What is the FileMaker Business Alliance?
The FileMaker Business Alliance (FBA) is designed exclusively for companies that provide products and services based on the FileMaker product line. This includes FileMaker consultants, trainers, publishers, commercial solution providers, plug-in providers, and hosting companies. Companies looking to increase their business opportunities through exclusive sales and marketing support from FileMaker would benefit from FBA membership. The FBA provides a host of resources including promotional benefits, sales resources, co-marketing opportunities and product discounts to help you grow your business.
What is the FileMaker Technical network?
The FileMaker Technical Network is the free-to-join community where you can boost your FileMaker expertise, build better solutions and solve your technical challenges. If you're building FileMaker solutions, this is the place for you.
Welcome to our FileMaker Hosting and Web Hosting Agreement Terms and Conditions.
This Web Hosting Agreement (the "Agreement") governs your purchase and use, in any manner, of all Web Site Hosting Services, including the Shared Hosting Services, FileMaker Hosting Services and Co-Location Hosting Services, (collectively, the "Services").
1. Agreement
BY HOSTING YOUR ACCOUNT WITH EMARKETING OR E-BUSINESS.CO.NZ ("The Supplier") AND BY ORDERING OUR SERVICES YOU ARE EXPLICITLY, EXPRESSLY, AND UNEQUIVOCALLY AGREEING TO THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT TAKES A CONTRACTUAL EFFECT IMMEDIATELY FROM THE MOMENT YOU CONNECT TO ANY HOSTED SERVICES OR SIGN THE PURCHASE ORDER, AGREE TO THE QUOTATION OR CONFIRM BY EMAIL.
2. Services
2.1 Inclusions
"The Supplier" is providing a range of taylor made hosting services.
2.1.1Web Hosting
(as per taylor made specifications)
2.1.2 FileMaker Database Hosting
FileMaker Server for FileMaker versions 7, 8, 8.5, 9, 10 and 11.
(as per taylor made specifications)
2.1.3 Lasso Middleware Hosting
(as per taylor made specifications)
2.2 Not included in the hosting agreement
Hosting services do not include other professional services, and hosting is in no instance related or combined with our other professional services as listed here:
- FileMaker Consulting Service
- FileMaker Development Service
- FileMaker Training Service
- FileMaker Technical Support Services
- On Site Support, Set-Up and meetings
To have access to the above services, an additional service agreement has be be entered in writing and agreed by "The Supplier" for each type of service.
2.3 Courtesy Services
From time to time, "The Supplier" may conduct some support services as a courtesy (good will, non contractual services). However, any courtesy service offered or conducted by "The Supplier" does not represent any entry into a service agreement and is conducted without any guarantee, warranty or liability and may be withdrawn at the discretion of "The Supplier" at any time, without notice.
3. Charges
All payment is in New Zealand Dollar currency. All accounts are set up on a pre-pay basis. To start an account, requires at least the first 1-3 months, plus any set-up fees before "The Supplier" initiate the Services. After that you may select to pay per month, per quarter or per year (annual). Annual payment comes with a 5% discount. All pricing and account configurations are guaranteed only for the term of pre-payment. In other words, if you pre-paid your account for 3 months, and prices go up or account configurations change, your account may be subject to the new terms when you renew it at the end of your pre-pay term. "The Supplier" reserve the right to change prices and configurations at any time, unless other terms have been agreed upon on an individual basis. If you choose not to pay by direct debit / Internet, "The Supplier" charges a $4 per invoice handling charge to email invoices. Prices are exclusive of any applicable taxes such as GST.
4. Late Payments
"The Supplier" will email or mail the invoices, with payment due by the 1st of the month or earlier if stated on the invoice. If payment is not received within thirty (30) days of the due date, "The Supplier" may suspend any and all Services. If payment has not been received within sixty (60) days from the due date, "The Supplier" will delete all files from its servers and will send all account information to a collection agency for collection. In addition, your failure to fully pay any fees and taxes within thirty (30) days after the applicable due date will be deemed a material breach of this Agreement, our suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstated of Services. The minimum fee for reinstated the services is NZ$300. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
5. Liability and Obligations on Termination
Should the Agreement expire or be terminated for any reason, "The Supplier" will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to us as provided in this Agreement.
6. Termination, Cancellation and Refund Policy
"The Supplier" may terminate this Agreement at any time and for any reason by providing to you thirty (30) days prior written notice of termination, unless any of the conditions in Section 6 are met (see below). Via Email: If you wish to cancel your account, please send an email with your name, address and phone number, your domain name or account name to billing@e-business.co.nz, along with the date you wish to cancel service.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
(a) THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED.
