Localist Get a Site product schedule

About Get a Site

This product schedule applies to Get a Site in addition to our terms of business, advertising policy and our other terms and conditions and policies (all of these are available at www.localist.co.nz/p/legal-stuff). If you haven’t already, you should read and consider these terms carefully. We may want to change these terms from time to time, so keep an eye out, as we will publish our amended terms and conditions on our website. Continuing to use or receive our products and services will mean that you agree to our changes.
 
You will need a Marketplace listing to Get a Site!  If you don't already have a Marketplace listing, all you need to do is sign up online or talk to your business development manager.  
 
Localist or its agents will provide for your business:
  • A domain name for your business to use for the duration of the contracted period
  • Your choice from a large range of website templates
  • A licence to use the website of your choice for the contracted period
  • A professional copyrighting service to design and populate up to 5 pages of the website, you can add up to 5 more pages of content (10 in total)
  • Access to a password protected content management system that will help you update your website
  • Training documentation to use the content management system
  • Google Analytics tool to help you monitor the effectiveness of your website
  • Helpdesk support
  • Bespoke solutions can also be provided on request.  Payment will be required upfront.  Price on application.
Please note that this product is not available to our Adult Entertainment or Massage Parlour customers.
 
There is a minimum period of 12 months for Get a Site.  You will be contacted prior to the expiry of the 12 month period and advised to contact Localist within the notification period if you do not wish the contract to roll over for a further 12 month term.  Unless we hear from you, your Get a Site contract will automatically roll over for another 12 month term.
 
Domain Name
Localist or its agent will provide you with a domain name at no additional charge while you are signed up to a Get a Site contract.  The domain name that you choose must clearly relate to your business.  Localist reserves the right to refuse an application for a domain name at its sole discretion if the domain name is not obviously related to your business.  We can’t guarantee that the domain name that you wish to use will be available.  The domains currently available include:
  • .nz
  • .com
  • .org
  • .net
You will not own the domain name, but it will be registered on your behalf and hosted for the contract period.  As part of the registration process, you will be required to agree to the attached End User Agreement with the domain name host.  For the purposes of the End User Agreement you are the “customer” and you agree to comply with the terms of the End User Agreement, and understand that a breach of the End User Agreement may result in the termination of your domain name.
 
Your domain name registration will roll over for a further 12 month period unless you choose not to continue with your Get a Site contract at the end of the contract period.
 
If you want to continue to have the right to use the domain name you have chosen after your Get a Site contract has expired, there will be an ongoing annual payment for continued use of the domain name.  You will be required to find an alternative domain name provider, at your own cost.  If you fail to renew or transfer your domain name, it will expire and all associated services will immediately terminate.
 
Website Template
You will not own your website, but you will be licensed by Localist to use the hosted standard website template of your choice for your business over the contracted period.
 
We will provide you with a copyrighting service to design and populate up to 5 pages of the website.
 
Website Content
Any content that you provide for the website must comply with our Advertising Policy.  The text copy you provide will be edited by us.  You will need to provide any imagery that you’d like to use, in high resolution format, if you’re not using our stock imagery.  Remember that you must own or have the right to use your images, and that if you are using our stock imagery, you won’t have exclusive rights to the image you choose.  This means that someone else could be using the same image in their website.   
 
Edits
You’ll be able to review and provide feedback on the professionally designed website, and be entitled to three rounds of professional edits to the website during the first 12 months of the contracted period.  Any additional edits or change requests will be subject to an additional charge advised on application.  
 
Support
We will provide support for your technical and other enquiries through a dedicated Get a Site phone number (advised to you) between the hours of 9.00 AM and 7.30 PM on Wellington business days.  Outside of these hours, there will be an answerphone service.
 
What happens if I don’t renew my contract with Localist for Get a Site after the end of the 12 month period?  
The fee for Get a Site enables you to have continuing access to the website.  If you choose not to renew your 12 month contract, your right to use the website will end.  
 
Can I still use the website?
Localist has the right to delete your backup file 30 days after the expiry of your 12 month contract, in the event that you do not choose to renew your contract.  You may request a copy of the backup file of your website content which we will provide at a cost of $250.00 (excluding GST).  
 
Can I still use the domain name?
On expiry of your contract with Localist, you can also maintain registration of your domain name however you will be responsible for renewing with the existing provider or finding a new domain name host and transferring your registration. We’ll assist you with this where possible.
 
