Acceptance of Terms and Conditions

These Terms and Conditions shall apply to the services provided by this SurfSpot and are offered by Serverworks Limited ("Serverworks"). Before using the services provided by the SurfSpot the user must read and accept these Terms and Conditions.

Charges

By accepting these Terms and Conditions and logging onto the SurfSpot system you agree to pay the prescribed charges due pertaining to site from which the service is accessed – as detailed in the Pricing page - for the services provided through the use of the SurfSpot system by either:

The purchase of a pre-pay scratch card from the Host.

A debit to the user’s credit card.

In the case of the latter a credit card authorisation (“pre-auth") will be made immediately upon each logon to the SurfSpot system. This will be used to cover the charges you may incur whilst using the system and will be equivalent to (but not limited to) the maximum daily charge as advertised at the time of use. Please note this process validates the credit card and protects both the cardholder and merchant from increasing fraud incidents. The pre-authorised amount is set aside by the credit card company and will affect your available funds balance or spending limit. For more information on this practice we suggest the cardholder contact their card issuer.

All charges made are in New Zealand Dollars (NZD).

Use of SurfSpot

The user agrees not to use any fraudulent credit card details in order to access the services provided by the SurfSpot.

The user agrees not to use the services provided by the SurfSpot to engage in any activity which facilitates or encourages unsolicited email including without limiting the generality of the foregoing, “spamming" and “mail bombing".

The user agrees not to use the services provided by the SurfSpot to attempt to gain any unauthorised access to any part of the internet that is not available to the public or engage in any form of “hacking".

The user agrees not to use the services provided by the SurfSpot to view or to post any obscenity, pornography or any other offensive material.

The user acknowledges that the services provided by the SurfSpot may from time to time be unavailable due to repairs or maintenance or server or capacity issues or telecommunications network issues. Serverworks does not in any way warrant or guarantee continued access to the services.

Limitation of liability

Serverworks shall not be liable for any financial or consequential loss (including loss of profits) to the user (whether in contract, tort or otherwise) and all such loss is hereby excluded. Serverworks’ liability is limited to the value of the charge for any service provided via the SurfSpot.

Serverworks assumes no responsibility nor has any liability to the user or any third party for any viruses or spyware or any damage or loss caused by any virus or spyware that may result to the user or the user’s operating system.

Indemnity

The user indemnifies Serverworks against all costs, claims, losses, liabilities, damages and proceedings incurred by Serverworks whether directly or indirectly as a result of any negligent act, omission or breach of these terms by the user.

Dispute Resolution

Where you believe we have failed to meet our obligations, you must immediately contact the Support Line by calling FreePhone 0508 SURFSPOT (0508 787 377) or by sending an email to support@surfspot.co.nz to log a dispute with one of our Support Technicians. A refund will only be considered if the Support Technician determines that the SurfSpot system was indeed at fault. This determination can only be made at the time of the alleged incident. The Support Technician will make their recommendation to the Management Team of Serverworks Limited who will either authorise the refund to be made, or a written explanation will be supplied (by way of email to the address you have given) as to why the refund was declined within seven (7) working days of the dispute being logged. Working days do not include Saturday, Sunday, or any New Zealand Public Holiday.

Governing Law

The terms and conditions are governed by the laws of New Zealand and the user agrees to submit to the exclusive jurisdiction of the New Zealand High Court.

General

The user acknowledges that from time to time Serverworks shall update these terms and conditions and that the revised terms shall come into effect when they are posted. The User agrees to be bound by any such updates and changes.

The terms and conditions represent the entire terms and conditions in relation to the use of this website or membership, and all other representations, undertakings, promises whether written or verbal, express or implied, are hereby excluded.