Terms & Conditions

Updated: December 2012:

Thanks for your interest in our website and our services. We believe passionately in being fair and transparent in business and want to assure you that we are friendly people to deal with. We will work hard for you on your project, every step of the way.

The Terms and Conditions outlined on this page incorporate those implemented by us and those directed by any third party Service Provider / Partner that we may work with. The primary reason for them is to present a clear agreement of what is expected of our customers, and what our customers can expect of us, while using any of our products and services.

In order to use any of our products / services, all customers must read and agree to abide by the Terms and Conditions outlined herein. Although some of the Ts & Cs detailed may not apply to you (depending upon what products / services you are using), use of any product / service constitutes acceptance and agreement to the terms and conditions specified.

Occasionally, we may need to amend or update any aspect of the Ts & Cs on this page. When we do, we will update the “updated: date” at the top of this page. Continued use of said services constitutes your continued acceptance and compliance with any and all of the terms and conditions herein.

Have a question about something here? We are just a phone call or email away to discuss any of your concerns.

Terms and Conditions Contents

1. Definitions

2. General Website Policy

3. Terms of Service & Acceptable Usage Policy (all products)

4. Domain Names

5. Other Products & Services

 

 

1. Definitions

Client / Customer / You / Your = The party or parties who enter into this Agreement with PDD.

PDD / Purple Dog / Us / Provider / Our / We = Purple Dog Design Ltd (PDD) of PO Box 323, Oneroa, Waiheke, Auckland, New Zealand, or any third party service provider, supplier, agent or official either working on our behalf, working in association with us, or providing services to You on our behalf.

Hosting / Web Hosting = The storage of website and other files that will be accessed via the internet.

Content = Textual, graphical, audio or like materials, together with any software, which can be uploaded or downloaded to or from the web.

Services = The services outlined in this agreement, performed by Us for You.

Term / The Period = The agreed time length of this contract.

Pricing / Fees = The charges (excluding GST) payable by You.

Intellectual Property Rights = Patents, Trade Marks, registered designs, applications of any of the above, copyright and other similar protected rights in any country.

Our Web Site = www.purpledogdesign.com and / or any other domain(s) officially associated with or derivative of this.

Service Agreement = A written service agreement of any service, in a form prescribed by PDD.

Third-Party Service Provider and/or Third Party / Partner = Any third party service provider or contractor on whom PDD depends for the provision of any Service or part thereof or whose service, license, approval or fulfilment or certain obligations to PDD will affect PDD’s provision of a service or part of a service.

Your Account = Your information and/or the Services You have paid to receive from us.

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2. General Website Policy

2.1 Privacy & Personal Information

In general, you can visit this site without telling us who you are or giving us personal information. There are times when we may need information from you, such as to process an order or to correspond. We may supplement this information to complete a transaction or to provide better service.

2.11 Uses of your information

• When you place an order / service request with Purple Dog, we, or specific service partners where required, may use your information in the fulfilment of these.
• From time to time, we may contact you in connection with certain transactions, or to inform you about certain events that may have an impact upon your services (e.g. scheduled maintenance on your hosting server).
• For marketing purposes – e.g. our newsletter to inform you of any important and other news.
• In an non-identifiable format for analysis (e.g., cookies).
• On display, where agreed by you, in the public areas of the site, for example testimonials.
• At all other times, your information is held in the strictest of confidence.

2.12 Your choices

• If at any time, you wish to be removed from our newsletter or public areas of our site, you may request that and we will respect your wishes.

2.2 General Disclaimer & Limit of Liability

By accessing this website, you agree that Purple Dog and those officially recognised as associated to or party to this website cannot be held responsible for any error, omission, fault or inaccuracy and shall not be liable for any loss or damage howsoever caused to you or any third party.

2.3 Faithful Representation

All photographs and descriptions of products & services are provided in good faith. Whilst we try very hard to faithfully represent the product that we have described, the actual product or service may vary to some degree from those depicted on the website.

2.4 Copyright

Unless stated, all content on this website is © 2013 Purple Dog Design Ltd and may not be copied, distributed, linked to, represented or used in any way unless specific agreement has been given in writing.

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3. Terms of Service & Acceptable Usage Policy

This applies to: All services including website hosting

3.1 Agreement

The following agreement is between PDD and You. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement. This agreement may be enforced in association with other Standard Policies and Terms of Service.