(b) "The Supplier" SHALL NOT BE LIABLE FOR (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF "The Supplier" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "The Supplier"'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO "The Supplier" DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS "The Supplier" WOULD NOT ENTER INTO THIS AGREEMENT.
8. Governing Body
This Agreement shall be governed solely by the laws of New Zealand.
9. Amendment of above agreement
Any amendment of the above agreement need to be in writing and confirmed in writing by the "The Supplier".
Last edited: 19.4 2008
This Web Hosting Agreement (the "Agreement") governs your purchase and use, in any manner, of all Web Site Hosting Services, including the Shared Hosting Services, FileMaker Hosting Services and Co-Location Hosting Services, (collectively, the "Services").
1. Agreement
BY HOSTING YOUR ACCOUNT WITH EMARKETING OR E-BUSINESS.CO.NZ ("The Supplier") AND BY ORDERING OUR SERVICES YOU ARE EXPLICITLY, EXPRESSLY, AND UNEQUIVOCALLY AGREEING TO THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT TAKES A CONTRACTUAL EFFECT IMMEDIATELY FROM THE MOMENT YOU CONNECT TO ANY HOSTED SERVICES OR SIGN THE PURCHASE ORDER, AGREE TO THE QUOTATION OR CONFIRM BY EMAIL.
2. Services
2.1 Inclusions
"The Supplier" is providing a range of taylor made hosting services.
2.1.1Web Hosting
(as per taylor made specifications)
2.1.2 FileMaker Database Hosting
FileMaker Server for FileMaker versions 7, 8, 8.5, 9, 10 and 11.
(as per taylor made specifications)
2.1.3 Lasso Middleware Hosting
(as per taylor made specifications)
2.2 Not included in the hosting agreement
Hosting services do not include other professional services, and hosting is in no instance related or combined with our other professional services as listed here:
- FileMaker Consulting Service
- FileMaker Development Service
- FileMaker Training Service
- FileMaker Technical Support Services
- On Site Support, Set-Up and meetings
To have access to the above services, an additional service agreement has be be entered in writing and agreed by "The Supplier" for each type of service.
2.3 Courtesy Services
From time to time, "The Supplier" may conduct some support services as a courtesy (good will, non contractual services). However, any courtesy service offered or conducted by "The Supplier" does not represent any entry into a service agreement and is conducted without any guarantee, warranty or liability and may be withdrawn at the discretion of "The Supplier" at any time, without notice.
3. Charges
All payment is in New Zealand Dollar currency. All accounts are set up on a pre-pay basis. To start an account, requires at least the first 1-3 months, plus any set-up fees before "The Supplier" initiate the Services. After that you may select to pay per month, per quarter or per year (annual). Annual payment comes with a 5% discount. All pricing and account configurations are guaranteed only for the term of pre-payment. In other words, if you pre-paid your account for 3 months, and prices go up or account configurations change, your account may be subject to the new terms when you renew it at the end of your pre-pay term. "The Supplier" reserve the right to change prices and configurations at any time, unless other terms have been agreed upon on an individual basis. If you choose not to pay by direct debit / Internet, "The Supplier" charges a $4 per invoice handling charge to email invoices. Prices are exclusive of any applicable taxes such as GST.
4. Late Payments
"The Supplier" will email or mail the invoices, with payment due by the 1st of the month or earlier if stated on the invoice. If payment is not received within thirty (30) days of the due date, "The Supplier" may suspend any and all Services. If payment has not been received within sixty (60) days from the due date, "The Supplier" will delete all files from its servers and will send all account information to a collection agency for collection. In addition, your failure to fully pay any fees and taxes within thirty (30) days after the applicable due date will be deemed a material breach of this Agreement, our suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstated of Services. The minimum fee for reinstated the services is NZ$300. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
5. Liability and Obligations on Termination
Should the Agreement expire or be terminated for any reason, "The Supplier" will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to us as provided in this Agreement.
6. Termination, Cancellation and Refund Policy
"The Supplier" may terminate this Agreement at any time and for any reason by providing to you thirty (30) days prior written notice of termination, unless any of the conditions in Section 6 are met (see below). Via Email: If you wish to cancel your account, please send an email with your name, address and phone number, your domain name or account name to billing@e-business.co.nz, along with the date you wish to cancel service.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
(a) THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED.
(b) "The Supplier" SHALL NOT BE LIABLE FOR (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF "The Supplier" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "The Supplier"'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO "The Supplier" DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS "The Supplier" WOULD NOT ENTER INTO THIS AGREEMENT.
8. Governing Body
This Agreement shall be governed solely by the laws of New Zealand.
9. Amendment of above agreement
Any amendment of the above agreement need to be in writing and confirmed in writing by the "The Supplier".
Last edited: 19.4 2008