Jetumo Terms and Conditions

Terms and Conditions

Effective Date: 27 June 2025
Last Updated: 27 June 2025

1. Introduction and Acceptance

1.1 Agreement Overview

These Terms & Conditions (“Terms”) constitute a legally binding agreement between Jetumo, trading under a New Zealand company with company number [On Request] and registered address at [On Request] (“Jetumo”, “we”, “us”, or “our”), and you (“Customer”, “you”, or “your”) governing your use of our hosting services, website, and related products.

1.2 Acceptance

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are agreeing to these Terms on behalf of a company or organization, you represent and warrant that you have the legal authority to bind such entity.

1.3 Business Use

Our services are intended for business and professional use. By using our services, you acknowledge that your purpose is commercial or professional in nature and that the Consumer Guarantees Act 1993 (New Zealand) does not apply where legally excludable.

1.4 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

2. Definitions

“Account” means your registered account with Jetumo through which you access and manage services.

“Affiliate” means any entity that controls, is controlled by, or is under common control with a party.

“Content” means all data, information, text, software, music, sound, photographs, graphics, video, messages, or other materials.

“Customer Data” means all Content that you or your authorized users upload, store, or transmit through our services.

“Documentation” means our user guides, manuals, and technical specifications relating to the services.

“Intellectual Property Rights” means copyrights, trademarks, service marks, patents, trade secrets, and other intellectual property rights.

“Services” means all hosting, domain, email, and related services provided by Jetumo.

“Uptime” means the percentage of time that our servers are operational and accessible over a billing period.

“User” means any individual authorized by you to access your account or use the services.

3. Eligibility and Account Registration

3.1 Account Creation

To use our services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You must:

• Use strong, unique passwords
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• Maintain current contact information

3.3 Account Verification

We reserve the right to verify your identity and may request documentation to confirm your information. We may suspend or terminate accounts that cannot be properly verified.

3.4 Business Verification

For business accounts, we may require additional verification including business registration documents, tax identification numbers, and authorized representative identification.

3.5 Identity Verification and Prohibited Registrations

You may not:

• Create multiple accounts for the same entity without authorization
• Use false, misleading, or inaccurate information
• Impersonate any person or entity
• Use another person’s identity or credentials without authorization
• Register on behalf of prohibited persons or entities under applicable sanctions
• Create accounts to circumvent previous account restrictions or terminations

3.6 Identity Impersonation Policy

Immediate Suspension: Any account found to be using false identity information, impersonating another person or entity, or using unauthorized credentials will be immediately suspended without notice. Jetumo takes no responsibility for any damages, losses, or consequences resulting from identity impersonation by users, including but not limited to:

• Unauthorized domain registrations or transfers
• Misrepresentation to third parties
• Legal or financial consequences to impersonated parties
• Service disruptions or account closures

4. Services Description

4.1 Hosting Services

We provide web hosting services including:

• Server space allocation and bandwidth
• Website deployment and management tools
• Email hosting and management
• SSL certificate provisioning
• Backup services (as specified in your plan)
• Technical support

4.2 Domain Services

When you purchase domain registration through us:

Registration Process:

• You remain the legal registrant of the domain
• We act as an intermediary between you and domain registrars
• We manage DNS settings and technical configuration
• Domain registration is subject to registrar and registry policies

Contact Information Responsibility: You are solely responsible for:

• Providing accurate and complete contact information for domain registration
• Ensuring all registrant, administrative, technical, and billing contact details are correct
• Updating contact information promptly when changes occur
• Verifying that email addresses provided are accessible and monitored
• Maintaining current contact information throughout the domain’s registration period

TLD-Specific Requirements:

• Certain Top-Level Domains (TLDs) require identity verification or specific documentation
• You must provide required verification documents promptly when requested
• Failure to provide required documentation may result in domain registration failure or suspension
• Additional fees may apply for verification services required by registries

Jetumo Disclaimer for Domain Contact Information: Jetumo cannot verify the accuracy, completeness, or validity of contact information you provide for domain registrations. We are not responsible for:

• Inaccurate or outdated contact information in domain WHOIS records
• Failed domain-related communications due to incorrect contact details
• Domain suspension, cancellation, or transfer issues resulting from invalid contact information
• Regulatory compliance failures related to inaccurate domain contact data
• Third-party claims or disputes arising from domain contact information

