Definition of Terms
"RealBiz", "us", "we"
and "our" means RealBiz.
"System" means the computer system, programming
and communication facilities required by RealBiz for
the operation of it's web hosting service.
"Service" means the web hosting provided by
RealBiz to customers subscribing for that web hosting.
"Client ", "Customer" and "You"
means the party or parties who enters into this agreement
Website Development Service Scope
RealBiz owns the exclusive rights to the template base
used for development of clients websites and grants
a non-exclusive license for use of these templates.
Upon termination of the working agreement the client
may request a copy of their website inclusive of the
license to continue using the template base owned by
We will endeavour to create your website using Your
chosen template and the content provided by You, in
accordance with Your wishes.
Upon completing a draft version of the website design,
we will present this to You to be reviewed online. The
draft version will be deemed to be approved by You,
unless you notify Realbiz otherwise in writing within
We will complete quality assurance checks and browser
compatibility checks for Internet Explorer (Version
6 and later) and Mozilla Firefox. Extensive testing
on various platforms is not a part of the standard service
and total compliance with all technical and software
environments is not a guarantee.
Within thirty days of when your approved website has
been published, we will correct any error found on the
website pages where the error is a result of our failure
to convert correctly Your submitted content word for
word. These corrections will be made free of charge.
Terms of payment
In consideration of RealBiz providing you with the
service, you agree to payment as follows:
Payment for hosting shall be six monthly in advance.
You shall pay on invoice the amount owed within 7 days
of the date of issue of the invoice.
If collection for payment is unsuccessful, you will
have 5 working days from notification by us of the unsuccessful
collection to make payment, after which your account
will be suspended.
Realbiz reserves the right to include an acknowledgement
that the website design was completed by us, including
a link to its website, in small type at the bottom of
each website page of Your website.
Web Hosting Service scope
RealBiz reserves the right to modify, enhance and withdraw
the service and alter policies and service guidelines.
Validity of the agreement
Either party may terminate the agreement on 7 working
days' written notice to the other party.
RealBiz reserves the right to cease immediately without
liability (other than the refund of unearned prepaid
service fees) to provide the service and to terminate
this agreement if you should go into liquidation or
bankruptcy, or if you fail to meet any obligation in
accordance with this agreement subject to our terms
or usage policy.
Assignment and Delegation
We may assign or transfer our rights and responsibilities
under this contract to another party.
We may also subcontract the performance of any of our
responsibilities under this contract to another party.
You may not assign or transfer any of your rights or
responsibilities under this contract to anyone else
without our prior written consent.
You agree, for the purposes of this contract and the
performance of our obligations to you, that we may collect
information about you. The information we collect about
you may be obtained from you and others. We may obtain
information about you when the services offered to you
are used, either by you or anyone else.
You may decide not to provide any information sought
from you. If you do not provide it then we may not be
able to provide our services to you.
We may use the information we hold about you and may
exchange information about you with our contractors,
agents and representatives, with other carriers, and
with credit reporting and debt collection agencies for
the purposes of our business.
You may obtain access to, and correct, any information
held by us under the Privacy Act 1993.
You agree that RealBiz will not be liable for any indirect
or consequential damages, including but not limited
to loss of profits or for any claim made on the client
by any other party, even though RealBiz may have been
notified of such damage or claims.
We shall not be liable to you for any loss or damage
directly or indirectly arising out of or in connection
with any delay in delivery of the goods or failure to
perform its obligations under this Agreement where such
delay is caused directly or indirectly by an act of
God, armed conflict, labour dispute, civil commotion,
intervention of a government, inability to obtain labour,
materials or manufacturing facilities, accidents, interruptions
of, or delay in, transportation or any other cause beyond
You agree to defend, indemnify and hold us harmless
from and against any and all claims, losses, liabilities
and expenses (including attorneys' fees) related to
or arising out of the services provided by us to you
under this Agreement, including without limitation claims
made by third parties (including your customers) related
to any false advertising claims, liability claims for
products or services sold by you, claims for patent,
copyright or trademark infringement, claims due to disruption
or malfunction of services provided hereunder, or for
any content submitted by you for publication by us.
