated with the account have been paid in full.
6.6 Trademark/Brand Infringement Complaints:
In the event that HostMidas receives a complaint regarding trademark or brand infringement, we reserve the right to place a domain on hold. We will take this action if we receive a decision from a Domain Dispute Resolution service or a settlement agreement between the parties involved. Renewal payments must still be made to HostMidas during this period.
6.7 Registrar Hold:
If HostMidas receives documentation that matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. The domain will remain locked until we are satisfied that the dispute between the parties has been resolved, with appropriate documentation provided to prove this resolution.
6.8 Legal Compliance:
HostMidas undertakes to comply with any action required under New Zealand law and will fully cooperate with the appropriate authorities.
CLAUSE 7: ACCEPTABLE EMAIL USAGE
7.1 Email Service Provision:
HostMidas provides the ability to send emails using SMTP for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system to prevent abuse.
7.2 Zero-Tolerance Policy on Spam:
HostMidas has a zero-tolerance policy against spam. The sending of bulk, unsolicited emails is strictly prohibited at all times. If a customer abuses the email service, they will be notified that their behavior is unacceptable. HostMidas reserves the right to suspend, terminate, or block the accounts of customers who violate this policy.
7.3 Customer Obligations:
By purchasing and using HostMidas services, you agree to the following:
- 7.3.1 Not to send emails that may cause annoyance, inconvenience, or anxiety to the recipient.
- 7.3.2 Not to send emails that are likely to cause distress or contain material that is offensive, indecent, obscene, menacing, or unlawful.
- 7.3.3 To include a clear opt-out mechanism in all newsletter communications.
- 7.3.4 Not to use HostMidas’ mail services or network to send emails to users who have indicated that they do not wish to receive them.
- 7.3.5 Not to use HostMidas’ mail services or network to send unsolicited emails, whether in bulk (commonly known as “spam”) or individually.
- 7.3.6 Not to use HostMidas’ mail services or network with the intent to deprive others of service (“mail bombing”).
- 7.3.7 Not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
- 7.3.8 Not to use any email address that you are not authorized to use.
- 7.3.9 To ensure that any email servers you operate and connect to the HostMidas network are not configured to allow “open relay.”
- 7.3.10 To take full responsibility for your own email reputation, including ensuring that your email practices do not negatively impact HostMidas or other users.
- 7.3.11 Not to take any action that would put you or HostMidas in breach of obligations under applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR).
CLAUSE 8: ACCEPTABLE WEB USAGE
8.1 Scope of Web Usage:
Web usage includes the use of web space provided with client accounts, web hosting on our servers, and the use of web services and space on dedicated servers. HostMidas does not actively monitor the content hosted on any web space maintained by customers, whether on shared or dedicated servers. As such, HostMidas bears no responsibility for the content of your website.
8.2 Responsibility for Content:
It is your sole responsibility to ensure that all content and materials on any website owned or operated by you are either created by you or used with proper permission. HostMidas will not be held responsible for any content that infringes upon copyright, intellectual property rights, or any other rights.
8.3 Copyright and Intellectual Property Disputes:
You are solely responsible for resolving any disputes related to copyright or intellectual property rights associated with your website or web service. You agree to indemnify HostMidas against all costs, including legal fees, associated with defending any claim against us by any third party regarding your use of copyrighted material or intellectual property rights on a global scale.
8.4 Prohibited Content:
You must not use your website or web service to promote or distribute any material or content that is illegal under the laws of New Zealand or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global network, and content that may be legal in New Zealand could be illegal elsewhere, potentially exposing you to prosecution in other countries.
8.5 Adult Content:
Legal adult content, as defined by New Zealand law, is allowed on our servers. However, you must inform HostMidas in advance of placing any order if you intend to host such content. We will host your site on a separate IP address to prevent any SEO implications for other clients. If you are located outside of New Zealand and intend to upload adult content of any type, you must contact us before placing your order. HostMidas reserves the right to decline service at its absolute discretion.
8.6 Investigation and Removal of Content:
HostMidas reserves the right to investigate the content hosted on its servers if potential abuse or illegal activity is brought to our attention. We may remove any web page or suspend services at any time and for any reason, particularly if the content is found to be abusive, illegal, or otherwise in violation of these Terms of Service. Any accounts found to be in breach of these terms will be subject to immediate termination.