Domain Transfers:

• Domain transfers are subject to standard transfer procedures and policies
• You must ensure authorization codes and contact information are current
• Transfer completion depends on compliance with registrar requirements

4.3 Add-on Services

Additional services may include:

• Content management and creation
• Search engine optimization
• Website migration assistance
• Enhanced security features
• Performance optimization

4.4 Service Limitations

Services are subject to:

• Resource allocations as specified in your plan
• Bandwidth and storage limitations
• Geographic availability restrictions
• Third-party service provider limitations

4.5 Beta Services

We may offer beta or preview services that are:

• Provided “as-is” without warranties
• Subject to modification or discontinuation
• Not recommended for production use
• Excluded from standard SLA commitments

5. Payment Terms and Billing

5.1 Fees and Charges

You agree to pay all fees and charges associated with your selected services. All prices are listed in USD unless otherwise specified and exclude applicable taxes unless explicitly stated as tax-inclusive.

5.2 Automatic Billing and Renewal

Unless you disable automatic renewal:

• Services will automatically renew for equivalent periods
• Your payment method will be charged at current rates
• You will receive advance notice of renewal charges
• You may disable automatic renewal at any time before the renewal date

5.3 Payment Methods

We accept major credit cards, PayPal, and other payment methods as available. You authorize us to:

• Store your payment information for recurring charges
• Charge your payment method for all fees and applicable taxes
• Update payment information through card updater services

5.4 Failed Payments

If payment fails:

• Services may be suspended after 3 days
• Account may be terminated after 14 days of non-payment
• You remain liable for all outstanding charges
• Reactivation fees may apply

5.5 Late Payment Charges

Late payments may incur:

• Interest charges of 1.5% per month or maximum allowed by law
• Administrative fees for payment processing
• Collection costs and legal fees if collection action is required

5.6 Taxes

You are responsible for all applicable taxes, duties, and governmental charges. We will add applicable taxes based on your billing location. For business customers, valid tax exemption certificates must be provided.

5.7 Disputes and Chargebacks

If you dispute a charge:

• Contact us first to resolve the issue
• Unauthorized chargebacks may result in account suspension
• You are liable for chargeback fees and administrative costs
• Services may be terminated for repeated payment disputes

5.8 Price Changes

We may change prices with 30 days’ notice. Price changes take effect at your next renewal period unless you cancel before the renewal date.

5.9 Refunds

Refunds are governed by our Refund Policy:

• 30-day money-back guarantee for new accounts
• Domain registration fees are non-refundable
• Custom services and add-ons are non-refundable
• Refunds may be issued as account credits at our discretion

6. Service Level Commitments

6.1 Uptime Guarantee

We strive to maintain 99.9% uptime for our hosting services, excluding:

• Scheduled maintenance (with advance notice)
• Emergency security updates
• Events beyond our reasonable control

6.2 Scheduled Maintenance

We will provide reasonable advance notice for scheduled maintenance through:

• Email notifications to account holders
• Status page updates
• In-account notifications

6.3 Performance Standards

While we optimize for performance, we do not guarantee specific:

• Page load speeds
• Response times
• Bandwidth throughput
• Storage I/O performance

6.4 Support Response Times

We aim to respond to support requests within:

• Critical issues: 4 hours
• Standard issues: 24 hours
• General inquiries: 48 hours

Response times may vary based on issue complexity and support plan level.

6.5 Service Credits

For qualifying outages exceeding SLA commitments, we may provide service credits equal to a pro-rated portion of your monthly fee for the affected service. Service credits:

• Must be requested within 30 days of the incident
• Are applied to future billing periods
• Do not accumulate or carry forward
• Are not exchangeable for cash

7. Acceptable Use Policy

7.1 Prohibited Activities

You may not use our services for:

Illegal Activities:

• Any unlawful purpose or activity
• Violations of local, national, or international laws
• Infringement of intellectual property rights
• Fraud, identity theft, or financial crimes

Identity Fraud and Impersonation:

• Creating false identities or impersonating others
• Using unauthorized personal information or credentials
• Misrepresenting identity for domain registrations or account access
• Identity theft or fraudulent representation to third parties

Harmful Content:

• Malware, viruses, or malicious code
• Content promoting violence, hatred, or discrimination
• Child exploitation materials
• Terrorist content or activities

