1. SELECTION OF SERVICE PLAN
You will select one of the service plans offered by Us, and agree to receive services according to the service plan selected. By either dating and signing this form or completing the electronic transmission of it You are signifying Your acceptance of our offer of service and Your full agreement to be bound by the terms and conditions contained herein.

2. PAYMENT FOR SERVICES
You will pay for services provided under this Agreement by method agreed with Us.

When initiating service, You will be charged the published setup fee for the service plan selected, as well as a pro-rated partial monthly charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of that month. On or about the last day of every month thereafter, Your account will be charged for monthly payment for services according to Our published schedule.

If You will be paying on invoice, the pro-rated partial monthly charge for the month of initiation of service will not be invoiced until the second month of service. This charge will be payable even if your account is terminated before the second month of service lapses.

If this Agreement is lawfully terminated on some day other than the last day of the month, You will be obligated to pay for only the expired portion of the monthly service plan charge for the month in which the service is terminated.

All fees and charges payable by You to Us are due and payable within twenty-eight (28) days of the invoice date. All fees and charges which remain unpaid after this period will be considered "overdue".

If any payment due under this Agreement becomes overdue:

1. without prejudice to any other rights We may have, We will have the right to charge and You hereby agree to promptly pay interest on such sums against Our invoices at the rate of two per cent (2%) per month (or part thereof) compounded over the entire overdue period, and;
2. We will have the right to suspend administrative access to Your account. You will be unable to create or edit any data until the overdue payment is received. If any payment becomes more than sixty (60) days overdue, We will have the right to disable Your account. All overdue payments, plus a Reactivation Fee equal to the published service setup fee will be required to re-enable a disabled account.

All sums set forth in this Agreement are exclusive of Goods and Services Tax (GST) and any other tariffs, duties or taxes imposed by the Government and You agree to pay such taxes, tariffs, duties and charges upon presentation of Our invoice.

3. TERM
This Agreement will commence on the date we agree to provide the service from and it will continue thereafter until either party terminates the agreement (see clause 17).

4. COMPLIANCE WITH LAW
You will use the services offered by Us in a manner consistent with the applicable laws and regulations of New Zealand. This Agreement shall be governed by the laws of New Zealand.

5. FILE BACK-UP
We are not responsible for Your files residing on Our servers. You are solely responsible for independent backup of data stored on Our servers.

6. PROHIBITION OF PUBLICATION OF CERTAIN MATERIAL
You shall not knowingly or unknowingly submit to Us for publication any of the following material (including pictures, links, or any other content):

1. any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
2. any material that is libelous or slanderous;
3. any material which is or contains anything obscene or pornographic; or
4. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.

Due to the public nature of the Internet, all material submitted by You for publication will be considered publicly accessible. We do not screen in advance Your material submitted to Us for publication. Our publication of material submitted by You does not create any express or implied approval by Us of such material, nor does it indicate that such material complies with the terms of this Agreement.

7. DISCLAIMER OF WARRANTIES
OUR SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF OUR SERVICE TO YOU IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WE SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY YOU TO US FOR THE SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.

8. LIMITATION/DISCLAIMER OF LIABILITY
We are 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 utilize. We are 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 utilize. We do not represent or warrant to You that You will receive continual and uninterrupted service during the term of this Agreement. In no event shall We be liable to You for any damages resulting from or related to any failure or delay by Us to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God (Force Majeure), theft or vandalism or other causes beyond Our control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

In no event will We be liable to You or any other party (whether such liability would have arisen under this Agreement or under the Law) for any loss, including without limitation loss of time, money and goodwill arising from the loss or corruption of data or any failure to process data adequately or at all, which may arise from the use, loss of use, operation or modification of the service or any defect therein or from any interference (whether lawful or unlawful) by any third party with Your use of the service. The foregoing limitations upon Our liability will not apply to any liability for damages or prosecution arising from the death or personal injury caused by Our negligence or that of Our employees or authorised agents.

9. INDEMNITY
You agree to defend, indemnify and hold Us harmless from and against any and all claims, losses, liabilities and expenses (including legal 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, but excluding those related to Our negligence.

10. FITNESS FOR PURPOSE
You agree to assume all responsibility for the determination of the fitness and suitability of the service for Your requirements.

11. RELATIONSHIP OF THE PARTIES
Both of us (the parties to this Agreement) intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

12. TAXES
If any government or local body entity having authority over the services provided under this Agreement imposes a tax directly on the services provided by Us to You under this Agreement (including GST or other direct tax), then We may pass the direct amount of such cost on to You, and You will promptly pay such cost.

13. WAIVER
The failure of either of us to insist on compliance or enforcement of any provision of this Agreement will not affect its validity or enforceability nor constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

14. LEGAL FEES
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding will be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable legal fees and costs that the prevailing party incurred prior to commencing the proceeding.

15. IP ADDRESSES
We maintain control and any ownership of any and all IP numbers and addresses that may be assigned to You and We reserve in Our sole discretion the right to change or remove any and all IP numbers and addresses.

16. ASSIGNMENT
You may not assign this Agreement or any rights, interests or obligations under it without Our prior written approval, which will not be unreasonably withheld.

17. REGULAR TERMINATION
Either You or EXPIO may terminate this Agreement at any time by giving the other party ten (10) days notice in writing.

We reserve the right to terminate this Agreement and cease to provide the Services immediately without liability if You fail to comply with any obligation in accordance with this Agreement or any policy or service guideline.

18. BREACH AND TERMINATION
If either party is in default under this Agreement (including non-payment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party. This Agreement and all rights under it will terminate immediately if:

1. either You or EXPIO commits any act of bankruptcy or makes any assignment or composition with its creditors;
2. any of the conditions necessary to render either party liable to be wound up;
3. either party has a receiver or manager or statutory manager appointed.

19. SURVIVAL OF CLAUSES
The provisions of this Agreement relating to payments, taxes and other Government charges will survive the termination of this Agreement for whatever cause.

Please read the above document in its entirety. All users of our services will be bound by this agreement.