WHEREAS, PDD provides web site hosting services on its servers, (or on servers of 3rd party suppliers that PDD partners with), offering storage and transfer of documents and other information over the Internet;

WHEREAS, Client seeks to use these services for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, PDD can make no guarantee that any given party shall be able to access the server made available by PDD at any given time. PDD represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;

In consideration of the mutual promises contained herein, the parties agree as follows;

3.2 General

This document is intended to provide a basic understanding of PDD’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of PDD’s Acceptable Use Policy:

• Ensure reliable service to our customers
• Ensure security / privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

PDD intends to provide its customers access to everything the Internet has to offer. While PDD is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both PDD and the Internet and cannot be permitted under the guise of free speech. The resources of PDD and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records or where you have requested us to do so (e.g. to provide technical support). However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use Your site to publish material, which PDD determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a PDD account is used to violate the Acceptable Use Policy or our Terms of Service, we reserve the right to terminate Your service without notice.

We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

3.3 Acceptable Usage Policy

The following constitute violations of Our AUP:

3.3.1 Illegal use: PDD’s services may not be used for illegal purposes, or in support of illegal activities. PDD reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

3.3.2 Harm to minors: Use of the PDD’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3.3.21 Threats: Use of the PDD’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3.3.3 Harassment: Use of the PDD’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

3.3.31 Fraudulent activity: Use of PDD’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

3.3.4 Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

3.3.5 Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the PDD’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending PDD account. Such messages may only be sent to those who have explicitly requested it (i.e. they have subscribed to Your mailing list or have bought something from You, or made an enquiry to Your business via email in the last 2 years).

3.3.6 E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending PDD account.

3.3.7 E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the PDD’s service is in violation of this AUP.

3.3.8 Usenet SPAMing: PDD has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

3.3.9 Unauthorized access: Use of the PDD’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PDD’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending PDD account is subject to immediate termination.

3.3.10 Copyright, Intellectual Property or Trademark Infringement: Use of the PDD’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, intellectual property, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material / software, the digitization and distribution of photographs from magazines, books, or other copyrighted sources.

3.3.11 Torrents: Hosting any kind of torrent service(s) is prohibited.

3.3.12 Collection of personal data: Use of the PDD’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is expressly prohibited and the offending PDD account is subject to immediate termination.

3.3.13 Network disruptions and unfriendly activity: Use of the PDD’s service for any activity which affects the ability of other people or systems to use PDD’s Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user.

Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions.

A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.

PDD will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

3.3.14 System Resources: Any one site found to be utilizing in excess of 5% of the system resources at any given time shall be suspended. Web hosting accounts are not to be used for storage purposes. We reserve the right to terminate such account if we see fit.

3.3.15 Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

3.3.16 Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

3.3.17 Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

3.3.18 Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using PDD’s services could result in suspension service.

3.3.19 Third Party Accountability: PDD’s subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

3.3.20 Violation of PDD’s Services: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC related services. Accounts found hosting this material will be subject to immediate cancellation without refund.

3.3.21 IRC networks: IRC in any form is strictly prohibited on our network, unless otherwise stated.

3.3.22 Game Servers: At this time we do not allow game server hosting on our network.

3.4 Security

You are responsible for any misuse of Your account, even if the inappropriate activity was committed by a Client, friend, family member, guest or employee.

Therefore, You must take steps to ensure that others do not gain unauthorized access to Your account. In addition, You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for You, logging into or making use of a server or account You are not expressly authorized to access, or probing the security of other networks.

Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with any service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to Overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability. PDD will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

3.5 Network Performance

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of PDD’s systems or networks. PDD reserves the right to terminate or limit such activities.

If the server we provide to You for Your use has network downtime, You may be able to receive a pro-rated refund up to or equal of one month of service. Network downtime does not include planned maintenance. Approval of the credit is at the discretion of PDD dependant upon justification provided. The uptime of a server is defined as the reported uptime by the server’s operating system. To request a credit, please submit a request by email.

3.6 Force Majeure

PDD shall not be responsible for failure to fulfil its commitments in this Agreement if such failure is due to any circumstances outside its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet or telecommunications systems or similar.