Network Abuse:

• Spamming or unsolicited commercial communications
• Phishing or social engineering attacks
• Denial-of-service attacks
• Unauthorized network scanning or penetration testing

Data Mining and AI Training:

• Automated scraping, crawling, or data mining of Jetumo’s website or services
• Using Jetumo’s content for AI model training or machine learning without authorization
• Deploying bots, scrapers, or automated tools to collect Jetumo’s data
• Extracting content for commercial purposes or competitive intelligence

Resource Abuse:

• Cryptocurrency mining without prior authorization
• High-resource activities affecting server performance
• Automated bot traffic or scraping
• Proxy or VPN services without authorization

7.2 Content Restrictions

Content must not:

• Violate third-party rights
• Contain false or misleading information
• Be defamatory, harassing, or threatening
• Violate privacy or publicity rights

7.3 Resource Usage

You must:

• Use resources reasonably and as intended
• Monitor your resource consumption
• Respond promptly to resource usage notifications
• Upgrade plans if consistent resource limits are exceeded

7.4 Security Requirements

You are responsible for:

• Password Security: Using strong, unique passwords for all hosting accounts, email accounts, control panels, and applications
• Regular Updates: Keeping software, applications, CMS platforms, and plugins updated with latest security patches
• Access Control: Implementing appropriate security measures and monitoring access credentials
• Backup Management: Creating regular backups of your data BEFORE making changes, updates, or installations
• Security Monitoring: Monitoring for security incidents and unauthorized access

Pre-Change Backup Requirements: You must create and download current backups of your websites, databases, and email accounts BEFORE:

• Installing or updating plugins, themes, or applications
• Making significant configuration changes
• Performing software upgrades or migrations
• Modifying critical system files

Backup Limitations:

• Jetumo’s automated backups are for disaster recovery purposes only
• Our backups may capture broken, infected, or compromised sites during scheduled backup times
• We retain backups for limited periods and make no guarantees about backup availability
• Automated backups are not substitutes for your own regular backup practices

7.5 Email Services

For email services, you must:

• Comply with anti-spam laws and regulations
• Obtain proper consent for commercial communications
• Provide unsubscribe mechanisms
• Monitor bounce rates and deliverability

Email Security:

• Use strong passwords for all email accounts to prevent unauthorized access
• If email accounts are compromised and used for spam or abuse, Jetumo will immediately change passwords to stop the activity
• You are responsible for securing your email accounts and any consequences of compromise
• Jetumo is not liable for emails sent from compromised accounts or loss of data due to security breaches

7.6 Enforcement

Violations may result in:

• Content removal or modification
• Service suspension or restrictions
• Immediate account termination for identity fraud, impersonation, or use of false credentials
• Account termination for other violations
• Legal action and law enforcement cooperation

Identity Violations: Accounts found to be using false identities, impersonating others, or using unauthorized credentials will be immediately suspended or terminated without notice and without liability to Jetumo for any resulting damages or losses.

8. Content and Intellectual Property

8.1 Your Content Ownership

You retain ownership of all Customer Data and intellectual property rights in your content. You are solely responsible for the accuracy, legality, and appropriateness of your content.

8.2 License to Jetumo

You grant us a non-exclusive, worldwide, royalty-free license to:

• Host, store, and transmit your content
• Make backups and copies as necessary for service provision
• Display content as necessary to provide services
• Modify content format for technical compatibility

8.3 Jetumo Intellectual Property

All Jetumo services, software, and materials are protected by intellectual property rights and remain our exclusive property. You receive only a limited license to use our services as provided.

8.4 Third-Party Rights

You represent and warrant that your content:

• Does not infringe third-party intellectual property rights
• Is properly licensed for your intended use
• Complies with all applicable terms and licenses

8.5 Copyright Infringement

We respond to valid DMCA takedown notices and maintain a copyright infringement policy. Repeat infringers may have their accounts terminated.

