Terms & Conditions
1 Information About Us
www.siteclover.com (“the website”) is a site operated by Site Clover (“We”, “Site Clover”, “Us”). We are a business operating in New Zealand under Sian Emslie as a Sole Trader. The name “Site Clover” will appear on cardholder statements for any transactions through this website.
2 Acceptance of Terms
2.1 By accessing the website www.siteclover.com or by accepting and signing a Project Proposal Agreement written by Site Clover or by purchasing or using any of our products or services you agree to be bound by these terms and conditions and any additional terms and conditions written in a Project Proposal Agreement that you have signed. We may change our terms and conditions from time to time and any changes to these terms can be viewed on this website.
2.2 These terms and conditions govern the supply of all products and services by us to you, the user of those products and services, including your use of the website at www.siteclover.com. They are effective from 1 May 2022.
2.4 You must be 18 years old or older to subscribe to our products and services.
3 Duration, Cancellation & Termination
3.1 Your Site Clover service will continue until cancelled or terminated in accordance with these terms and conditions.
3.2 You may cancel your Site Clover service at any time via the Site Clover dashboard. We will deactivate your website within 30 days of submitting your cancellation request. If your cancellation request is sent within 30 days of your next bill cycle you will be charged for the next period. We will not be obliged to make any refund of the balance of any pre-paid billing period. So if, in the case of an annual subscription, you first subscribe in January and then cancel in February the same year, you will not be entitled to a refund for the balance of that year.
3.3 If you commit a breach of this agreement, or if you or third parties via your website are doing anything that jeopardises our service, Site Clover may at its option either suspend your website or terminate this agreement immediately by written notice. Site Clover may also terminate your Site Clover service for any reason by giving at least 3 months notice to you.
3.4 Upon termination of this agreement Site Clover may delete all data relating to your past use of our service. Where possible we will give 30 days notice of the termination of your account, except where our termination is based on your failure to comply with our Acceptable Use policy or for any other material breach. Upon such termination your website will no longer function or be accessible.
3.5 Where you decide to cancel this agreement, you are responsible for extracting your data from your website.
4 Prices, Payment & GST
4.1 Except where stated otherwise, all prices are in New Zealand dollars and are quoted exclusive of GST.
4.2 Payment must be made in accordance with the payment plan that you agree to when you accept and sign a Project Proposal Agreement written by Site Clover and your payment must be made within 30 days of receiving an invoice. We reserve the right to change the day of the month when your payment falls due at a future time by email notice to you.
4.3 Any price changes will be notified by email not less than two months before the change takes effect.
4.4 Failure to pay (including reversal of credit card or other payments) may result in your website being disabled until payment is made, and we may decline to supply any further products or services until payment is made. At our discretion if you do not pay we may cancel your subscription. If we are going to cancel your subscription as a result of your not paying our charges, we will not give you any notice before we initiate action to cancel your account.
4.5 Your invoice will be emailed to you at the email address you supply when you accept and sign a Project Proposal Agreement written by Site Clover. You are responsible for ensuring that your contact details are up to date in your Profile in the Site Clover Dashboard Settings.
4.6 You are responsible for paying GST and all other taxes. Customers outside of New Zealand may not be liable to pay NZ GST. However, you may be liable to pay taxes in the country where you are located. This is entirely your responsibility.
4.7 You will not be considered to have made any payment until that payment has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we will charge you an administration fee.
4.8 If you have not paid in full within 30 days of receiving an invoice, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until the account is paid in full.
5 Services and Service Levels
5.1 We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert and contact you about upgrading your Site Clover subscription to higher resources in this case.
5.2 Site Clover uses security practices to keep your data safe from hackers but unfortunately cannot guarantee that its service will be free from external attacks such as hackers and viruses. We cannot also guarantee that the service will be free from error or delay or that it will always be available to you.
5.3 Site Clover backs up all database data (website settings and content) and all uploaded files every 24 hours. Each backup is stored for 30 days. We will not be responsible for any loss, damages or costs incurred through your failure to back up data or to secure your computer system.
5.4 Site Clover can provide up to 10 email accounts as part of your Site Clover subscription. Our mail server imposes a hard limit of 10 emails per minute per source IP address. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. Our email solution may block mail that violates this restriction. Email accounts we provide are limited to 100MB of total storage with file attachments limited to 15MB. Additional storage cannot be purchased.
5.5 Links and information within Site Clover Support regarding third party products are for informational purposes only and are not supported by Site Clover.
5.6 Your email can be accessed via a web based interface or via your existing mail program such as Outlook or Mail. Site Clover will provide support to ensure that your webmail is working correctly. Where we have developed instruction guides for email integration, we will provide those instruction guides to you. However, we cannot guarantee that you will be able to make your email integrate just by using those guides.
5.7 We will provide tools and guidance to enhance your search engine position but we cannot guarantee your position as there are factors that affect your search ranking that are beyond our control. For example, the number of relevant links you have to your site from external sites significantly affects your search ranking.
6 Intellectual Property Rights and Licences
6.1 You agree that all intellectual property that forms part of the Site Clover website, our products or any of our services including software, processes, support material and trademarks, together with all intellectual property in any text, software, music, sound, photographs, graphics, video, design or other content which is not client content (as defined in 6.6 below) remains the property of Site Clover or its suppliers and must not be copied or modified. This includes any copies of or improvements, developments, modifications or changes to them, or to any patents, copyrights, trademarks, internet protocol or other electronic addresses, numbers or codes allocated to you. You may not sell, licence or provide any of these to anyone else without our written permission.
