Terms & Conditions
1. INFORMATION ABOUT US
www.rocketspark.com (“the website”) is a site operated by Rocketspark Limited ("We", “Rocketspark”, “Us”). We are registered in New Zealand and have our registered office at Unit I-L/60 Victoria Street, Cambridge, 3434, New Zealand. Our main trading address PO Box 997, Cambridge 3450, New Zealand. The name "Rocketspark" will appear on cardholder statements for any transactions through this website.
2. ACCEPTANCE OF TERMS
2.1 By accessing the website www.rocketspark.com or by registering to undertake a 30 day free trial or by purchasing or using any of our products or services you agree to be bound by these terms and conditions. We may change our terms and conditions from time to time and any changes to these terms can be viewed on this website.
2.2 These terms and conditions govern the supply of all products and services by us to you, the user of those products and services, including your use of the website at www.rocketspark.com They are effective from 21 December 2017 and replace all earlier Rocketspark terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
3. REGISTRATION 30 DAY FREE TRIAL
3.1 You agree when registering and throughout the term of your Rocketspark service to provide true, accurate, current and complete information about yourself as prompted during the Rocketspark registration process.
3.2 During the registration process, you will create a password and receive log in details for your account together with a temporary website address. Your website will not receive your requested domain name until you have become a paid subscriber to the full service. You are responsible for maintaining the confidentiality of the password and your account and are fully responsible for all activities that occur under your password or account. If you do allow other people to use your Rocketspark website, or to act on your behalf during the registration process or by adding content to your Rocketspark website, you acknowledge and agree that we will be entitled to assume that any such persons are acting under your authority and direction and you agree that you are responsible for their actions. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.
3.3 You will have free access to Rocketspark services for a period of 30 days from the day you first use the 30 day free trial function on the website, after which you may convert to a paid service. We will not require payment during the 30-day free trial period but in all other respects you will be bound by these terms and conditions from first use of the service. If you have not advised that you wish to proceed with our service after your free 30-day trial period is finished, your trial account will automatically be deactivated. You are not entitled to use the 30-day free trial more than once.
3.4 We will advise you of the trial ending by email at least 7 days before the end of your trial period and ask you to pay if you wish to continue using our services. If you do not pay by the requested date, you will not have any further access to the website and data from your website. When your trial expires you will no longer be able to access your trial website, and all rights given to you under these terms and conditions will cease.
3.5 Where you do not pay for a subscription after your 30 day trial period ends we will store your website and data for a maximum of two months before deleting that data. If you wish to commence a paid subscription during the two months after your 30 day trial has ended you should email us via the contact form on our contact page. If you have not contacted us after two months, you may have to start your website from the beginning.
4. DURATION, CANCELLATION & TERMINATION
4.1 Your Rocketspark service will continue until cancelled or terminated in accordance with these terms and conditions.
4.2 You may cancel your Rocketspark service at any time via your website dashboard. We will deactivate your website on the date you select when submitting your cancellation request. If you cancellation date is after your next bill cycle you will be charged for the next period. We will not be obliged to make any refund of the balance of any pre-paid billing period. So if, in the case of an annual subscription, you first subscribe in January and then cancel in June the same year, you will not be entitled to a refund for the balance of that year.
4.3 Rocketspark registers domain names on an annual basis on your behalf. You retain ownership of your domain name at all times and your domain will be registered against your name using the information you provide us.
4.4 If you commit a breach of this agreement, or if you or third parties via your website are doing anything that jeopardises our service, Rocketspark may at its option either suspend your website or terminate this agreement immediately by written notice. Rocketspark may also terminate your Rocketspark service for any reason by giving at least 3 months notice to you.
4.5 Upon termination of this agreement Rocketspark may delete all data relating to your past use of our service. Where possible we will give 14 days notice of the termination of your account, except where our termination is based on your failure to comply with our Acceptable Use policy or for any other material breach. Upon such termination your website will no longer function or be accessible. For this reason we recommend that you keep back up copies of all content you upload to your website.
