Hosting Terms and Conditions

This Agreement details the terms and conditions governing your use of hosting services made available to you by Enlighten Designs Limited trading as Bronte, also referred to as ‘Bronte’, Enlighten’, ‘Us’, ‘Our’ or ‘We’.

Use of Bronte’s products or services offered on this website, provided by Bronte means you have read and understood these terms and conditions.

This ‘Agreement’ represents the whole agreement and understanding between Bronte and the individual, corporation or organisation who subscribes to the Service henceforth called ‘Customer/s’, ‘You’ or ‘Your’.

PLEASE READ this Agreement carefully. Bronte reserves the right to terminate any transaction, service, account or product, should you be found to be in violation of these terms and conditions.

Signing up for or use of any of Bronte’s services constitutes acceptance and agreement to be bound by these Terms and Conditions, and all other operating rules and policies which are published on this website by us.  We reserve the right from time to time to amend these terms and conditions and policies without notice to you. For the Terms and Conditions, refer to this URL:

Where services beyond Hosting are provided these Terms and Conditions should be read in conjunction with your tailored Partnership Agreement and/or the ‘Enlighten’ Terms and Conditions for other services.

Bronte’s Commitment and Services

Bronte provides a wide range of web-based services, including website hosting, solutions for business, management and maintenance services, and consultancy services.

Bronte endeavours to provide reliable and continuous Hosting services at all times.  However the service cannot be guaranteed to be fault-free and relies on factors outside the control of Bronte.

We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.

Bronte is not responsible for the management of a Customer’s server, including, but not limited to, the maintenance, patching, and upgrading of any software where the Customer does not have a current Managed service. If you require work to be carried out on an unmanaged server, you will be charged by Bronte at the current quoted Services rate based on the time required to carry out the work. Work on managed servers is prioritised over unmanaged servers.

Bronte may notify you of planned outages to carry out maintenance for critical security patching, or general maintenance to ensure the reliability of services provided to you. Wherever possible this work is scheduled to cause minimal disruption to your website.

We provide a backup service for your site.  If you require us to modify or restore your site from backup, you will be charged a fee to cover the cost of a consultant’s time.

We reserve the right to change the nature of a plan with one month’s notice.

Charges & Payment

All payments are to be made in New Zealand dollars (NZD). All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on our website, or as agreed by quotation.  Payment is due in advance of our service being provided.

All pricing on our website or quoted to you are exclusive of GST unless stated otherwise.

You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.

If your account is overdue for a period of 60 days, you are subject to a 10% late fee and/or interruption of service(s) without further notice.

With all disconnections, a reinstatement fee will apply to reactivate the service(s) again.

Term / Termination

Any Hosting service you register for will be treated as a fixed, on-going contract. Should you wish to cancel your service, you are required to provide one month’s notice. Where prior payment for services exceeds the notice period given by you, Bronte will prorate and refund you the unused prepaid service.

All domain registrations are non-refundable due to InternetNZ registrar policies.

You will receive automated email reminders of outstanding and overdue invoices.  After 3 attempts to collect an overdue payment Bronte may restrict or suspend services without notice to you. Such termination or denial of service does not relieve you of any accrued charges and interest.

Upon termination or cancellation of this agreement for non-payment of overdue invoices, no refund or credit shall be deemed payable to you.

If you are a company and you go into liquidation or a receiver is appointed or you enter into a voluntary arrangement with your creditors, at our discretion we may terminate this Agreement without notice to you.

If you breach any of these terms and conditions or our policies published on our website we may terminate this Agreement without providing notice.

Prohibited Conduct

You are responsible for preventing any misuse of your Hosting Service. This means you should ensure it is not used for illegal activities or actions that go against any laws, regulations, licenses, or the rights of others. You should also adhere to our Acceptable Use Policy. This includes:

If you encounter prohibited activities or content, report it by emailing

Limitation of Liability

We provide our service on an “as is” and “as available” basis without warranty of any kind, either express or implied, and use of the service is at your own risk.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via our server/s.

