1. Limitation of Liability Original Image Limited shall not be liable for:
(i) Any incidental consequential direct damages (including but not limited to damages for loss of profits, business interruption, loss or programmes or information and the like) arising out of the use of or inability to use the Products and Services, or any information or transactions provided on the Products or down loaded from the Products and Services or any delay of such information or service. It is accepted by the parties that even if Original Image Limited or its authorised agents or representors have been advised of the possibility of such damages or any claim attributable to errors, omissions or other inaccuracies in the Products and Services and/or materials or information used through the Products and Services Original Image shall not have any liability but shall make its best endeavours to ensure the certainty and integrity of its Products and Services without in any way obtaining obligations.
(ii) Original Image Limited does not accept nor shall it have to assume any responsibility or liability for the content or use of the Products and Services by the Client and the Client indemnifies Original Image Limited in respect of all data placed on the Products and Services and agrees to hold and indemnify and save harmless Original Image Limited, its officers, directors, employees, agents, licensors, suppliers and any other third party in respect of information provided to the Products and Services by any other person accessing the Products and Services .
(iii) Original Image Limited does not warrant that the functions contained in the Products and Services meet the Clients requirements or that the operation of the Products and Services will be uninterrupted or error free.
(iv) It is accepted that the Original Image Limited shall not be responsible for the performance of the Products and Services but it will make all reasonable endeavours to ensure the proper and efficient performance of the Products and Services at all times but cannot be held responsible for outages or faults in any system and does not guarantee and shall not be liable or warrant that files available for down loading through the Products and Services will be free of infection or viruses, worms. Trojan horses or other code that manifest contaminating or constructive properties.
2. Back Up Copy You agree to maintain a current copy of all of your content hosted by Original Image.
3. Intellectual Property The Client acknowledges that all intellectual property rights including copy right relating to the Products and Services are the sole property of Original Image Limited and agrees to keep such intellectual property rights confidential to the extent that they are not public knowledge. The Licensee acknowledges that it does not obtain either under this Licence or by reason of its use the Licence any right to copy the materials comprising the Products and Services or any right to use the Products and Services after this agreement and licence is terminated.
4. Mediation If any question or difference whatsoever shall arise between the parties concerning this Licence or any provision of it or the construction of this Licence or as to any matter in any way connected with or arising out of the Licence or the rights, duties or liabilities of either party hereto which cannot be resolved amicably within two (2) weeks then in every such case the matter in dispute shall be referred to mediation. The Mediator shall be appointed by both parties. Where the parties cannot agree within fourteen (14) days, a Mediator shall be appointed by the Chairperson or other office holder of the New Zealand Chapter of LEADR. The Mediator shall conduct a mediation in accordance with the guidelines agreed between the parties or, if the parties cannot agree within fourteen (14) days after appointment of the Mediator, either party may request the Mediator to set the guidelines which shall govern the mediation. The costs and expenses of the Mediator shall be shared by the parties equally.
4. Acceptance of Agreement It is the responsibility of our Clients who use our Products and Services to read and accept these conditions before using any of our Products and Services. By engaging our Products and Services the client is stating that they agree with all of our terms & conditions, and any applicable domain registry terms and conditions, and understands them fully.