1.1 As a customer of Codenza Limited these standard terms form the basis of Codenza’s contract with you. Our contract with you may also include
i) your application form
ii) a Service Level Agreement (SLA) iii) a development contract.
2 Our Commitment of Service to You
2.1 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.
2.2 Support is available during standard office hours from 8:00am to 6:00pm Monday to Friday excluding public holidays. Support calls and emails outside these hours may be chargeable.
2.3 Daily data backups shall be made. The actual data backed up is not covered in this document but will be specified in the service provided. Codenza reserves the right to charge for restoring data where the reason for the restoration is beyond our control.
3 Your General Responsibilities
3.1 You agree that you will:
a) Pay each bill by the due date for payment set out in it. If you do not we may elect to charge you interest at 2% per month on the overdue amount from the due date until payment of the relevant amount. We reserve the right to charge you late payment fees and disconnection fees and will advise you via email if this is to occur due to non payment of your account. 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 when due.
b) If you have a genuine dispute in relation to amounts we have charged you, this must be reported to Codenza before the invoice due date. 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.
c) Ensure that all of the information you give us is correct and complete. Comply with any legal requirements concerning the use of our services.
d) 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 a
3.2 We may at our discretion request a credit report from a third party. By accepting these Terms and Conditions, you authorise us to use the information supplied for credit checking purposes only.
3.3 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.
3.4 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.
3.5 You are responsible for insurance cover for any hardware owned by yourself and installed on our network.
4 Termination and Suspension
4.1 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.
4.2 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.
4.3 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.
4.4 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.
5 Compensation and Liability
5.1 We take no responsibility and provide no support for software you install on our network.
5.2 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.
5.3 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:
a) supplying of the relevant services again; or
b) payment of the cost of having the relevant services supplied again
5.4 As stated in section 3.5 you, as a Codenza client, are responsible for insurance of any equipment colocated on Codenzas premises or data center. Codenza shall not be liable for damage or loss of equipment unless through extreme neglect.
6.1 We will deliver our invoices and any other notices to the most recent email address you have given us. We may assume that any such invoice or notice has been received 1 day after we have sent it.
6.2 It is essential that if you change email 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.
7 Compliance With Regulations and Acceptable Use
7.1 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. Codenza will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws.
7.2 Codenza may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with Codenza’s Terms. Codenza may pass on any material or information it finds as a result to the relevant authority if Codenza suspects any illegal or offensive activity is involved, and you will have no claim against Codenza for this.
7.3 Codenza 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 Codenza resources or services to its existing or perspective clients, Codenza reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing, terms and conditions.