Terms and Conditions of Sale | Terms and Conditions of Hosting | Domain Name Registration | Definitions

Terms and Conditions of Sale

We agree to supply the products and services you order in return for the payment and according to the following terms and conditions.

• 1. Price

• 1. Any quote we make to you will be valid for 30 days unless we earlier withdraw it by notice to you.
• 2. All prices exclude GST, freight costs, installation and any other applicable taxes and duties. You agree to pay these items (as applicable) in addition to the price. If we incur additional costs because of exchange rate fluctuations after the date of our price quotation then we may increase our prices to you accordingly.

• 2. Payment and Default

• 1. You agree to pay on the 20th of the following month. Failure to do so, may result in (without prejudice to any of our other rights):
• 1. Cancellation of the contract with you;
• 2. Recovery of any products delivered to you where ownership has not passed to you.
• 3. Recovery of our costs of your default from you (including legal costs on a solicitor and client basis and costs of repossession);d. charging of interest to you on the price at a rate of 2% above our bank's commercial overdraft rate until we actually receive payment.
• 2. These terms apply unless special payment terms are agreed prior to the start of development.
• 3. Where you have only partly paid for the products and we recover them from you, we will refund the amounts you have paid from the proceeds of resale (if any) after deducting all our costs of recovery and sale (including any legal costs on a solicitor and client basis).

• 3. Delivery

• 1. We will use all reasonable efforts to deliver the products and services to you on the agreed date.
• 2. If you have a discrepancy in your order when delivered you agree to let us know in writing within 48 hours. After that time you agree to have accepted the order as delivered is correct.
• 3. At our sole discretion, you may return undamaged products within 7 days of delivery to you and you will receive a refund less a restocking charge.

• 4. Ownership and Risk

• 1. Risk in the products will pass to you on delivery.
• 2. Ownership in the products will not pass to you until you have paid in full the price you owe us.

• 5. Warranties and Conditions

• 1. Unless you have rights under the Consumer Guarantees Act 1993, or other legislation which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose.
• 2. The Consumer Guarantees Act 1993 will not apply in respect of goods or services which we provide you where you acquire (or hold yourself out as acquiring) them for the purposes of a business as defined in that Act.

• 6. Remedies for Errors or Defective Products or Services

• 1. You agree to notify us in writing as soon as you identify any error, or defect in the products or services we supply you, giving us full details.
• 2. If the products or services we supply you contain errors or defects then we will remedy the problem at our sole option by either repairing or replacing the product, or resupplying the service or if it can not be remedied, we will refund you the price paid.
• 3. We will not be responsible for any damage or defect where it has been caused by you or people you are responsible for.

• 7. Limitation of Liability

• 1. Our liability to you shall, subject to any statutory right you may have which can not be excluded, be limited to the remedy or refund under clause 6.
• 2. IN ANY CASE, WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING ANY LOSS, WHATSOEVER AND HOWSOEVER ARISING OUT OF OUR SUPPLY OF PRODUCTS AND/OR SERVICES TO YOU.

• 8. Force Majeure

• 1. We shall not be liable to you for any delay or failure to perform our obligations due to a matter beyond our control.

• 9. Acceptance

• 1. You agree that these terms and conditions applied at the time of your order with us, and will apply to future orders you make with us unless otherwise agreed between us. Any terms or conditions to the contrary of these terms and conditions shall not apply.

Terms and Conditions of Hosting

• 1. Standard Terms and Conditions

• 1. As a customer of Kiwa Trading Ltd these standard terms form the basis of Kiwa Trading Ltd contract with you. Our contract with you also includes your application form whether it is submitted by fax, post or by internet submission and will be deemed to be the original application. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will notify you via e-mail of the amended standard terms. The amendments we make will apply seven days after we send you the details of these amendments. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.
  In this contract we use the terms "Kiwa Trading Ltd", "we", "our", and "us" to refer to Kiwa Trading Ltd and "you" and "your" to refer to the customer. Headings in this contract do not affect their interpretation.

