Policies

Privacy Policy

We are committed to protecting your privacy. Our policy is to keep the personal information we receive from our dealings with you confidential. We will not share your personal information with any other party other than for the express purpose of delivering your requested product or service.

Terms of Use

1. Introduction
   1.1 "We" / "us" / "our" means First Layer Ltd, a New Zealand incorporated company.
   
   1.2 "You" means the individual, company or other entity requesting us to provide goods or services.
   
   1.3 These terms cover work carried out by us for you. These terms constitute the entire agreement (express and implied) between you and us.
   
   
2. Payment
   2.1 All invoices are sent to you by email. You bear the responsibility to regularly check your email.
   
   2.2 If an invoice is not paid by its due date, then we may suspend our service to you. Before such service is reconnected, you will need to pay us all outstanding amounts plus an account restoration fee.
   
   
3. Liability
   3.1 We shall not be liable (whether due to negligence or any breach of these terms and conditions or otherwise) for:
       a. Damages for any breach to the extent that the damages are attributable to your (or your employees or agents) default, negligence, misconduct or breach; or
       b. Any amounts for any indirect, consequential losses or punitive damages, including in relation to third parties.
   
   3.2 Our maximum liability (in contract and in tort, including negligence or otherwise) for losses incurred by you arising from any error, act or omission by us or breach of these terms will be limited to the value of one months of service.
   
   3.3 We will not be liable for any delay or failure to perform our obligations pursuant to these terms if such delay or failure is due to Force Majeure. For the purpose of this clause, Force Majeure shall mean any act of God, non-supply of services or materials by a supplier of ours, strike, lockout or other labour disturbance or any other event beyond our reasonable control.
   
   3.4 You must give us written notice of any claim within six months of the event; otherwise we will have no liability.
   
   
4. Hosting
   4.1 We will use reasonable endeavours to ensure that sufficient capacity is maintained on our servers to enable you or your users to access our hosting.
   
   4.2 Notwithstanding the above clause, we do not warrant that you or your users will have continuous access to our hosting. We will not be liable in the event that the hosting is unavailable.
   
   4.3 You are responsible for the content of the files on your hosting account, and for the maintenance of such files.
   
   4.4 You undertake to ensure that you, through your hosting, will not:
       a) Infringe any third party intellectual property rights;
       b) Host material which is obscene, offensive, upsetting, defamatory, personally offensive or any way unsuitable for people under the age of eighteen (18) years;
       c) Comprise or be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
       d) Send (or assist in the sending of) spam
   
   
5. Jurisdiction
   5.1 This agreement shall be governed by the Laws of New Zealand. The courts of New Zealand shall have the non-exclusive jurisdiction to hear and determine any claims under or in connection with this Agreement.