3.7 Disclaimer of Liability

PDD shall not be liable, under any circumstances and whether in contract or otherwise, for:

a) Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by You as a result of Your failure in whole or in part to comply with any of these terms and conditions.

b) Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by You for any reason as a result of our failure to fulfil our commitments under this Agreement in circumstances where the failure is due in whole or in part to any cause or event outside the reasonable control of PDD.

c) Any indirect or consequential costs, losses, expenses and/or damages including but not limited to loss of profits, caused by any failure on the part of PDD to perform its commitments under this Agreement.

d) Any third party claims and/or third party costs, losses, expenses and/or damages whether brought against PDD or You and which relate to Your site. Further You agree to fully indemnify PDD, it’s employees, agents, third party suppliers, owners and directors against all such third party claims, costs, losses, expenses and/or damages, including any reasonable legal costs of and incidental to PDD (and/or it’s employees, owners and directors) defending themselves.

e) Any amount by way of claim not otherwise excluded above, which exceeds in total an amount equal to 12 months fees paid by You for the Services.

f) PDD is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise.

g) PDD does not represent or warrant to the Client that the Client will receive continual and uninterrupted, error free and virus free Service during the term of this Agreement.

3.8 Assignment

We may assign or transfer our rights and responsibilities under this Agreement to someone else. We will give You notice by email in advance if we intend to do this.

We may also subcontract the performance of any of our responsibilities under this Agreement to anyone else.

You may not assign or transfer any of Your rights or responsibilities under this Agreement to anyone else without our prior written consent from Us.

3. 9 Billing and Overdue Accounts

Payments to PDD are on a subscription basis, rebilling will occur on the anniversary date of the subscription. Where applicable, PDD will automatically attempt to deduct the payment on the due date.

All invoices must be paid on or before the due date, failure to do so may result in suspension or termination of the Clients account at PDD. It is the Client’s responsibility to know when the invoice is due, and to pay it by the due date. If a Client holds multiple services with PDD, this is considered a single account, and all services may be suspended due to an overdue invoice.

Any invoice that is overdue for 14 days or more may, at PDD’s discretion, incur additional late fees. If PDD fails to collect Clients debt at 30 days or more past the invoice due date, we reserve the right to pass the account over to a third party (either a collections agency or other legal agency) for further action. All costs incurred through such debt collection processes are billable to the Client.

3.10 Disconnections

In the event of a breach of PDD’s AUP by abuse or non-payment, the customer may, at PDD’s discretion, be required to pay a reconnection fee.

3.11 Data Integrity

You use at Your own risk. While we do perform regular backups, PDD is not responsible for files and/or data residing on Your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PDD’s servers. Where PDD has provided web design services, once the site has gone live, and all payments have been made from You to Us, You are considered the owner of the site and files.

3.12 Account Cancellations

All account cancellations must be submitted 14 days before the next billing cycle. Failure to do so may result in service being billed for an additional cycle.

Cancellations must be submitted via email, failure to do so will result in the cancellation not being processed. Cancellation requests must also include the domain name associated with the account. You may be contacted shortly after the submission of Your cancellation request, You must respond to complete the cancellation process.

3.13 Agreement and Variation of Agreement

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.

We may amend the AUP and / or the TOS or other related Policy at any time. This will vary our Agreement with You. When we do this we will send a notification of the amendment by e-mail. The amendments we make will apply on the date specified on the notice. We will interpret Your ongoing use of our Services after that date as constituting Your acceptance of the amendments.

If You do not agree to the amendments, You may notify us by email requesting termination of the Agreement. In this instance, refunds are at our sole discretion.

Unless we otherwise agree in writing, these terms and conditions contain all the terms of our relationship for the services specified and continue to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled. To the extent legally permitted:

(a) All our services are provided under New Zealand law;

(b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;

(c) Where You supply incorrect information and we incur cost in any matter concerning that name then we may recover the costs incurred by Us from You.

We may end or modify this agreement for any reason by giving you notice via email to the address you have stipulated to us.

We reserve the right to modify, enhance and withdraw our services at any time. In the event of any change, we will notify You by email giving notice of the change(s).

Unless inconsistent with the context, words signifying any one gender includes the others, words signifying the singular includes the plural and vice versa and words signifying natural persons includes artificial persons and vice versa.

This agreement constitutes the sole and entire agreement between the parties. Should any provision of this agreement be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.

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4. Domain Name Terms and Conditions

This information gives you, a summary of your rights and responsibilities. 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.

4.1 Parties

The “customer” can be referred to as the “Name Holder”. This is a person or party who wishes to obtain a domain name.

