Explode's Terms of Trade

Uplink Technology Services Ltd’s (herein referred to as Explode)
Website Development Standard Contact, Terms and Conditions
THE CONTRACT -Explode.co.nz (Explode) agrees to create a website for the client as per the timeline and design details attached to this contract in accordance with the terms of this contract.
PAYMENT - The advertiser agrees to pay the development fee and deposit (if any) to Explode on the payment date(s) set out in the timeline.
OWNERSHIP - Ownership of the website, including all other prepared material, shall remain with Explode at all times until full payment has been made. Release of website to any other entity for any purpose may incur a fee.
WARRANTY -The advertiser warrants that the website: 4.1 Contains no false or misleading material about any product or service; 4.2 Does not infringe any copyright or other intellectual property interests of any person; 4.3 Contains no defamatory material; 4.4 Does not breach any provision of the Fair Trading Act 1986, the Privacy Act 1993 or the Consumer Guarantees Act 1993. 4.5 Conforms to Broadcasting Standards Authority standards, 4.6 May be published by Explode without incurring any liability. 4.7 Explode reserves the right to decline to publish any website and/or content which in its opinion does not comply with the general standards of publishing.
INDEMNITY - The advertiser indemnifies and will keep indemnified Explode against all claims, actions, suits, demands, losses, costs (including solicitor client costs) and expenses of whatsoever nature which may be brought against or incurred by Explode in respect of any commercial being published at the request of the advertiser and the provisions of this clause will apply notwithstanding any subsequent termination of this contract.
OBJECTIONABLE MATERIAL - Explode reserves the right to without notice edit, modify or delete any or all content of a website hosted by Explode, that are deemed objectionable by Explode.  Any cost associated with objectionable material being removed will be charged to the client.
RESERVATIONS - Explode reserves the right (Reservation Event) at any time without supplying any reasons to: 7.1 Refuse to continue hosting the website; 7.2 Terminate the contract;
LIABILITY - Explode shall be under no liability to the client if a reservation event shall occur other than to return to the advertiser any moneys paid in advance in respect of hosting made.
FORCE MAJEURE - In any case where Explode is prevented from or delayed in carrying out its obligation under the contract in consequence of any act of God, accident, fire, flood, earthquake, storm, civil disorder, legislation or by any reason of any other cause beyond its reasonable control, Explode shall be excused from performance of the contract during the period of such delay.
TERMINATION -10.1 In the event of a contract being signed, the advertiser is committed to the agreement and terms of the contract. 10.2 Where the advertiser is in default of payment or is in breach of any other term of the contract Explode may, on seven (7) days' notice to the advertiser, cancel this contract. 10.3 Whether or not it elects to cancel this contract, Explode reserves the right to charge interest at the prevailing Bank of New Zealand commercial overdraft rate at the time of breach on any moneys due and unpaid, together with all costs (including solicitor client costs) relating to the default or breach. 10.4 Without limiting Explode’s right to seek damages for breach or recover moneys owing by the advertiser, the deposit paid (if any) shall be forfeited to Explode and used in payment of any moneys owing by the advertiser and any interest and costs provided form this contract.
ASSIGNMENT PROHIBITED - The advertiser shall not at any time assign or sublease the benefit of this contract to a third party without prior written consent of Explode.
NOTICES - Notices to the advertiser may be sent by mail, email or facsimile to the address, email address or facsimile number set out in the schedule and will be deemed to have been received by the advertiser when in the normal course it would have been received.
NEW ZEALAND LAW -This contract is governed by the exclusive jurisdiction of the law of New Zealand.