My Big Internet
Terms of Service
My Big Internet (The Company) shall provide service to The Client based on the following Terms of Service, subject to change by notice on this page. The Client's use of the service shall serve as full acceptance of the Terms of Service.
Fair Go Policy
The Company will always attempt to meet requests made by clients in respect to designer / developer time, but such requests will be considered within The Company's Fair Go Policy.
(i) Special Requests. This product is quoted on a case by case basis, and terms and conditions, if varied from the general terms and conditions will be noted in the contract, otherwise they are the same as this document.
(ii) Web Services. A service minimum would be considered 5 pages desktop web design with a similar number of pages on a mobile site if included. Additional pages beyond that will be itemised on the Client's invoice. Thereafter a slight refresh of layout and an additional page can be added each year. This is designed and coded content. On top of this The Client can add as many pages as they like using the backend Blog / forum / news / Content Management Service from the 5 pages as a starting point within the applied style. It would not be considered fair to ask a designer to redesign the site every year, incorporate html5 animation on a basic package, or add / delete pages continuously. We will always try and meet requirements, but if the service is being abused / unreasonable requests and revisions are being made The Client will be notified and may be offered the minimum outlined above for a 'cool-off' period, not less than one month. At it's sole discretion, The Company reserves the right to terminate services to the client for any reason, in which case the Company will assess what refund, if any, at it's sole discretion, might be payable to the Client. In special circumstances, and at it's own discretion, the Company may elect to change the level of services provided and continue to facilitate the running of the site or Apps, in which case the Company will at it's sole discretion refund the Client in part for sections of service not provided, but not beyond the lowest level of service. Clients who have a bundled App as part of their package, yet fail to provide interesting enough content to satisfy Apple's moderators, will be given a month of free hosting as compensation. Regrettably we will not be able to offer an App to said Client again. Approval for inclusion in the Apple store will depend on Apple accepting the content as provided, if any, by The Client. Apps will not include game elements and code beyond screens and menus other than Apps quoted. The e-commerce Add-On includes integrating the Add-On to The Client login page, finalising the layout, helping with an application for a merchant account (which will depending on The Client's standing with their Bank) and setting the shop up. It does not include entering stock details, writing product descriptions or maintaining The Client's business records.
The Subscription Service
The Company proudly offers a subscription service. This service allows The Client to purchase The Company's services immediately after the first monthly payment. All services will remain active as long as the subscription is maintained on a recurring billing cycle. The recurring billing cycle is agreed to repeat each month in the case of monthly subscriptions, or each year in the case of annual subscriptions unless 30 days notice is given. The Client accepts increases not exceeding 10% in any given year, and The Company pledges not to raise prices for any given service level by more than 10% to any existing customer. The Company offers both Credit Card (World Wide) recurring billing services or Bank Direct debit Services (New Zealand only). The Company reserves the right to decline or terminate any service from the Client without explanation, justification or comment should it believe, at The Company's sole discretion, that the Client is actively breaking the ToS or engaging in illegal activities. Monthly subscription services are not available to Bartercard clients, although Annual subscription is.
Because The Company offers a 30 day Free Trial of it's backend and web services, and operates a subscription policy where live work is carried out by designers / developers on payment, no refunds are payable for either backdated services or the current month's work.
Non monthly subscription route and Annual Cancellation
The Company may offer a non-subscription route where an annual payment is made. Since the annual subscription route offers a considerable discount, cancellation of service takes effect at the end of the year from when payment was made, and no pro-rata refunds are possible. The Company must be notified 30 days in advance of the recurring annual billing cycle if the Client does not wish to continue.
The Client may give 30 days notice to cancel a monthly subscription, or notice at least 30 prior to an annual renewal - which will be known as the cancellation date. Once this date is reached the site will cease to function, and their App will be removed from any inclusion in Apple, Google, Windows and Blackberry Stores. Add-On features where the Add-On portion is cancelled will cease to function from the cancellation date. Since the annual subscription route offers a considerable discount, cancellation of service takes effect at the end of the year from when payment was made, and no pro-rata refunds are possible. Artwork and photography may NOT be used at the end of the subscription.
The Company is NOT liable for issues arising in loss of service prior to the expiry of contract once notice is given in which The Client has access to Domain settings for the purposes of moving the hosting services to another provider. No support is available during this period as changes are being made by another provider or domain owner, with the domain owner’s authority. If The Client requires The Company to repair errors created by another provider, The Company will provide a quotation for such work, for such work is separate to any existing contract and must be paid prior to any rescue services being provided.
Dishonoured payments or non payment
Should a subscription payment be dishonoured or not met The Client will have 7 days to rectify the situation before access to The Client login will be disabled. The Client will not be able to access workflow data. If the situation continues to be dishonoured then the Cancellation process outlined above will initiate after 14 days (7 days after the login becomes disabled). The site will show a simple page headed "awaiting client instructions" and Email will no longer function. After 21 days the Site will be removed and data may be deleted. Extensions can be granted at the sole discretion of The Company. The Client agrees to unlimited reasonable collection costs in the case of failure to pay including outside agencies, court costs, travel, expenses and including staff time equivalent to our top tier of subscription pro rata for time spent persuing the debt rather than on other projects.
30 Trial Period
This period allows The Client to explore the backend service and set up a temporary desktop website. No credit card details are required. The purpose of this Trial is to allow The Client the opportunity to examine workflows, Content Management Software (CMS), Customer Relationship Management (CRM), Forums, Galleries, News, Blogs, Email Campaigns etc. The Client will be given the opportunity to try the e-commerce features, although this is only available as an Add-On. No work with a designer or developer for an App Store App, Website / Mobile Site will start during this period, although at The Company’s discretion, a designer may contact The Client at this time to help the Client understand the system better. The Client can upgrade to a subscription service and anytime, and The Company will begin work on their App Store App and a developer / designer for this and the Website will be allocated.
Technical Support / Help
Technical support is best rendered by your on-call perpetual developer / designer. Chat facilities are available during certain periods although the best route is always through the Support Ticket system in your dashboard or by email directly with your developers. Users of some packages will be able to access their developer by phone or additionally face to face in our region where in our opinion this is required. If a service is contracted without an on-call perpetual developer / designer, and problems arise, we do not guarantee any turnaround time to fix a problems as additional quotations may be needed. We will try to restore 'down' services within one to four weeks in the absence of a support package. If a support package is ordered, we will try to restore 'down' services within 72 hours.
The Company will never give, sell or make available any details pertaining to The Client to any party unless requested to do so by a Legal Authority, or if it believes The Client is involved in illegal or harmful activities.
The Company operates on internet Tier 1 servers owned by Adobe Inc, with state of the art anti-fraud software.
Revised 5th March 2014 5:42pm