Due to the public nature of the Internet, all material
submitted by you for publication will be considered
publicly accessible. RealBiz does not screen in advance
customer material submitted to RealBiz for publication.
RealBiz' publication of material submitted by customers
does not create any express or implied approval by RealBiz
of such material, nor does it indicate that such material
complies with the terms of this agreement.
The Consumer Guarantees Act 1993 may apply to any services
we provide to you if you acquire these services for
personal, domestic or household use. If this act applies,
all rights you may have under it apply in addition to
the rights you may have in this agreement. Nothing in
this agreement will limit or exclude your rights under
Where you acquire or hold yourself out as acquiring
our services for the purpose of a business, then you
agree that the provisions of the Consumers Guarantee
Act 1993 will not apply to our service or the provision
of any other services to you.
This agreement shall be deemed to be an agreement made
in New Zealand and shall be subject to, governed by
and interpreted in accordance with the laws of New Zealand.
Web Site Content
All RealBiz services may be used for lawful purposes
only. We prohibit transmission, storage, or presentation
of any information, data or material in violation of
any New Zealand or United States law. This includes
copyrighted material, threatening or obscene content,
pornography and sex-related selling. Pirated software,
illegal MP3s, hacking programmes and 'warez' sites are
prohibited on RealBiz servers. Similarly, sites that
promote any illegal activity or content that may be
damaging to our servers (or any other server on the
Internet) are prohibited on RealBiz servers. Links to
such materials are also prohibited. Sites or customers
selling or promoting bulk email services or any 'spamming'
services are prohibited on RealBiz servers. Libellous
or slanderous material is prohibited on RealBiz servers.
The customer agrees to indemnify and hold RealBiz harmless
from any claims resulting from use of the service that
damages the subscriber or any other party. We will be
the sole arbiter as to what constitutes a violation
of this provision.
RealBiz shall not be liable for any damages suffered
by any user of these services, nor be liable for any
claims or damages whatsoever or howsoever caused, including
without limitations to property damage, loss of profits,
interruption of business, intellectual property infringement,
personal injury, or for any special, consequential or
incidental damages, whether arising out of the client's
inability to use the service, breaching of warranty,
contract, liability or otherwise.
Services are provided by RealBiz on an 'as is, as available'
basis. RealBiz specifically disclaims any other warranty,
express or implied, including any warranty of merchantability
or fitness for a particular purpose. In no event shall
RealBiz be liable for any consequential, indirect, special
or incidental damages, even if RealBiz has been advised
by the customer of the possibility of such potential
loss or damage. If RealBiz' service to customers is
disrupted or malfunctions for any reason, RealBiz shall
not be responsible for losses of income due to disruption
of service, beyond the fees paid by the customer to
RealBiz for services, during the period of disruption
RealBiz is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider its customers may utilise.
RealBiz does not represent or warrant that customers
will receive continual and uninterrupted service during
the term of this agreement. In no event shall RealBiz
be liable to customers for any damages resulting from
or related to any failure or delay of RealBiz to provide
service under this agreement.
Notwithstanding anything herein contained or implied
no employee, agent or director of RealBiz will be liable
to the customer for any breach of duty or care in contract,
tort, equity or otherwise in relation to the performance
of obligations under this contract or in relation to
the subject matter of this contract.
This agreement shall become effective on the date
of your agreement with us for the service.
You shall be deemed to have read this agreement and
agree to be bound by this agreement. This agreement
shall supersede all proposals or prior agreements, oral
or written, and all other communications between the
parties relating to the subject matter of this agreement.
If, for any reason, any provisions of this contract
cannot be enforced or relied on be either of us, all
other terms of our contract with you remain binding.
Failure by any party to enforce any right or obligation
with respect to any matter arising in connection with
this contract shall not constitute a waiver as to that
matter or any other matter either then or in the future.
Any waiver of any right or obligation under this contract
shall only be of any force and effect if such waiver
is in writing and is expressly stated to be a waiver
of a specified right or obligation under this contract.