• 2. Our Commitment of Service to You

• 1. We aim to provide you with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When access to your services are disrupted we will do our best to reinstate the service to you as soon as we can.
  The Kiwa Trading Ltd Support Centre is available via e-mail, and any enquiries should be directed to support@kiwaproductions.co.nz.
  The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide ourservices and we can change the carriers at our discretion.

• 3. Your General Responsiblilities

• 1. You agree that you will:
• a. Pay for all goods and services to you. Our charges will normally be exclusive of GST.
• b. Pay each bill by the due date for payment set out in it. If you do not we may charge you interest at a rate we specify and which is equivalent to our bank overdraft interest rate plus 2% per annum on the overdue amount from the due date until payment of the relevant amount and we may also recover from you all legal and related collection costs incurred by us arising from the collection of any amount which you owe to us and which you do not pay to us then due.
• c. If you have a genuine dispute in relation to amounts we have charged you, pay the undisputed charges and notify us immediately you become aware of any disputed charges. If you do so you must give us full details of the reason you are disputing the charges and you must give us evidence of the grounds for your dispute. We will look into the issue and you will comply with our good faith decision on the issues.
• d. Ensure that all of the information you give us is correct and complete.
• e. Comply with any legal requirements concerning the use of our services.
• f. Comply with any requirements of any other carrier in relation to the use of its network.
• g. Make sure everyone you are responsible for also meets these responsibilities.
• h. Agree that, whether or not the account you have created is used, all charges incurred between the activation of your account, and the suspension or disconnection of your account will be met by you, including those charges set out in clause 3.1 b
• 2. We reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed our credit limit we will be entitled to suspend the provision of our service to you. All costs and expenses of or incurred by us as a result of such suspension and any re-commencement shall by payable by you upon demand.
• 3. We reserve the right to refuse service to any person or entity who applies to use our service. Reasons for refusal may include but is not limited to unfavourable credit rating, notification of bankruptcy, liquidation, business closure, criminal or unfair trading practices.

• 4. Suspension or Disconnection

• 1. If you do not meet any one or more of your responsibilities under this contract we may suspend or disconnect you from our network. We may also discontinue any other services we provide to you. In that situation we may also terminate our contract with you. These forms of action may be enforced by us without prior notice.
• 2. We may also suspend or disconnect you from our network if a carrier supplying services to us suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.
• 3. We may also suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
• 4. If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a re-commencement fee before you can use our services again.
• 5. Usually normal charges will continue to apply during your suspension or disconnection from our network.

• 5. Compensation and Liability

• 1. If you receive goods or services from us for the purposes of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.
• 2. If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrierÔø‡s service charges.
  We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity. These exclusions of liability also apply under the Contracts (Privity) Act 1982 for the benefit of any other carrier who allows us to use its network to provide our service to you.
  To the extent permitted by law none of the persons referred to in the preceding paragraph are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms
  This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.

• 6. Limitation of Liability

• 1. To the extent permitted by law if, despite the provisions contained in the previous section, we or any other carrier is liable to you for any breach of these standard terms, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following: If the breach relates to the provision of services:
• supplying of the relevant services again; or
• payment of the cost of having the relevant services supplied again; and
• 2. If the breach relates to goods:
• replacement of the relevant goods or supply of equivalent goods;
• repair of the relevant goods;
• payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
• payment of the cost of having the relevant goods repaired.

• 7. Customer Information

• 1. 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.
• 2. 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.
• 3. 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.
• 4. You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

• 8. Other Terms

• 1. Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.

• 9. Invoices and Notices

• 1. We will deliver our invoices and any other notices to the most recent address you have given us. We may assume that any such invoice or notice has been delivered five days after we have posted it. Please ensure that you inform us when you change your address.
• 2. It is essential that if you change address or move premises, you must inform us of this event in writing to enable us to ensure that there is no interruption in our supply of service to you. If you do not inform us of this event we will not be able to ensure continued supply of our service to you.

