This Agreement applies to all www.igor.co.nz customers.

1. Client Responsibilities
   1. You must notify us immediately if any of your billing details change.
   2. You will not display any web page which contains illegal content or offensive material.
   3. Where e-mail services are provided you agree to remove your e-mail from our mail server promptly and to keep the space used by your files on our system to one megabyte or below. We reserve the right to remove without notice e-mail data inexcess of one megabyte.
   4. If allocated a password by www.igor.co.nz to enable you to use the specific Services. You:
      1. must advise us as soon as you become aware of any misuse or breach of security in relation to the Password;
      2. and will be liable for any use (authorised or unauthorised) of the Services by any person using the Password, including any charges associated with that use.

2. www.igor.co.nz Responsibilities
   1. We will strive to provide reliable and high quality Services 24 hours a day all year round. We are, however, unable to guarantee that our Services will be uninterrupted or fault free.
   2. In the event of an interruption in the Services that is caused by a fault in our servers, we will take all reasonable measures to restore the Services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the Services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
   3. We aim to deliver your email to the destination to which it is addressed whenever this is reasonably possible.
   4. We will not be liable for the loss or removal of any data from our servers that relates to you. You must ensure adequate backups are made of your data. Assistance can be provided if required.

3. Domain names
   1. You will retain ownership of any domain name which you use in connection with the Services and which is registered in your name with any domain name registry. Where we agree to register a domain name with any domain name registry on your behalf, we do so as your agent. You are responsible for complying with any terms and conditions imposed by the relevant domain name registry, including payment of registration charges (unless we have entered into an alterative arrangement with you).

4. Privacy
   1. You may ask to see information that www.igor.co.nz holds about you (where that information is being held in such a way that it can be readily retrieved) and to take reasonable steps to correct any errors.
   2. www.igor.co.nz will not use information that we hold about you without first taking reasonable steps to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, complete and accurate.
   3. Pursuant to Privacy Principle 11, we may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think that it is necessary to help maintain the law.

5. Charges and payment
   1. You will pay any invoice/statement within 14 days of receipt of invoice/statement (unless we agree otherwise).
   2. If you believe that a mistake has been made on your account, you must notify us before the due date for payment.
   3. We reserve the right to back-bill you for any Services provided. You are responsible for paying charges for Services, even if the charges were in error omitted from your prior account(s).
   4. You will be liable for any fees or expenses which we reasonably incur in collecting overdue amounts from you, including collection agent fees, legal expenses and all bank charges in relation to dishonoured cheques.
   5. We may change our charges from time to time. We will provide you with at least 10 days notice of any changes by writing to you at your email address (or to such other address as may be agreed by us).
   6. In the event of non-payment www.igor.co.nz reserves the right to disconnect any services provided if a satisfactory date of payment cannot be established.
   7. In the event of service disconnection a reconnect fee of $100 + gst will apply over and above the outstanding amount and must be paid along with any monies owned BEFORE services will be reconnected.

6. Our indemnity
   1. Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, cost, damage or expense resulting from any claim made against us by any third party as a direct result of your use of the Services, including material that is generated or disseminated by you through using the Services.

7. Our liability
   1. To the extent allowable by law, we will not be liable for any special, indirect or consequential loss or loss of profits, including any loss incurred by you as result of lost or corrupted data.
   2. Our maximum liability to you in respect of the Services will be a maximum of $200 for any event or series of events.
   3. Except as expressly stated, this agreement does not confer any rights on third parties and to the extent allowable at law we will not, under this agreement, be liable in any way to any third parties.
   4. This exclusion does not affect any of your legal rights including those you may have under the Consumer Guarantees Act 1993. You agree that the Consumer Guarantees Act will not apply if you are using or holding yourself out as using the Services for the purposes of a business.

8. Ending the Services
   1. You may terminate your Agreement with us by notifying us by post, by fax or email at igor@igor.co.nz. The effective date of termination will be the last day in the then current Billing Period.
   2. We may terminate this Agreement at any time if you do not pay our charges or meet your responsibilities under this Agreement. We may end this Agreement for any other reason by giving at least 28 days notice in writing.
   3. On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.

9. General
   1. Amendments. We may vary this Agreement at any time. We will do this by giving you written notice of such changes, which will be sent to your email address (or to such other address as may be agreed by us) at least 5 days before the changes take effect.
   2. Transfer of rights. We may transfer our rights and obligations under this Agreement. If we do this then we will give you notice. You may not transfer any of your rights or obligation under this Agreement.
   3. Whole agreement. This Agreement contains the whole agreement between us for the provision of the Services, and any previous agreement is revoked by this Agreement.
   4. Severance. If for any reason any term of this Agreement cannot be enforced or relied upon, all other terms of this Agreement shall remain valid and binding.

10. Definitions
    1. "Services" means any services offered by www.igor.co.nz, including any web site development, web hosting, ftp access or e-mail services.
    2. "us" , "we" and "our" means www.igor.co.nz.
    3. "you" means the person(s) named as the account holder and (if applicable) the co-account holder, both jointly and severally.

Last updated 26 April 2000