4.6 Where this agreement is cancelled or terminated for any reason, you must notify us by email if you wish to retain your domain name registration.
4.7 Where you decide to cancel this agreement, you are responsible for extracting your data from your website.
5. PRICES, PAYMENT AND GST
5.1 Except where stated otherwise, all prices on www.rocketspark.com are in Australian dollars and are exclusive of New Zealand Goods and Services Tax (“GST”).
5.2 Payment must be made in accordance with the payment option that you select when commencing your Rocketspark service. If you select a monthly payment option for your subscription you must make payment monthly and your payment must be made on or before the same day of the month as your first payment. An annual subscription will be renewed on the anniversary date of your first payment. We reserve the right to change the day of the month when your payment falls due at a future time by email notice to you.
5.3 Any price changes will be notified by email and posted on our website not less than two months before the change takes effect.
5.4 Failure to pay (including reversal of credit card or other payments) may result in your website being disabled until payment is made, and we may decline to supply any further products or services until payment is made. At our discretion if you do not pay we may cancel your subscription and we may not carry out work maintaining your registration of your domain name. Where any amount that you owe to us remains unpaid, we may notify you when action is required to maintain your domain name but we will not be liable to you if we do not notify you. If we are going to cancel your subscription and/or the registration of your domain name as a result of your not paying our charges, we will not give you any notice before we initiate action to cancel your account and/or domain name.
5.5 Your invoice will be emailed to you at the email address you supply when you register for Rocketspark. You are responsible for ensuring that your contact details are up to date in your Company/ Personal Information in your Account Settings.
5.6 Any custom design work undertaken for you at your request will be quoted and invoiced separately from your monthly subscription.
5.7 Customers outside of New Zealand may not be liable to pay New Zealand GST. However, you may be liable to pay taxes in the country where you are located. This is entirely your responsibility.
5.8 You will not be considered to have made any payment until that payment has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we will charge you an administration fee.
5.9 If you have not paid in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until the account is paid in full.
6. DOMAIN NAMES AND IP ADDRESSES
6.1 For new customers who upgrade to a paid Rocketspark subscription at standard pricing and do not have an existing domain name Rocketspark will register one domain name on your behalf for no additional cost for your first year. You retain ownership of your domain at all times. Your domain will be renewed annually at the price quoted on our website.
6.2 The free domain for your first year will only be provided for the following domain name extensions: .com, co.nz, .nz, .net.nz, .org.nz, .net, .org, .us, .info, .com.au, .org.au, .net.au, .asn.au, .co.uk, .me.uk, .org.uk, .uk. If your desired domain type is not available you will be able to register the domain yourself and use the domain with your Rocketspark website.
6.3 When you upgrade your website to a paid subscription you can opt to transfer your domain to Rocketspark at the quoted domain prices on our pricing page. Rocketspark does not transfer domains if existing email accounts are not hosted with Rocketspark and the intention is to continue hosting email accounts externally from Rocketspark. The cost of the domain will be charged at the time of upgrade and cover the cost of your next annual domain renewal. You will be billed annually for domain renewals two months before the renewal date of your domain. Rocketspark has the right not to transfer a domain name with any subscription.
6.4 You may secure a domain name while still on trial by purchasing a domain name from your website dashboard at the prices quoted on our pricing page. If you would have otherwise received a free domain at upgrade as per term 6.1 we will not charge you for your second year renewal. Future domain name renewals will then be billed annually two months before the renewal date of your domain.
6.5 You can have more than one domain name if required for an additional cost as detailed on our pricing page.
6.6 When you become a full subscriber we will attempt to register your domain name for you but we do not guarantee that your web address will be available until registration is confirmed to you.
6.7 While you continue to use us as your domain host, we will maintain your Domain Name registration on your behalf. If you do not pay any sum due to us when due, or if you cease to use us as your domain provider, we will cease to maintain your Domain Name registration.
6.8 Customers who become paying subscribers with their own domain name also agree to the terms and conditions relating to domain registration in these terms and conditions.