• 10. Assignment and Delegation

• 1. We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.
• 2. We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
• 3. You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

• 11. Terms Separately Binding

• 1. 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.

• 12. Termination

• 1. If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.
• 2. If you want to end the contract between us please write to us at 278 Matangara Road, R.D. 12, Hawera, New Zealand, or e-mail us at support@kiwaproductions.co.nz. Our agreement will end and all charges will cease at the end of your current billing cycle provided you have paid us in full all outstanding amounts due to us.
• 3. If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.
  On termination of our contract with you, we will cease providing our service to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our service to you.

• 13. Force Majeure

• 1. 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 our control.

• 14. Compliance with Regulations and Acceptable Use

• 1. You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the services. Kiwa Trading Ltd will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws
• 2. Kiwa Trading Ltd may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with Kiwa Trading LtdÔø‡s Terms. Kiwa Trading Ltd may pass on any material or information it finds as a result to the relevant authority if Kiwa Trading Ltd suspects any illegal or offensive activity is involved, and you will have no claim against Kiwa Trading Ltd for this.
• 3. Kiwa Trading Ltd may also monitor your use of the services at anytime with regard to reasonable usage and if it deems your usage is in excess of reasonable, and/or it solely places a strain on Kiwa Trading Ltd resources or services to its existing or perspective clients, Kiwa Trading Ltd reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing, terms and conditions.

• 15. Free Domain Hosting

• 1. Clients who join Kiwa Trading Ltd and host a domain name under the free hosting plan acknowledge that all domain registry charges are to be met by the client and that Kiwa Trading Ltd hold no financial responsibility for domain names hosted but not paid for.

• 16. Prohibited Activities

• 1. Email:

  
  You acknowledge that Kiwa Trading Ltd may establish certain limits on use of the Service at any time without limitation to any aspect of the service you are provided at no charge. You will be advised of any limits to be placed on you by e-mail to the last known e-mail address as per your account details. Your ongoing use after delivery of this notice to you constitutes your acceptance of this limit and any related charges.

• 2. Server Abuse:

  
  Any attempts to undermine or cause harm to Kiwa Trading Ltd is strictly prohibited.

• 3. Advertising:

  
  Kiwa Trading Ltd servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
  As such, any violation will result in immediate deactivation of services without refund (if applicable).

Domain Name Registration

• 1. Kiwa Trading Ltd's Obligations

  
  We agree that we will:
• 1. comply with all .nz policies and accurately represent these to you;
• 2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
• 3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
• 4. subject to clause 16, process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9 am.- 6 pm Monday-Friday;
• 5. notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
• 6. where requested:
• arrange for correction of any error in the information in the register about any domain name registered in your name; and
• provided that such request is made within 5 days of the registration of a domain name by you, correct any error made by you in the domain name itself or cancel the domain nameÔø‡s registration;
• 7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
• 8. use your personal information only as authorised by you;
• 9. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
• 10. comply with any order of any authority having jurisdiction regarding any domain name registered to you; and
• 11. use our reasonable endeavours to deal with any complaints you may have about the services we provide for you.

• 2. Your Obligations

  
  You agree that you will:
• 1. comply with all .nz policies. You agree that you have read and understood the current .nz policies and warrant that your application for a domain name or request for other services pursuant to this agreement does not breach any .nz policy. You acknowledge that we have no control over any requirements that may be imposed by the .nz policies and that the applicable New Zealand policy setting bodies may change the .nz policies from time to time without consulting either of us and that you shall be bound by any such changes;
• 2. make sure all information you give us is true, accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement. You acknowledge that we may decline or be unable to register or renew a domain name or provide you with other services where the information provided by you is incomplete, incorrect or otherwise unacceptable to us. You further acknowledge that:
• any spelling or other mistakes with a domain name cannot be amended unless brought to our attention within 5 days of the domain names registration;
• outside this 5 day period changes to the details relating to a domain name may be changed but not the domain name itself; and
• we shall not be liable to refund any fees paid by you in respect of any domain name registered with any spelling or other mistakes;
• 3. keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
• 4. satisfy yourself that your use of a domain name will not infringe anybodyÔø‡s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
• 5. ensure that you only use our services for a lawful purpose;
• 6. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
• 7. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
• 8. protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
• 9. Duties of Other Persons
• 1. You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