6.2 Except to the extent required to enable you to use the Site Clover service, or as otherwise agreed in writing by us, Site Clover does not give you any right or licence to use any intellectual property of Site Clover or its suppliers. You must not copy, reverse engineer or decompile any of our intellectual property or interfere or tamper with any of our products, websites or systems. You must not cause or permit anything to be done which may interfere with, damage or endanger the systems, websites, trademarks or other intellectual property rights of Site Clover or its suppliers, or assist or allow others to do so.
6.3 You acknowledge and agree that any suggestions you provide for improvement of our service shall become part of Site Clover’s intellectual property for the purpose of enhancing our service.
6.4 You represent and warrant that you are not using Site Clover’s paid for service for the purpose of evaluating or copying our intellectual property or the intellectual property of our suppliers.
6.5 You may not use Site Clover’s trademarks unless express permission is provided in writing by Site Clover.
6.6 All intellectual property rights in any text, software, music, sound, photographs, graphics, video, design or other material which you upload or post to your Site Clover website or which Site Clover uploads or posts on your behalf (collectively “client content”) shall remain your or the relevant licensor’s property and, in accordance with the Acceptable Use Policy, you shall not upload or post any content that infringes the intellectual property rights of any party unless you have the permission of the owner.
6.7 We may ask you to use your Site Clover website or content displayed on it for promoting Site Clover and its services. We will not display or reproduce your content without your permission.
7 Compliance with Site Clover Policies
8 Disclaimer of Warranties
8.1 Your use of Site Clover service and products is at your sole risk. We make no warranties in relation to the Site Clover website or its contents including but not limited to security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability and completeness of the material, services, software, text graphics and links on our website.
8.2 We do not guarantee that our site or services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and use our services. You should use your own virus protection software.
8.3 We are not responsible for the content of websites used by other clients of Site Clover and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such other websites.
9.1 You agree to defend, indemnify and hold harmless Site Clover, its officers, directors, employees, representatives and agents from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) alleging or resulting from your use of Site Clover products or services including but not limited to:
- any material which infringes the proprietary or intellectual property rights of any third party;
- any defects in products sold through your Site Clover website.
9.2 We will provide notice to you promptly of any such claim, action or demand as described in 9.1.
10 No Resale of Site Clover Services
You agree not to reproduce, duplicate, copy or sell, resell or exploit for any commercial purposes any portion of Site Clover’s services or products, or access to our website, without our express prior written consent.
11 Limitation of Liability
11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or services or any content on it, whether express or implied.
11.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any of the following:
- use of, or inability to use, our site or services;
- use of or reliance on any content displayed on our site or sites of other clients of Site Clover;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
11.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or services or to your downloading of any content on it, or on any website linked to it.
11.5 We assume no responsibility for the content of websites linked on our site or other websites using the Site Clover service. Where links are provided to other websites such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.6 Subject to clause 11.1 to 11.5 inclusive, our total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of one year’s subscription for the service you purchase
11.7 Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.
11.8 To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any rights you may have under the Consumer Guarantees Act 1993.
12 Force Majeure
12.1 We will not be liable to you for any losses caused by events beyond our reasonable control.
12.2 Site Clover shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service.
13 Governing Law and Jurisdiction
13.1 These terms and conditions are governed by New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. We both agree to the exclusive jurisdiction of the courts of New Zealand.
13.2 You agree to use our Site Clover website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
14 General Conditions
14.1 We may transfer our rights and obligations under this contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
14.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We are committed to protecting and respecting your privacy.
This policy and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.siteclover.com you are accepting and consenting to the practices described in this policy.
Information we may collect from you
We may collect and process the following data about you
- Information you give us. You may give us information about you by filling in forms on our site www.siteclover.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, email address and phone number, financial and credit card information, personal description and photograph
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. [In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
We use information held about you in the following ways
- Information you give to us. We will use this information
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other products or services we offer that are similar to those that you have already purchased or enquired about;
- to provide you with information about products or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details onto third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data [during the Registration process];
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may share your information with selected third parties including:
- Business partners, suppliers and subcontractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific postcode). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Site Clover or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Site Clover, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us via our contact page.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You can request details of your personal information that we hold, and ask us to correct it, at any time. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law.
Appendix 2: Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.siteclover.com (our site). This acceptable use policy applies to
- all users of, and visitors to, our site
- the use of any website you create using Site Clover services or which is hosted by us. You are therefore required to ensure that users of your website observe and comply with the same terms. We will be entitled to treat any breach by you of this policy or use of your website in contravention of this policy as a material breach by you of your agreement with us.
Your use of our site and our services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions of use.
You may use our site and our services only for lawful purposes. You may not use our site or our services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To create any website that promotes or facilitates gambling.
- To create any website that is pornographic or sexual in nature.
- To create any website that would involve the uploading or distribution of content that contravene the content standards referred to below, or that would in our opinion be morally unacceptable or otherwise detrimental to or bring the Site Clover brand or service into disrepute.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or resell any part of our site or services in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt: any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site;
- or any equipment or network or software owned or used by any third party or do any of the foregoing in relation to any other Site Clover client website.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions) or which you upload or distribute, or permit to be uploaded or distributed, to or via your Site Clover website, and to any interactive services associated with either site.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in New Zealand and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site and services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site or your Site Clover website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.