6.9 Rocketspark maintains control and relevant ownership of any IP numbers and addresses that may be assigned to you. We reserve the right to change or remove any IP numbers and addresses. An IP address is a technical term for a number that identifies devices participating in a computer network and changes to IP addresses do not affect what customers see of your website.
6.10 The information you provide for registering your domain must be correct. If false information is provided and your domain registration is revoked by the domain registry a refund for the domain purchase will not be provided. If incorrect information is accidentally entered you will be provided with an opportunity to provide correct information.
7. SERVICES AND SERVICE LEVELS
7.1 Rocketspark uses security practices to keep your data safe from hackers but unfortunately cannot guarantee that its service will be free from external attacks such as hackers and viruses as even government organisations have not been able to keep out hackers. We cannot also guarantee that the service will be free from error or delay or that it will always be available to you.
7.2 You are responsible for ensuring that your system is secure against attacks by viruses and similar disruptive codes, and that you keep a backup copy of all content that has been loaded onto your website. Rocketspark backs up all database data (website settings and content) and all uploaded files every 24 hours. Each backup is stored for one week. We will not be responsible for any loss, damages or costs incurred through your failure to back up data or to secure your computer system.
7.3 Rocketspark can provide email addresses as part of your Rocketspark subscription. Email addresses will be charged for as per our pricing schedule.
7.4 Email Account Sending Limits. Rocketspark's email solution does not allow you to send email messages of similar content through our SMTP servers to more than two-hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. Our email solution may block mail that violates this restriction. In addition, your mail services may be suspended or terminated for violation of this AUP in accordance with the Mail Hosting Services Terms and Conditions (http://www.rackspace.com/information/legal/mailter...).
7.5 Links and information within Rocketspark Support regarding third party products, such as mail clients, are for informational purposes only and are not supported by Rocketspark.
7.6 Your email can be accessed via a web based interface or via your existing mail program such as Outlook or Mail. Rocketspark will provide support to ensure that your webmail is working correctly. However, additional support to integrate your email account with email programs such as Outlook, Outlook express or Mail may be charged for. Where we have developed instruction guides for email integration, we will provide those instruction guides to you. However, we cannot guarantee that you will be able to make your email integrate just by using those guides.
7.7 We will provide tools and guidance to enhance your search engine position but we cannot guarantee your position as there are factors that affect your search ranking that are beyond our control. For example, the number of relevant links you have to your site from external sites significantly affects your search ranking.
8. WEBSITE DATA SIZE AND FAIR USAGE TRAFFIC LIMITS
8.1 Your website storage capacity and traffic through your Rocketspark website is governed by our fair usage policy. This fair usage policy is referenced against average customer usage for Rocketspark websites and estimated customer use of this service based on historic usage of our customers. If your Rocketspark website significantly exceeds these patterns and estimated use patterns over any month, then your use will be deemed excessive and/or unreasonable and we may send you a notice asking that you alter your usage to come within the range of fair usage and explaining that we may impose charges if usage is not reduced. If excessive use continues to occur after we have advised you of your excessive usage we may apply, without notice, charges for excessive usage or we may suspend or restrict your service without being liable to you in any way. We do not want to stifle your business growth and therefore if your website is exceeding fair usage through the normal course of business we will provide a rate card for traffic that exceeds fair usage.
8.2 The email accounts we provide have a 25 Gigabyte (GB) limit for each email account.
9. INTELLECTUAL PROPERTY RIGHTS AND LICENCES
9.1 You agree that all intellectual property that forms part of the website, our products or any of our services including software, processes, support material and trademarks, together with all intellectual property in any text, software, music, sound, photographs, graphics, video, design or other content which is not subscriber content (as defined in 10.6 below) remains the property of Rocketspark or its suppliers and must not be copied or modified. This includes any copies of or improvements, developments, modifications or changes to them, or to any patents, copyrights, trade marks, internet protocol or other electronic addresses, numbers or codes allocated to you. You may not sell, license or provide any of these to anyone else without our written permission.