8.6 Jetumo Website Protection

Data Mining and AI Training Restrictions: All content on Jetumo’s website and services is protected by intellectual property rights. The following activities are strictly prohibited without written authorization:

• Automated scraping, crawling, or data mining of our website
• Using our content for AI model training, machine learning, or language model development
• Deploying bots, scrapers, or automated tools to collect our data
• Extracting our content for commercial purposes, competitive intelligence, or model training

Permitted Crawling:

• Standard search engine indexing by legitimate search engines (Google, Bing, etc.) following robots.txt
• Accessibility and security scanning for legitimate purposes
• Normal browsing activity by human users

Enforcement: Violations of these restrictions may result in immediate IP blocking, legal action, and claims for damages and attorney fees.

8.7 Trademark Protection

You may not use our trademarks, logos, or brand elements without written permission. We reserve all rights in our intellectual property.

9. Privacy and Data Protection

9.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Processing

We process personal data in accordance with applicable privacy laws including:

• New Zealand Privacy Act 2020
• Australian Privacy Act 1988
• EU General Data Protection Regulation (GDPR) where applicable
• Other applicable data protection laws

9.3 Data Location

Your data may be stored and processed in:

• New Zealand
• Australia
• United States
• Other locations where we operate servers

9.4 Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security. You are responsible for:

• Protecting your own access credentials
• Implementing appropriate security measures
• Backing up critical data

9.5 Data Retention

We retain your data as long as necessary to provide services and comply with legal obligations. Upon account termination, we will delete your data according to our data retention schedule unless required to retain it by law.

9.6 Data Portability

You may export your data at any time using available tools or by requesting assistance from our support team.

10. Service Suspension and Termination

10.1 Suspension by Jetumo

We may suspend your services immediately without notice if:

• Your account is past due on payments
• You violate these Terms or our policies
• Your activities threaten system security or stability
• We receive legal demands requiring suspension
• Your account shows signs of compromise or unauthorized access

10.2 Termination by Jetumo

We may terminate your account and services:

• Immediately for identity fraud, impersonation, or false credentials
• Immediately for material breaches of these Terms
• With 30 days’ notice for convenience
• Immediately for illegal activities or repeated violations
• For non-payment after applicable grace periods

Identity-Related Terminations: Accounts terminated for identity fraud, impersonation, or use of false information will result in immediate service termination without refund and without liability to Jetumo for any consequences.

10.3 Termination by Customer

You may terminate services:

• At any time by canceling through your account
• With notice to our support team
• Subject to any minimum terms or early termination fees

10.4 Effect of Termination

Upon termination:

• Access to services will cease
• Data will be retained for 30 days for possible recovery
• Outstanding fees become immediately due
• You remain liable for charges incurred before termination

10.5 Data Recovery

After termination:

• We may provide one-time data export within 30 days
• Data export fees may apply
• After 30 days, data may be permanently deleted
• We are not obligated to maintain or recover deleted data

10.6 Survival

The following provisions survive termination:

• Payment obligations
• Intellectual property rights
• Limitation of liability
• Indemnification obligations
• Dispute resolution procedures

11. Limitation of Liability

11.1 Service Disclaimer

SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR CONTENT
• BUSINESS INTERRUPTION OR DOWNTIME
• THIRD-PARTY ACTS OR OMISSIONS

11.3 Maximum Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM OR NZD $10,000, WHICHEVER IS LESS.

11.4 Essential Purpose

If any remedy fails of its essential purpose, the limitation of liability shall nevertheless remain in effect to the maximum extent permitted by law.

11.5 New Zealand Consumer Law

For New Zealand consumers, nothing in these Terms limits or excludes any rights under the Consumer Guarantees Act 1993 that cannot be excluded by law.

11.6 Backup and Data Recovery Disclaimers

WE MAKE NO WARRANTIES REGARDING:

• Backup Reliability: The availability, completeness, or usability of automated backups
• Backup Content: Whether backups contain working, uncompromised, or error-free versions of your data
• Recovery Success: The ability to successfully restore data from backups
• Data Integrity: The accuracy or completeness of backed-up data

Customer Backup Responsibility: You acknowledge and accept full responsibility for:

• Creating your own regular backups before making any changes
• Downloading and storing backups in multiple locations
• Testing backup integrity and restoration procedures
• Maintaining independent backup systems beyond our automated services

Security Compromise Disclaimers: WE ARE NOT LIABLE FOR:

• Data loss or corruption due to compromised passwords or unauthorized access
• Emails sent from compromised accounts or resulting consequences
• Spam or abuse originating from compromised email accounts
• Downtime or service interruption resulting from security incidents
• Loss of business or reputation due to security breaches affecting your accounts

11.7 Basis of Bargain

These limitations are an essential basis of the bargain between us and reflect the allocation of risk and the fees charged for services.

