Hosting Agreement

Last Updated: 20/02/2025

1. Introduction

Welcome to Fruit Punch Digital. By using our hosting services, you agree to be bound by this Hosting Agreement. These terms outline your rights and responsibilities when using our hosting services.

By signing up for hosting, you accept and confirm that you have read, understood, and agreed to the following:

• This Hosting Agreement
• Our Terms of Engagement
• Our Payment & Billing Policy
• Our Privacy Policy
• Our Acceptable Use Policy (AUP)

If you do not agree to these terms, you must not use our hosting services.

2. Hosting Services

2.1 Service Description

We provide website hosting services, including:

• Secure server hosting
• Website storage and bandwidth
• Technical support related to hosting infrastructure
• SSL certificates (where applicable)

Our hosting plans are outlined on our website. If you require a custom solution, please contact us.

2.2 Service Availability

We strive to provide 99.9% uptime for all hosted websites. However, this excludes:

• Scheduled maintenance
• Force majeure events (natural disasters, government actions, etc.)
• Outages caused by third-party providers

We will notify you of any planned maintenance that may impact your website.

2.3 Account Setup

• Hosting accounts are provisioned upon receipt of full payment.

2.4 Domain Name Registration & Renewals

• We can register and manage domain names on your behalf.
• Domain name renewals must be paid at least 4 weeks before expiry to prevent disruptions.
• Domain fees are non-refundable.
• If you wish to transfer your domain to another provider, you must request your domain key (UDAI) in writing.

3. Payment & Billing

3.1 Fees & Payment Terms

• Hosting is billed monthly and must be paid in advance.
• Payments are due on the 20th of each month.
• Payment methods include:
  • Internet banking
  • Secure online credit/debit card payments
• All credit/debit card payments will incur a processing fee.

3.2 Late Payments & Account Suspension

• If payment is not received by the due date, your hosting service may be suspended.
• Suspensions occur two days after the payment is overdue, between 1:00 a.m. and 5:00 a.m.
• To reactivate your account, you must pay the overdue amount plus any late fees.
• A 10% late payment fee per month applies to overdue invoices.

3.3 Non-Payment Consequences

• If an account remains unpaid for 90 days, it will be sent to a debt collection agency, and you will be responsible for all associated costs.
• We reserve the right to delete any website content and terminate hosting services due to non-payment.

4. Acceptable Use Policy (AUP)

By using our hosting services, you agree not to:

• Host illegal, defamatory, or copyrighted content without proper authorisation.
• Use hosting for bulk email, spam, or unsolicited marketing.
• Store or distribute malware, viruses, or hacking tools.
• Use excessive server resources that impact other users.
• Use the hosting as a file storage or backup service.

Violations of the Acceptable Use Policy may result in immediate suspension or termination without refund.

5. Backups & Security

• We do not provide automatic backups for your website. You are responsible for keeping your own backups.
• We are not liable for data loss, security breaches, or server failures.

6. Cancellations & Refunds

6.1 Cancellation Policy

• Hosting services renew automatically. If you wish to cancel, you must provide 90 days’ written notice.
• To request cancellation, email accounts@fruitpunch.digital.

6.2 Refunds

• Hosting fees are non-refundable, including unused portions of a billing cycle.
• Domain registration and SSL certificate fees are non-refundable.

7. Limitation of Liability

• We are not responsible for losses arising from:
  • Website downtime
  • Hacking, malware, or data loss
  • Client-side website errors
• Maximum liability for any claim is limited to the amount paid for hosting in the last 30 days.

8. Governing Law & Dispute Resolution

• This agreement is governed by the laws of New Zealand.
• Disputes will first be resolved through mediation. If unresolved within 30 days, legal action may be pursued.

9. Agreement Acceptance

By signing up for hosting, you agree to the terms of this Hosting Agreement.

Your continued use of our services constitutes acceptance of this agreement, including any future updates.