9.2 Except to the extent required to enable you to use the Rocketspark service, or as otherwise agreed in writing by us, Rocketspark does not give you any right or licence to use any intellectual property of Rocketspark or its suppliers. You must not copy, reverse engineer or decompile any of our intellectual property or interfere or tamper with any of our products, websites or systems. You must not cause or permit anything to be done which may interfere with, damage or endanger the systems, websites, trade marks or other intellectual property rights of Rocketspark or its suppliers, or assist or allow others to do so.
9.3 You acknowledge and agree that any suggestions you provide for improvement of our service shall become part of Rocketspark’s intellectual property for the purpose of enhancing our service.
9.4 You represent and warrant that you are not using Rocketspark’s free trial or paid for service for the purpose of evaluating or copying our intellectual property or the intellectual property of our suppliers.
9.5 You may not use Rocketspark’s trademarks unless express permission is provided in writing by Rocketspark.
9.6 All intellectual property rights in any text, software, music, sound, photographs, graphics, video, design or other material which you upload or post to your Rocketspark website (collectively “subscriber content”) shall remain your or the relevant licensor’s property and, in accordance with the Acceptable Use Policy, you shall upload or post any content that infringes the intellectual property rights of any party unless you have the permission of the owner.
9.7 We may ask you to use your Rocketspark website or content displayed on it for promoting Rocketspark and its services. We will not display or reproduce your content without your permission.
10. COMPLIANCE WITH ROCKETSPARK POLICIES, MODEL TERMS AND CONDITIONS
10.1 You agree at all times to observe and comply with the terms and conditions set out in our
- Domain Name Policy;
- Acceptable Use Policy; and
10.2 If you opt to use our Model Website Terms and Conditions of Supply, you do so on the strict understanding that you are entirely responsible for the terms and conditions on which you trade with your own customers. You are strongly advised to obtain your own independent legal advice based on your own specific needs, the jurisdictions in which you intend to operate and the jurisdiction in which your customers live as different laws will apply in each case. Rocketspark makes no representation and gives no warranty that the model website terms and conditions are appropriate for your business, or appropriate for the jurisdictions in which you operate.
10.3 Whether you use the Model Terms and Conditions Supply or not you agree to require your own customers to observe and comply with the terms of the Acceptable Use Policy regarding the use of your website.
11. DISCLAIMER OF WARRANTIES
11.1 Your use of Rocketspark service and products is at your sole risk. We make no warranties in relation to the Rocketspark website or its contents including but not limited to security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability and completeness of the material, services, software, text graphics and links on our website.
11.2 We do not guarantee that our site or services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and use our services. You should use your own virus protection software.
11.3 We are not responsible for the content of websites used by other subscribers of Rocketspark services and make not warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such other websites.
12.1 You agree to defend, indemnify and hold harmless Rocketspark, its officers, directors, employees, representatives and agents from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) alleging or resulting from your use of Rocketspark products or services including but not limited to:
- any material which infringes the proprietary or intellectual property rights of any third party;
- any defects in products sold through your Rocketspark website.
12.2 We will provide notice to you promptly of any such claim, action or demand as described in 12.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
13. NO RESALE OF ROCKETSPARK SERVICES
You agree not to reproduce, duplicate, copy or sell, resell or exploit for any commercial purposes any portion of Rocketspark’s services or products, or access to our website, without our express prior written consent.
14. LIMITATION OF LIABILITY
14.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or services or any content on it, whether express or implied.
14.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any of the following:
- use of, or inability to use, our site or services;
- use of or reliance on any content displayed on our site or sites of other subscribers to the Rocketspark service;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;or
- any indirect or consequential loss or damage.
14.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or services or to your downloading of any content on it, or on any website linked to it.
14.5 We assume no responsibility for the content of websites linked on our site or other websites using the Rocketspark service. Where links are provided to other websites such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
14.6 Subject to clause 14.1 to 14.5 inclusive, our total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of one year’s subscription for the service you purchase
14.7 Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.