Social media sites
Where you choose to maintain a social media presence or link the website to social media sites, you will be solely and completely responsible for managing your ongoing content, including maintaining and updating content and links and responding to posts from users of social media sites.  Each social media site is governed by its own terms and conditions, which change from time to time.  When you join a social media site, you agree to comply with those terms and conditions.  
 
Fair Use
You understand that your website constitutes an ‘advertisement’ for the purposes of Localist’s Advertising Policy and Terms of Business, and also agree not to use the website for:
  • Mass whois queries or spam whether for the purpose of marketing activities or otherwise
  • Activities that defame, harm, harass or threaten third parties
  • Activities prohibited by New Zealand law
  • Marketing of adult entertainment or massage parlours
  • Links to any of the above.
Charges and Payment
The charges for Get a Site are set out on our website and will be listed on your sales order. We may change our charges for Get a Site from time to time, unless we have agreed in our sales order to charge you a fixed price for a defined period of time. Where we have agreed in our sales order to charge you a fixed price for a defined period of time, once that period expires you will be charged at our then-current charges.  
 
Where fees are not received in accordance with any fee payment schedule set out on your sales invoice, Localist reserves the right to suspend or terminate the hosting of the domain name and/or website and/or access to the website until payment has been received.
 
Legal status and liability
The provision of Get a Site does not create any partnership or agency between Localist and the available social media sites or the domain name host.  You are responsible at all times for any content that you publish on the social media sites.  The contracts that you enter into to use the domain name and respective social media sites will not be with Localist, but between you or your business (as the case may be) as account holder or customer, and the domain name host/respective social media site as service provider.   
 
The social media sites and domain name hosting services are provided by third parties, not Localist, and to the greatest extent permitted by law, we exclude all guarantees, representation, terms and warranties.  
 
We will not be liable for any loss or damage (direct or otherwise) that you suffer in connection with your use of any of the domain name or available social media sites, or the website or hosting thereof.
 
You confirm that you have the right to use the name that you include in your application for a domain name.  In no circumstances will Localist accept any ‘cyber squatting’ where the domain name is not obviously related to your business.
 
You agree, in the event that Localist or the domain name host receive notification from a third party that his/her/its rights have been infringed, you will co-operate with Localist and the domain name host and do all things necessary to minimise the detrimental impact of any actual or potential claim (including transferring the domain name to a third party, where necessary).  
 
You further agree to indemnify Localist in the event that Localist incurs any liabilities, damages expenses (including legal costs) arising as a result of any alleged infringement or use of any third party’s intellectual property rights in respect of the website content or domain name.
 
Ownership and intellectual property rights
Localist is licensed to provide you with the right to use the website template for the duration of your Get a Site contract with Localist.
 
You will continue to have the right to use the domain name as long as the domain name is renewed and paid for in accordance with these terms and/or the End User Agreement with the domain name host.
 
You own all original content produced as part of your website, unless we have used any content licensed from a third party, like stock images, to create the website content.
 
You appoint us or our licensor as your agent to carry out the required work to design, build, host and maintain your website (as the case may be) in accordance with these terms and the Terms of Business, and you agree to provide us or our licensor with any password(s) required to carry out this work on your behalf.  Localist agrees to use the password only if necessary for the purpose of it or its licensor carrying out this work, and not to disclose it to any third party, and to delete reference to the password upon completion of the required work.
 
You grant us a perpetual, royalty free, non-exclusive and irrevocable licence or sub-licence to use, copy and modify all content produced as part of your website.  This means that we can use your website content on the Localist website, and for other activities (like showing other possible customers an example of Get a Site).  
 
Contact Details and Data
You agree to provide us with true and accurate contact details for your domain name registrations and to update those details as they change from time to time.
 
You acknowledge that Localist and its agents providing the service may require access to information provided by you (including personal identification information and registration data and other information about your own customer’s that may come into our knowledge, possession or control as a result of providing the service) to fulfil our obligations to you.  You agree that we may store, disclose and use information obtained to the extent and only in such manner as that storage, disclosure and use shall be for the purposes of performing the services.  We will not compile, rent or sell to others any lists containing your personal information for direct marketing or other purposes.
 
Disclaimer
Localist will endeavour to provide the Get a Site service 24/7 but there may be times when the service is interrupted beyond Localist’s control.  Limited maintenance work will also be carried out, outside of usual business hours (8.30 am to 5.30 pm).
 
Termination
Localist may terminate your Get a Site service immediately on notice to you in the event that you breach any of these terms or for any other reason notified to you.  
 
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