CLAUSE 9: YOUR RIGHTS TO END THE CONTRACT
9.1 Ending Your Contract with Us as a Standard Service User:
You may terminate your contract with HostMidas by canceling the service in advance of the renewal date (by 11:59 PM NZT on the day before the renewal is due) through the client area at https://clients.hostmidas.nz. You may also raise a support ticket with us up to 24 hours before the renewal date to request cancellation.
9.2 Ending Your Contract with Us as a Dedicated Server User:
If you are using a dedicated server, you can terminate your contract with HostMidas by providing written notice of termination at least 24 hours in advance of the next billing date.
9.3 Refunds of Prepaid Months:
HostMidas offers competitive pricing, with significant discounts for prepayments. If you cancel your service before the end of your prepaid term, you will not be entitled to a refund for any unused portion of the prepaid period.
9.4 Faulty or Misdescribed Services:
If the services you have paid for are faulty or misdescribed, you may have a legal right to end the contract, request the service to be re-performed, or receive a refund. You must inform HostMidas in writing, detailing why you believe the services are faulty or misdescribed. We will respond to your complaint within 28 days of receipt and inform you whether a refund will be administered.
9.5 Money-Back Guarantee for Change of Mind:
If you change your mind about a product or service, HostMidas offers a money-back guarantee. You must notify us of your decision to cancel within the following periods to receive a full refund, minus any domain registration fees, which are non-refundable. This guarantee does not apply to domain name registrations, renewals, transfers, or bespoke dedicated servers:
- Shared Hosting: 30 days
- Reseller Hosting: 30 days
- Dedicated Servers: 7 days
9.6 Inappropriate or Illegal Activity:
If your account is found to contain illegal activity, such as illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in account termination, and no refunds will be issued, including under the money-back guarantee outlined in Clause 9.5.
9.7 Processing of Refunds:
Any refund that is due will be processed within 7 working days of receiving your cancellation request.
9.8 Consumer Rights and Refunds:
In accordance with New Zealand consumer law, customers may be entitled to a refund if a product or service is faulty, not as described, or unfit for purpose under the Consumer Guarantees Act 1993. However, we do not offer refunds simply for changing your mind.
For digital products and services, once access has been granted or usage has begun, refunds may not be applicable unless required by consumer protection laws.
CLAUSE 10: HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell Us You Want to End the Contract:
To end your contract with HostMidas, please log in to your client area at https://clients.hostmidas.nz. Once logged in, view the product you wish to cancel, and then raise a cancellation request. Please provide the reason for your cancellation in the appropriate field. If you qualify for a refund under the money-back guarantee as outlined in Clause 9.5 above, please mention this in the cancellation notes.
CLAUSE 11: OUR RIGHTS TO END THE CONTRACT
11.1 We May End the Contract If You Break It:
HostMidas reserves the right to terminate the contract at any time by providing written notice if:
- 11.1.1 You do not make any payment to us when it is due.
- 11.1.2 You do not, within a reasonable time after we request it, provide the information necessary for us to deliver the services.
11.2 You Must Compensate Us If You Break the Contract:
If HostMidas ends the contract in the situations described in Clause 11.1, we will refund any money you have paid in advance for services that have not been provided. However, we may deduct or charge reasonable compensation for the net costs incurred as a result of your breach of contract.
11.3 We May Withdraw the Services:
HostMidas may decide to stop providing the services. If this happens, we will notify you at least 30 days in advance. We will refund any sums you have paid in advance for services that will not be provided after the withdrawal date.
CLAUSE 12: PRICE AND PAYMENT
12.1 Where to Find the Price for the Service:
The price of the service will be as indicated on the order pages when you place your order. HostMidas takes all reasonable care to ensure that the price provided to you is correct. Where GST is applicable (based on your location and the services you order), it will be detailed during the order process. However, please see Clause 12.3 for what happens if we discover an error in the price of the service you ordered.
12.2 We Will Pass on Changes in the Rate of GST:
If the rate of GST changes between your order date and the date we supply the service, we will adjust the GST rate you pay unless you have already paid for the service in full before the change takes effect.
12.3 Changes in the Price:
HostMidas reserves the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the address you provided when registering your account. Typically, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price change will take effect at the end of the current term and upon renewal.