14.8 To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services 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. This exclusion does not limit any rights you may have under the Consumer Guarantees Act 1993.
15. FORCE MAJEURE
15.1 We will not be liable to you for any losses caused by events beyond our reasonable control.
15.2 Rocketspark shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions are governed by New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. We both agree to the exclusive jurisdiction of the courts of New Zealand.
16.2 You agree to use our Rocketspark website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
17. GENERAL CONDITIONS
17.1 We may transfer our rights and obligations under this contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
17.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
APPENDIX 1: DOMAIN NAME REGISTRATION TERMS AND CONDITIONS
1. Customers who become paying subscribers with their own domain name agree to these terms and conditions and all other terms and conditions applicable to that domain name. You acknowledge that our obligations as part of the system for domain name registration may change over time, and you agree that we have the right to vary these terms and conditions where our obligations are varied.
2. You agree that you will:
comply with all applicable domain name policies. You agree that you have read and understood the current policies. Please refer to the relevant policy for the domain name extension (for example .co.nz or .com) that you are registering. .nz domain policies See APPENDIX 1.1 below, .com domain policies;
make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and you warrant that you have the authority to enter into this agreement;
keep any security information that we give to you confidential, safe and secure;
satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and that you indemnify us, and everybody we are in any business relationship with to provide services to you, from any such claim;
ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
protect and indemnify 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; and
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 is registered to you, or in your name as directed by you, then you agree:
- That the following information becomes available to any member of the public: your name, your contact details, the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name. This disclosure is a requirement of domain name registration regulations and is not a requirement developed by Rocketspark;
- the domain name is registered in your name only because no other person has it according to the records of the register;
- 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
- 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
For all purposes the details shown in the domain name register shall be treated as correct and the authoritative record.
APPENDIX 1.1: NZ DOMAIN SERVICE AGREEMENT
1. The Registrar's Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 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;
1.3 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);
1.4 process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9 am - 4 pm Monday-Friday, and otherwise within 48 hours;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your own contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 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;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. The Registrant's Obligations
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is 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;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody'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;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 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.
Duties of Other Persons
2.9 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
3.1 Operation of the .nz domain name space requires the collection of information, including some personal information, from you. In order to have a domain name registered in your name, this information must be entered into the register (see clause 4 below for more details regarding the register).
3.2 By entering into this agreement, you consent to providing us with the following personal information (“personal information”):
- country; and
- phone number.
3.3 While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because:
i) the personal information is necessary in order for your domain name to be recorded on the .nz register
ii) we need to be able to contact you in relation to the administration of the domain name; and
iii) we are required by .nz policies to collect your personal information;
3.4 If you decide to transfer management of your domain name to another registrar, or if your domain name is cancelled, or if this agreement ends for any other reason, we will continue to store your personal information for a period of not less than 6 years for limitation and tax administration purposes.
3.5 You further agree that:
i) the domain name is registered in your name only because no other person has it according to the records of the register; and
ii) neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the Query Service shall not be taken as evidence of anything other than such registration; and
iii) 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 and registry
4.1 The register is the authoritative database of .nz domain names and the details shown in the register is treated as the correct record. The register is operated by the registry branch of InternetNZ (“registry”).
4.2 In order to have a domain name, it is necessary that the registry store your personal information on the register.
4.3 When a domain name is no longer registered in your name, the registry will continue to store your personal information (“historical personal information”). Historical personal information may only be disclosed where authorised or required by New Zealand law.
4.4 To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by New Zealand law.
4.5 Despite clause 4.4, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.
5.1 DNC is the entity which regulates the .nz domain name market space.
5.2 DNC provides a domain name registration data query service (“Query Service”) (see section 21 of .nz Operations and Procedures policy for further details). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL’s website. Subject to the Individual Registrant Privacy Option (“IRPO”) referred to in clause 5.7 below, in response to a Query, registrants’ personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name).
5.3 When a name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service.
5.4 To the extent GDPR applies, EU registrants have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because without the Query Service, the integrity of the .nz domain name space would be significantly undermined.