Purple Dog Design Limited (hereinafter referred to as PDD) acts as the Registrar Agent. Our role is that of an agent acting for you at the Registrar who in turn act for you at the Registry.

By accepting these Terms and Conditions, you also accept the Terms and Conditions of our third party suppliers in their role as Registrar.

4.2 Terms of Agreement

You must establish at law your rights to own and use the domain name. In particular you must satisfy yourself that no trademark or other intellectual property rights of third parties will be infringed. When a domain name in the Generic Top Level Domain (gTLD) domain name space is registered to you, or in your name as directed by you, you agree:

a) That the following information becomes available to any member of the public:

your name; your contact details; and the domain name, its commencement and expiry dates and address/details of the nameservers for it, and our name.

b) The domain name is registered in your name only because no other person has it according to the records of the register; and

c) Neither we nor anybody else is representing anything else to anybody regarding the domain name. The entry of a domain name in the “who is” database shall not be taken as evidence of anything other than such registration; and

d) That you protect and fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

4.3 Payments

As consideration for PDD’s domain name registration, administration, and renewal services, you agree to pay PDD, upon submission of your domain name application, renewal application, or registrar transfer application to PDD, the then-current fees set forth in the PDD price schedule (available on our website) for such services.

Your domain name application, renewal application, or registrar transfer request may not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.

Once payment has been received, PDD will apply for and maintain your domain name for you. You must pay to PDD the annual renewal fee. Payments can be accepted by bank transfer, and Visa, MasterCard or American Express credit card (via Paypal).

All fees must be paid on time and in advance to PDD, otherwise, this may result in your domain name and services associated with it being removed from the Internet and/or PDD ceasing to provide its services to you.

All fees are non-refundable (except for our inability to register your domain as specified in 4.4 below), in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to PDD as the entity that has paid the registration, renewal or transfer fee for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then current reinstatement fee, currently set at $100.00.

PDD reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

4.4 Domain Name Application & Registration

PDD cannot guarantee that due to circumstances beyond our control, your requested domain name will be assigned to you.

In the event that your domain name registration is not processed successfully, we will refund your Credit Card / bank account for all fees charged – or apply a credit to your account (as preferred by you).

We will attempt to register the domain name on your behalf and enter your chosen contact name as the registered Name Holder. We may register our PO Box address as the C/O address for the Name Holder and may enter our name, email address and PO Box address for the technical and billing contacts in order that we can fulfil a comprehensive service to you.

When the new domain name has been registered successfully on your behalf, You will receive a confirmation email to that effect. Please note that new domain names may not instantly be available for use on the internet as typically DNS server propagation times can vary between 24 – 48 hours or more.

Once a new domain name has been registered on your behalf, it cannot be cancelled and no refunds will be given.

If we are unable to register / transfer / renew your requested domain name, we will notify you by email, providing the reason where possible and offering alternatives if available.

4.5 Renewals & Cancellations

The Name Holder contact for a domain name will be notified before a renewal fee is due. Therefore it is vitally important for email contact details to be kept up to date.

At the end of the domain name term, PDD will notify you of the renewal date and will attempt to renew it for you on your behalf, if you have instructed us to do so. If you do not wish for us to renew your domain name, you must give us 14 days notice in writing. PDD does not guarantee that it will automatically renew any domain name, therefore it is important that you stay in communication with us, when your domain name is up for renewal.

PDD will not be liable for any failure to renew a domain name where you have not maintained your correct contact details at PDD.

Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any email and / or associated website hosting services to cease operating.

Cancelled domain names will be transferred to a holding pool for a period of 14 days (2 weeks). During this 14 day period the current Name Holder can reactivate the name by paying any outstanding Renewal fees plus a reconnection fee. If reactivation by the current Name Holder does not occur within this 14 day cancellation period, You agree that your Name Holder rights shall cease and full title will transfer to PDD who may choose to continue using the domain name by re-registering it under its own name, on-sell it at auction to another interested party, or return it to the pool of available names for public registration.

4.6 Your Obligations

You must notify us immediately your contact details change so that we may update them on your behalf. PDD will not be responsible in any way for any losses, damages, costs or other expenses incurred by you, as a result of your failure to comply with this clause.

Unless otherwise agreed in writing, you are responsible for maintaining the DNS or nameservers of the domain and ensuring that the domain is correctly “pointing” to your chosen destination.