• 3. Registration of a Domain Name

• When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
• 1. 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 addresses/details of the name servers for it, and our name.
• 2. the domain name is registered in your name only because no other person has it according to the records of the register; and
• 3. neither we nor anybody else is representing anything else to anybody regarding that 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
• 4. that you protect 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. Register is the Record

• 1. For all purposes the details shown in the register shall be treated as correct and the authoritative record.

• 5. Payment of Fees

• 1. You agree to pay for the services we provide for you.
• 2. If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
• 3. We may alter our fees from time to time or institute new fees at any time, for any reason, at our sole discretion. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
• 4. Our usual fees are for domain name registration and renewal. We may also charge for any other services provided to you by us, including any programming or configuration requirements outside of the scope of standard registration, change of name holder etc. We will tell you before any additional charge is incurred.
• 5. Our prices are stated in New Zealand dollars and exclude GST.
• 6. If you do not pay our charges for a domain name that we register or renew for you we may refer any such amounts owed by you to a debt collection agency and you shall be responsible for payment of all charges that may be incurred in the recovery of such unpaid amounts; and
• 7. We may at our discretion charge you interest on all overdue amounts at the rate of 18% per annum, compounding daily.
• 8. All fees are non-refundable, 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.
• 9. Your domain name application, renewal application, or registrar transfer request will not be submitted to the registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by Kiwa Trading Ltd in its sole discretion). In any case, we may in our sole discretion register or renew a domain name for a period less than that for which you may have applied pending receipt of cleared funds from you for such services. Subsequent to the receipt of cleared funds we will amend the register so that the registration or renewal is for the full term.
• 10. The administrative contact for any domain name you register will be notified (by email) 45 days before a renewal fee is due. Reminders will also be sent (by email) 15 days and 7 days prior to renewal. The renewal notification will contain a link to a payment page where your domain name can be renewed. Failure to renew a domain name you have registered will result in the domain name being cancelled. This will cause any email and website hosting services for that domain name to cease operating.
• 11. Cancelled domain names will be held for a period of 90 days. During this 90 day period you can reinstate the domain name by paying any outstanding renewal fees. If you do not reinstate a cancelled domain name within the 90 period then the domain name will be returned to the pool of available names for public registration.

• 6. Suspension And Refusal To Supply Services

• 1. If you do not pay our charges for a domain name registered to you we may:
• 1. cancel registration of that domain name; or
• 2. refuse to provide a service you request.

• 7. Cancellation of a Domain Name

• 1. If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

• 8. Exclusion of Liability

• 1. To the extent permitted by law we exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by Kiwa Trading Ltd to perform its obligations under this agreement or any negligent acts of Kiwa Trading Ltd) we may have to you for any claim except where we have acted in bad faith.
• 2. This exclusion also applies for the benefit of:
• 1. InternetNZ, the registry and any other entity we are in any business relationship with;
• 2. every officer, employee, contractor, agent of us or any entity in clause 8.1; and
• 3. anyone else we get to perform our duties under any agreement you have with us.
• 3. 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.
  This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and, subject to clause 17, does not limit any rights you may have under the Consumer Guarantees Act 1993.

• 9. Limitation of our Liability

• 1. We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
• 2. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the total amount of the fees incurred by you during the last calendar month in which fees were incurred by you under this agreement.

• 10. Law and Jurisdiction Applying to this Agreement

• 1. Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues 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 except to the extent clause 14 says otherwise.
• 2. To the extent legally permitted:
• 1. all our services are provided under New Zealand law;
• 2. 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;
• 3. except as otherwise stated, you may take action against us only in a New Zealand court;
• 4. 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.