12. Indemnification

12.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Jetumo, our affiliates, officers, directors, employees, and agents from all claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of our services
• Your content or customer data
• Your violation of these Terms
• Your violation of third-party rights
• Your violation of applicable laws

12.2 Procedure

For indemnification claims:

• We will promptly notify you of any claim
• You will assume control of the defense
• We will reasonably cooperate in the defense
• You may not settle without our consent

12.3 Jetumo Indemnification

We will indemnify you against third-party claims that our services infringe valid copyrights or trademarks, provided you:

• Promptly notify us of the claim
• Grant us control of the defense
• Reasonably cooperate with our defense

12.4 Remedies

If we determine that services infringe third-party rights, we may:

• Obtain rights for continued use
• Modify services to eliminate infringement
• Replace services with non-infringing alternatives
• Terminate services and refund prepaid fees

13. Force Majeure

13.1 Force Majeure Events

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including:

• Natural disasters and severe weather
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Internet infrastructure failures
• Third-party service provider failures
• Cyberattacks or security incidents

13.2 Notice and Mitigation

The affected party must:

• Promptly notify the other party
• Use reasonable efforts to minimize impact
• Resume performance when possible

13.3 Termination Right

If force majeure events prevent performance for more than 60 days, either party may terminate affected services with written notice.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by New Zealand law, excluding conflict of law principles.

14.2 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith negotiations for 30 days after written notice of the dispute.

14.3 Jurisdiction for New Zealand Parties

For customers located in New Zealand, disputes shall be resolved in the courts of New Zealand.

14.4 International Arbitration

For customers located outside New Zealand, disputes shall be resolved through binding arbitration under the UNCITRAL Arbitration Rules, with:

• Seat of arbitration: Auckland, New Zealand
• Language: English
• Single arbitrator (unless parties agree otherwise)

14.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

14.6 Small Claims Exception

Either party may seek relief in small claims court for disputes within the court’s jurisdiction.

14.7 Injunctive Relief

Either party may seek injunctive relief in any court of competent jurisdiction for breaches that could cause irreparable harm.

15. International Compliance

15.1 Export Controls

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, or acting on behalf of persons or entities in, countries subject to comprehensive sanctions.

15.2 Anti-Money Laundering

We may implement know-your-customer and anti-money laundering procedures as required by applicable laws.

15.3 Tax Compliance

You are responsible for determining and paying all applicable taxes. We may collect and remit taxes as required by law.

15.4 Sanctions Compliance

You represent that you are not:

• Subject to economic sanctions
• Acting on behalf of sanctioned persons or entities
• Located in sanctioned territories

15.5 Data Localization

We will comply with applicable data localization requirements and may restrict services in jurisdictions with incompatible legal requirements.

16. Modifications to Terms

16.1 Right to Modify

We may modify these Terms at any time by posting revised Terms on our website. Material changes will be communicated through:

• Email notification to account holders
• In-account notifications
• Website announcements

16.2 Effective Date

Modifications become effective 30 days after posting unless you object by terminating your account before the effective date.

16.3 Continued Use

Your continued use of services after the effective date constitutes acceptance of the modified Terms.

16.4 Emergency Modifications

We may implement immediate modifications for:

• Legal compliance requirements
• Security vulnerabilities
• Abuse prevention

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

17.3 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to affiliates or in connection with mergers, acquisitions, or asset sales.

17.4 No Waiver

Our failure to enforce any provision does not constitute a waiver of future enforcement of that provision or any other provision.

17.5 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

17.6 Third-Party Beneficiaries

These Terms do not confer rights on any third parties except as expressly stated.

17.7 Language

These Terms are written in English. Any translations are provided for convenience only and the English version controls in case of conflicts.

17.8 Electronic Communications

You consent to receive communications electronically and agree that electronic communications satisfy legal notice requirements.

17.9 Contact Information

For questions about these Terms, contact us at:

Jetumo
New Zealand
Email: legal [at] jetumo [dot] com

17.10 Effective Date

These Terms are effective as of the Effective Date and supersede all previous versions.

Last Updated: 27 June 2025

Document Version: 1.1