12.4 What Happens If We Get the Price Wrong?
Despite our best efforts, it is possible that you may be quoted an incorrect price for our service. If the correct price is lower than the stated amount, we will adjust the price and refund any difference to you. If the correct price at the time of your order is higher than the price stated, we will contact you for instructions before we accept your order.
12.5 When You Must Pay and How You Must Pay:
Payments can be made using most major credit and debit cards or by bank transfer. Payment is due at the time you place your order unless otherwise specified. You warrant that you are authorized to make payments using the payment method provided. If you are not the named cardholder, you will indemnify HostMidas for any costs incurred if the cardholder or issuer declines the transaction, including the costs of recovering the outstanding amount.
12.6 Chargebacks:
If a chargeback is incorrectly made against your account, HostMidas reserves the right to suspend and/or terminate your account until reimbursement is made. A $80 NZD administration fee will be charged in such cases.
12.7 Payment Due at Time of Order:
You agree to pay all amounts due for services at the time you order them. All payments are non-refundable unless otherwise stated in Clause 9 above.
12.8 Invoices Will Be Sent in Advance of Payment Due:
Invoices will be sent to the email address you provided when registering your account. You can view your email history and all invoices by logging into the client area at https://clients.hostmidas.nz.
12.9 We Can Charge Interest If You Pay Late:
If you do not make any payment by the due date, HostMidas may charge interest on the overdue amount at a rate of 4% per year above the base lending rate of the Reserve Bank of New Zealand. Interest will accrue daily from the due date until the date of actual payment, whether before or after judgment. You must pay interest along with the overdue amount.
12.10 What to Do If You Think an Invoice Is Wrong:
If you believe an invoice is incorrect, please contact us promptly to let us know. You will not have to pay interest on the disputed amount until the matter is resolved. Once the dispute is resolved, we will charge interest on any correctly invoiced sums from the original due date.
CLAUSE 13: OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Our Responsibility for Foreseeable Loss and Damage:
HostMidas is responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failure to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, such as if it was discussed during the sales process.
13.2 Liability Where It Is Unlawful to Exclude or Limit:
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
13.3 No Responsibility for Certain Types of Damages:
HostMidas shall not be responsible for any claimed damages, including incidental and consequential damages, arising from our servers going offline or being unavailable for any reason whatsoever. Additionally, we are not responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of our servers, loss of service, or any costs incurred due to a configuration or service issue related to our services. All damages shall be limited to the immediate termination of service.
13.4 No Liability for Business Losses:
If you use our products or services for any commercial, business, or resale purpose, HostMidas will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Limit of Liability:
Except where you are acting as a consumer within the meaning of the New Zealand Consumer Guarantees Act 1993, our aggregate liability shall be limited to twice the fees paid by you for the services related to your claim during the 12-month period prior to the claim.
CLAUSE 14: HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How We May Use Your Personal Information:
HostMidas will only use your personal information as set out in our Privacy Policy. Please review our Privacy Policy for detailed information on how we collect, use, store, and protect your personal data.
CLAUSE 15: OTHER IMPORTANT TERMS
15.1 We May Transfer This Agreement to Someone Else:
HostMidas may transfer our rights and obligations under these terms to another organization. If we plan to do this, we will contact you to inform you of the transfer. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of being notified, and we will refund any payments you have made in advance for any complete month of service not provided.
15.2 You Need Our Consent to Transfer Your Rights to Someone Else:
You may only transfer your rights or obligations under these terms to another person if HostMidas agrees to this in writing. Transfer requests can be made via a support ticket in the client area at https://clients.hostmidas.nz.
15.3 Nobody Else Has Any Rights Under This Contract:
This contract is between you and HostMidas. No other person shall have any rights to enforce any of its terms.
15.4 If a Court Finds Part of This Contract Illegal, the Rest Will Continue in Force:
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even If We Delay in Enforcing This Contract, We Can Still Enforce It Later:
If HostMidas does not insist immediately that you do something you are required to do under these terms, or if we delay in taking steps against you regarding a breach of this contract, this does not mean that you are excused from those obligations. It will not prevent us from taking action against you at a later date. For example, if you miss a payment and we do not pursue it immediately but continue to provide the services, we can still require you to make the payment at a later date.
15.6 Which Laws Apply to This Contract and Where You May Bring Legal Proceedings:
These terms are governed by the laws of New Zealand. You can bring legal proceedings in respect of the products or services in the courts of New Zealand.