Website Hosting Policy

Fruit Punch Digital – Website Hosting Policy
Last Updated: 08/05/2025

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 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

As a reseller of VPS City infrastructure, certain terms from our upstream provider apply to your use of our hosting services. Where required, we may act in accordance with their policies, including service suspensions, data handling, and acceptable use enforcement.

2.1 Service Description

We provide managed website hosting services, including:

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

Our hosting plans are outlined on our website. Custom solutions are available on request.

2.2 Service Availability

We aim to provide 99.9% uptime for hosted websites, excluding:

• Scheduled maintenance (with advance notice)
• Force majeure events (natural disasters, government restrictions, etc.)
• Outages caused by third-party providers or beyond our network infrastructure

This definition aligns with the Service Level Agreement (SLA) from our upstream provider, VPS City.

2.3 Account Setup

Hosting accounts are provisioned once full payment has been received.

2.4 Domain Name Registration & Renewals

• .NZ domains are subject to the rules and obligations of the New Zealand Domain Name Commission.
• You must keep your domain registration information accurate and up to date.
• We can register and manage domain names on your behalf.
• Renewal fees must be paid at least 4 weeks prior to expiry.
• Domain name fees are non-refundable.
• To transfer your domain, please request your domain key (UDAI) in writing.

2.5 Platform Access Limitations

As part of our managed service, administrative access to certain WordPress features is restricted to:

• Plugin installation or activation
• Exporting full site data or configuration files

These limitations ensure site integrity, security, and consistent support. If you require plugin installation, customisation, or site export, please contact us. Additional charges may apply.

2.6 Excluded Services

Hosting services do not include website design, content updates, SEO, or performance tuning unless otherwise agreed in writing. These services may be available under separate agreements.

2.7 Support

Technical support is available via our support portal:
fruitpunch.digital/customer-support.
Clients are required to log all requests through this system to ensure proper handling.

When submitting a support ticket, you’ll be asked to indicate priority:

• Low – General queries or non-urgent updates: Response within 2–3 business days
• Medium – Functional but degraded performance or plugin bugs: Response within 1–2 business days
• High – Site is down, inaccessible, or experiencing critical issues: Response within 4 business hours

Support hours are Monday to Friday, 9:00am–5:00pm NZST. Requests outside these hours will be logged the next business day.

After-hours urgent support may incur additional fees and must be marked High priority. If we determine a request was incorrectly marked urgent, we may reclassify it and apply standard response times. Ongoing misuse may result in additional charges or limited access to priority support.

2.8 Site Migration

If you wish to migrate your website to another provider, we will assist where possible. A migration fee may apply. Access to backups or files may be limited based on platform restrictions or any outstanding account balances.

3. Payment & Billing

3.1 Fees & Payment Terms

• Hosting is billed monthly, in advance.
• Payments are due by the 20th of each month.
• Accepted payment methods:
  • Internet banking
  • Secure credit/debit card (processing fees apply)

3.2 Late Payments & Account Suspension

• Hosting services may be suspended two days after a missed due date (between 1:00 a.m. and 5:00 a.m.).
• Reactivation requires payment of overdue fees and any applicable late charges.
• A 10% monthly late fee applies to overdue invoices.

3.3 Non-Payment Consequences

• Accounts unpaid for 90+ days may be referred to debt collection.
• You are liable for all associated recovery costs.
• We reserve the right to delete content and terminate hosting services due to non-payment.

4. Acceptable Use Policy (AUP)

Our Acceptable Use Policy outlines rules and prohibited activities that ensure safe, secure, and professional use of our hosting services. It is aligned with the infrastructure and compliance requirements of our upstream provider, VPS City.

By using our hosting services, you agree not to:

• Host illegal, offensive, or obscene content (including hate speech or exploitation of minors)
• Use the service for spam, phishing, or unsolicited bulk messaging (over 250 recipients)
• Run Tor nodes, DDoS tools, or participate in botnet activity
• Store or distribute malware, viruses, or malicious code
• Breach copyright, trademark, or other intellectual property laws
• Misrepresent the source of any emails or disguise server activity
• Use excessive server resources or impact server/network stability
• Access, monitor, or interfere with networks or systems you are not authorised to use

We may take immediate action — including account suspension or termination — in the event of any violation, even without prior notice.

Full details are outlined in our Acceptable Use Policy.

5. Backups & Security

Note: Our upstream provider, VPS City, does not maintain backup snapshots or restore images. All backup management is provided by Fruit Punch Digital using third-party tools.

• We provide monthly backups for all hosting accounts as part of our managed service.
• For ecommerce websites, daily backups are included to ensure higher data protection and recovery options.
• We use the WP Umbrella platform to manage site monitoring, maintenance, and backups.
• While we take reasonable precautions and maintain backups, we still recommend clients keep their own independent backups for critical data.
• We are not liable for data loss, security breaches, or server failures beyond our control.

6. Cancellations, Refunds & Data Retention

6.1 Cancellation Policy

• Hosting renews automatically each month.
• You must provide 90 days’ written notice to cancel hosting.
• To cancel, email: accounts@fruitpunch.digital

6.2 Refunds

• Hosting fees are non-refundable.
• No refunds are provided for unused portions of a billing cycle.
• Domain registration and SSL certificate fees are also non-refundable.
• Cancellation does not waive any outstanding balance due on the account.

6.3 Data Retention

We retain your hosting data for up to 7 days after cancellation. After this period, all data may be permanently deleted without further notice.

7. Termination

We reserve the right to suspend or terminate hosting services if:

• You breach this Hosting Agreement or our Acceptable Use Policy
• Payments are overdue beyond the permitted grace period

While we will make reasonable efforts to contact you before suspension or termination, we may act without notice in cases of serious breach or risk to server integrity.

8. Limitation of Liability

We are not liable for any indirect or consequential loss, including but not limited to:

• Website downtime
• Hacking, malware, or data loss
• Client-side website errors

Maximum liability for any claim is limited to the total hosting fees paid in the past 30 days.

9. Governing Law & Dispute Resolution

This Hosting Agreement is governed by the laws of New Zealand.

• Disputes will first be addressed through good faith negotiation and mediation.
• If unresolved within 30 days, either party may seek resolution through the courts of Auckland, New Zealand.

10. Agreement Updates

We may update this Hosting Agreement from time to time. Changes will take effect when published on our website.

Your continued use of our services constitutes acceptance of the current Hosting Agreement.