4.7 Limit of Liability

We exclude all liability we may have to you for any claim. This exclusion also applies for the;

(a) The Registry and any other entity we are in any business relationship with;

(b) Every officer, employee, contractor, agent of us;

(c) Anyone else we use to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

4.8 General

By agreeing to the terms stipulated herein, you also agree generally to indemnify and hold PDD, its offices, third party suppliers and employees harmless from and against all claims and expenses, losses and damages including legal fees arising from a breach by you of these terms in any way or arising out of the performance or provision by PDD of any action or service at your request.

The terms and conditions enforced by our third party suppliers apply to you at the time of your application for a domain name and subsequently, shall apply to you, and you agree to comply with them. PDD is authorised to accept on your behalf that you will comply with them.

PDD reserves the right to add to, alter or remove, without notice, these terms and conditions in whole or in part whether as a result of changes in policy or terms and conditions or otherwise of our third party suppliers.

If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.

Unless we otherwise agree in writing, these terms and conditions contain all the terms of our relationship and continue to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled. To the extent legally permitted:

(a) All our services are provided under New Zealand law;

(b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;

(c) Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

We may end or modify this agreement for any reason by giving you notice via email to the address you have stipulated to us. We cannot be held liable if your email address has changed, therefore it is essential that you notify us if you change your email address.

Unless inconsistent with the context, words signifying any one gender includes the others, words signifying the singular includes the plural and vice versa and words signifying natural persons includes artificial persons and vice versa.

This agreement constitutes the sole and entire agreement between the parties. Should any provision of this agreement be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.

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5. Other Products & Services Terms and Conditions

Our various products and services typically have specific terms that are notified to you at the time of your ordering. However, from time to time, these may be updated / amended and therefore superseded by the following:

5.1 Website Design

Unless specifically stated, site designs will render in the latest browsers. We do not support Internet Explorer version 6 (or less) – which is now considered an antiquated browser and is being cycled out of use by Microsoft see here for further product countdown information. If IE6 support is important to you – you must state this during discussions – otherwise it is assumed that you will not require support for it. There are additional cost implications for making sites compatible with IE6 because the coding for such support takes much longer.

5.2 Google Analytics

Unless otherwise specified in your services agreement, we will provide your with courtesy Google Analytics access to view you website activity statistics.

This is a shared account (meaning it is not an administrator account) that gives you access to detailed information on who visits your site, where they are referred from, keyword breakdown and more. Reports can be generated and emailed to you. You also have the ability to log in (you will need a gmail account) and view additional, in depth data.

Most clients are happy with a shared access account – however, if you need extensive control over your account (such as to track specific campaigns, manage your Google Adwords integration, further hands on and in-depth control etc) you will need a dedicated account. In this case, please tell us so that we can factor that into your site build cost.

Note that changing from a shared to a dedicated account once the site has gone live / at a future point in time, will require you (or us, if you would prefer) to set up a new dedicated Google Analytics account. It should also be noted that this change will render your old shared account as ‘reset to zero’ – effectively meaning you will lose all historical comparison report data – and the new account will start as if from new.

Unfortunately, this is a restriction from within Google Analytics and has nothing to do with PDD. We are happy to assist you at standard rates, in retaining the historical data by preparing static PDF reports to capture current stats, that may be useful.

Please note that should you decide to move your hosting away from Purple Dog – we are under no obligation to continue providing you with the courtesy shared Google Analytics account access.

5.3 Google Mail (Gmail), Google Apps & Other

Some clients are happy to utilise web based email services or Google Apps to capture their server emails or store data – effectively using it as a tool to store many thousands of emails – since, often, these web-based email service providers offer generous storage resources – (Gmail’s launch tag line for example was “never delete another email” – although this has since disappeared!)

While we are happy to assist customers in the set up and usage of said services, you understand and agree that Purple Dog is under no obligation to offer installation, configuration or ongoing management support.

Furthermore, whilst we acknowledge the benefits of using said services, Purple Dog cannot be held responsible under any circumstances, for the current (or future) operational fitness, security or terms and conditions of such services that are provided by third parties. You are advised to assess the risks of utilising said service – and for determining whether these may or may not change (e.g. in terms of the fee structure, security risks and other important aspects).

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Have a question about something here? We are just a phone call or email away to discuss any of your concerns.