Bronte (Enlighten), or its officers, directors, owners, agents and employees, shall in no way be liable for any direct, indirect, incidental or consequential damages, personal injury, or economic loss resulting from the use of the content or the provision of any product or service or in connection with your website, provided to you.

Nor shall Bronte be liable for any loss or damage resulting from suspension or termination of services for violation of Bronte’s terms and conditions or published policies or non-payment of overdue invoices.

It is your responsibility to maintain adequate insurance cover in respect of any loss or damage to data stored on the server.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of our services shall be limited to a maximum of 12 months charges paid by you in respect of the services which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

Intellectual Property Rights

Bronte (Enlighten) acknowledges that you own all rights, title and interest in Your Intellectual Property.

You acknowledge that Bronte (Enlighten) owns all rights, title and interest in Bronte (Enlighten)’s Intellectual Property.

Each party acknowledges that it will not obtain any right, title or interest in any Third Party Intellectual Property.

You must notify Bronte (Enlighten) of any actual, threatened or suspected infringement of any of Bronte (Enlighten)’s Intellectual Property and of any claim by any third party that any use of the results of the Services (including any use of your Intellectual Property) infringes the rights of any other person, as soon as that infringement or claim comes to your notice.

Bronte (Enlighten) indemnifies you against any claim, suit, action or proceeding (‘Action’) brought against you to the extent that the Action is based on a claim that your use of the Goods or Services provided under this Agreement constitutes a breach of any patent, copyright, trade secret or other proprietary right, provided that Bronte (Enlighten) may at its option and cost defend or settle the Action and you must fully co-operate at all times in defending or settling the Action. Where you fail to comply with obligations under this clause, Bronte (Enlighten) will not be liable to indemnify you against the Action.

Bronte (Enlighten) provides no warranties or indemnities in relation to third party materials or third-party software but will pass on the benefit of any third party warranties or guarantees to the full extent that it is lawfully able (and will take all reasonable steps to assist you to obtain the full benefit of those third party warranties or guarantees).


You agree to indemnify, defend and hold Bronte harmless from and against, and to reimburse Bronte with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, legal fees and any reasonable related incurred by Bronte arising out of or in connection with:

Force Majeure

Without limiting any other provisions of the contract, neither Bronte nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event.

Bronte will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, a weather-related event, earthquake, or other form of natural disaster, power failure, an act of State, labour dispute or other similar events beyond our control that may prevent or delay the provision of services.

The party claiming the benefit of this clause must promptly give written notice to the other party. If a force majeure event continues for more than 30 days, either party may terminate this Agreement.

Nothing in this clause shall excuse payment of any money due or which becomes due under the contract.

Reservation of Rights

At its sole discretion Bronte reserves the right to:

These rights will not be unreasonably exercised.


Your acceptance of these Terms and Conditions implies consent to receive communications from Bronte, or any party acting on the implicit instruction of Bronte, relating to the service(s) you have contracted.


Any notice to be given by Bronte to the Customer must be sent by email to the address supplied by the client as the primary contact.

Any notice to be given by the Customer to Bronte must be sent by email to .

Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation will be in writing via email or as an attachment to an email, and such communication shall be deemed to be received on the day it was sent.


Neither party will make public any matter relating to or arising from this Agreement without the prior written consent of the other party.


Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


If any provision of this Agreement is declared invalid or for any reason is no longer relevant to the supply of goods or services to you, the remaining provisions of this Agreement will continue to apply.

No Waiver

Any failure or delay by either party in exercising any right or remedy will not constitute a waiver of such right or remedy.

Resale of our Services

If you are a reseller of any of our services or act as such in on-selling or otherwise providing to another the services we provide for you, you agree:

Third party products

Bronte may from time to time arrange for your use or license of third-party software, services and products.

Bronte makes no representation or warranty whatsoever regarding such third-party products and related support services and they are provided “as is.”

Bronte will not be held liable for any breach of any terms, agreements or contracts between you and the third party, nor will we be responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party products.


The Customer cannot assign its rights and obligations under any agreement with Bronte without the prior written consent of Bronte.


This Agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.