• 11. Cancelling the Agreement

• 1. We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
• 2. We may end the agreement for any other reason by giving you one month's notice.

• 12. More Than One Person

• 1. You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you.

• 13. Each Clause Separately Binding

• 1. Each clause of the agreement you have with us is separately binding.
• 2. If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

• 14. Rights and Responsibilities that Continue

• 1. The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 - 13, 21 and this clause 14.

• 15. Implied Terms

• 1. Subject to clause 15.2 and clause 17, and only to the extent permitted by law, any term, condition or warranty that would otherwise be implied into this agreement is excluded.
• 2. Where legislation implies in this agreement any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this agreement.

• 16. Force majeure

• 1. We shall not be liable for any delay or failure to perform our obligations under to this agreement if such delay is due to Force Majeure.
• 2. For the avoidance of doubt, we cannot guarantee that due to circumstances beyond our control any particular domain name that you apply for will be assigned to you. In the event that a domain that you apply for registration is not processed successfully, we will refund all fees charged.

• 17. Consumer Guarantees Act 1993

• 1. If you are acquiring our services for the purposes of a business or use our services for such purpose then you agree, to the extent legally permitted, that your rights in respect of the services or this agreement are limited to the rights expressly stated in this agreement. By way of example only, if you are registering a domain name for business purposes you will not have the remedies available under the Consumer Guarantees Act 1993 (New Zealand) for the services we provide under this agreement.

• 18. No assignment

• 1. You cannot assign this agreement.

• 19. Rights, powers and remedies cumulative

• 1. The rights, powers and remedies provided in this agreement are cumulative with and are not exclusive of any rights, powers or remedies at law or in equity unless specifically stated otherwise.

• 20. Alterations to this agreement

• 1. We may alter or remove existing clauses of this agreement or add new ones. Alterations may be in the nature of completely new clauses. We can do this without the need to obtain your consent or the consent of any person acting on your behalf. Before we make any alterations, we will notify you by e-mail of these and the changes shall come into effect one month later.

• 21. Privity extended

• 1. Certain provisions of this agreement, including without limitation the provisions of clauses 8 and 9 of this agreement, are also for the benefit of, and are intended to be enforceable under the Contracts (Privity) Act 1982 by, the parties specified in clause 8.22.

Definitions:

• In this agreement except where the context requires otherwise:
• "domain name" means an alphanumeric string which resolves to Internet resources as detailed in RFC 1034;
• "Force Majeure" means a circumstance beyond the reasonable control of Kiwa Trading Ltd which results in Kiwa Trading Ltd being unable to observe or perform on time an obligation under this agreement. Such circumstances shall include but shall not be limited to:
• 1. acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
• 2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
• 3. strikes, equipment or systems failure or maintenance; and
• 4. any delay, failure or interruption (whether planned or unplanned) of any services to be provided to or being provided to Kiwa Trading Ltd by the registry or any other third party.
• "the Internet" means a confederation of regional and local networks based on TCP/IP;
• "notify" means communicate in writing (including by e-mail);
• ".nz domain name" means any domain name which ends in .nz;
• ".nz policies"means all standards, policies, procedures, technical specifications, rules and practices issued by InternetNZ for the management of .nz domain name space and published on itÔø‡s website from time to time; ]
• "person" includes any non-personal legal entity or groups whether incorporated or not;
• "register" means the database of information about the nz domain name space and which is the authoritative repository for the creation of the primary zone files for the .nz country code;
• "registrant" means a person that is allocated a domain name registered to them within the .nz domain name space;
• "registry" means New Zealand Domain Name Registry Limited (trading as .nz Registry Services) its delegates or such other organisation, that holds, operates and manages the register, including the transfer to the zone files;
• "services" means anything we do or arrange for you;
• "we" "our" or "us" means Kiwa Trading Ltd, an authorised registrar within the .nz domain name space; and
• "you"means you, a registrant, being the party applying for the registration, renewal or otherwise of a domain name pursuant to this agreement.