5.5 For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service.
5.6 To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause 5.5. However, any withdrawal of consent is without prejudice to DNC’s position that it has a legitimate interest in disclosing the personal information on the Query Service.
5.7 The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service (“Withheld Data”). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz Operations and Procedures policy for further details).
5.8 Despite clause 5.7, Withheld Data may be released in the following circumstances:
Where applications are made by any person, entity or organisation who have established a legitimate need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);
Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with the force of law (see sections 22.23-22.24 of .nz Operations and Procedures policy);
Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access, or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedures policy).
5.9 To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.
6. Payment of Fees
6.1 You agree to pay for the services we provide for you.
6.2 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.
6.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
6.4 Our usual fees are for $35+GST for domain registrations, transfers and renewals. We may also charge for assisted domain transfers and domain privacy provided by us. We will tell you before any additional charge is incurred.
6.5 Our prices are stated in New Zealand dollars and exclude GST.
7. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
8. Cancellation of a Domain Name
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.
9. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
9.1 InternetNZ, the registry and any other entity we are in any business relationship with;
9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;
9.3 anyone else we get 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.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
10. Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 9 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 9 then this clause applies.
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 amount of the last month's fee paid by you under this agreement.
11. Law and Jurisdiction Applying to this Agreement
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 15 says otherwise.
To the extent legally permitted:
11.1 all our services are provided under New Zealand law;
11.2 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;
11.3 except as otherwise stated, you may take action against us only in a New Zealand court;
11.4 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.
12. Cancelling the Agreement
12.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
12.2 We may end the agreement for any other reason by giving you one month's notice.
13. More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
14. Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 9 cannot rely on any clause, all other clauses of it are binding.
15. Rights and Responsibilities that Continue
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 - 11, 13 - 14, and this clause 15.
APPENDIX 2: ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.rocketspark.com (our site). This acceptable use policy applies to
- all users of, and visitors to, our site
- the use of any website you create using Rocketspark services or which is hosted by us. You are therefore required to ensure that users of your website observe and comply with the same terms. We will be entitled to treat any breach by you of this policy or use of your website in contravention of this policy as a material breach by you of your agreement with us.
Your use of our site and our services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions of use.
You may use our site and our services only for lawful purposes. You may not use our site or our services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To create any website that promotes or facilitates gambling.
- To create any website that is pornographic or sexual in nature.
- To create any website that would involve the uploading or distribution of content that contravene the content standards referred to below, or that would in our opinion be morally unacceptable or otherwise detrimental to or bring the Rocketspark brand or service into disrepute.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site or services in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site;
- or any equipment or network or software owned or used by any third party or do any of the foregoing in relation to any other Rocketspark subscriber website.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions) or which you upload or distribute, or permit to be uploaded or distributed, to or via your Rocketspark website, and to any interactive services associated with either site.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in New Zealand and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site and services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site or your Rocketspark website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
We are committed to protecting and respecting your privacy.
This policy and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.rocketspark.com you are accepting and consenting to the practices described in this policy.
The data controller is Rocketspark Limited
Information we may collect from you
We may collect and process the following data about you
- Information you give us. You may give us information about you by filling in forms on our site www.rocketspark.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. [In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways
- Information you give to us. We will use this information
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other products or services we offer that are similar to those that you have already purchased or enquired about;
- to provide you with information about products or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data [during the Registration process];
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific postcode). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Rocketspark Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Rocketspark Web Solutions Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Rocketspark customers with customers or leads in the UK/EU
If you store personal information like email addresses or names of customers or potential customers in the EU/UK, you are required to comply with the General Data Protection Regulation (GDPR). As Rocketspark may store your customer/lead data related to online sales or form submissions we have created a Data Processing Addendum for Rocketspark customers who have customers or leads in the EU/UK to demonstrate how Rocketspark is GDPR compliant with regards to how we securely handle your client's personal information.
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us via our contact page.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You can request details of your personal information that we hold, and ask us to correct it, at any time. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law.