terms & conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by Oraco Solutions. If the project is to be hosted by Oraco Solutions, you can view those terms and conditions on this page.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by Oraco Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Oraco Solutions reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects costing $1000 and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source Photo-shop or Flash files; if the Client requires these items then a separate quotation can be prepared.
Payment for services can be online payment through Oraco Solutions’ Contact Us for online payment request or bank transfer.
Oraco Solutions will provide the Client with an opportunity to review the appearance and content of the Website during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Oraco Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
Project Schedule and Content Control.
In the majority of projects, Oraco Solutions will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Oraco Solutions. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Oraco Solutions with completing the project in a satisfactory and expedient manner.
During the project, Oraco Solutions will require the Client to provide copy and images. If the content is not provided within four (4) weeks of an official request by email then Oraco Solutions reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If the content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Oraco Solutions will agree, at its discretion, to recommence the project after the agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Oraco Solutions Limited upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then Oraco Solutions will apply interest to the account, if greater than ninety (90) days we will consider the account to be in default. Once greater than ninety (90) days we will inform you that payment is required immediately if payment has not been received within the specified time the account will be sent to a credit collection agency.
If the Client in default has any information or files on Oraco Solutions’ Web space, Oraco Solutions can, at its discretion, remove all such material from its web space. Oraco Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Oraco Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Oraco Solutions in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Terms and Conditions relating to hosting/reseller account content and usage may be found on this page.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Oraco Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Oraco Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Oraco Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Website design and/or placement shall be regarded as a guarantee by the Client to Oraco Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to the commencement of the project. Although every reasonable attempt shall be made by Oraco Solutions to return to the Client any images or printed material provided for use in the creation of the Client’s Web site, such return cannot be guaranteed.
If the Client’s Web site is to be installed on a third-party server, Oraco Solutions must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Oraco Solutions provides services where third-party software or plugins maybe in use, Oraco Solutions do not hold any such warranties for add-on application that fail to work in the future, the plugins are provided at the users own risk, in the case of a plugin failing in the future Oraco Solutions will discuss with our clients an alternative plugin; any such work will be charged out at our normal rate.
Pricing for any add-on provided by Oraco Solutions may change at any point in the future. Clients will be updated by these changes 30 days before this occurres.
Post Project Alterations.
Oraco Solutions cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Oraco Solutions may require a one-off Web Development charge before resolving any issues that may arise.
Third Party Services.
Oraco Solutions may require the use of third-party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Oraco Solutions cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
Warranties of Oraco Development Software
Oraco Solutions performs and develops websites at current industry standards using best practices at the time of the project in regards to all coding used. Each website is tested thoroughly through the most common browser platforms such as mobile (iPhone/Android only) and desktop (Mac/PC – Internet Explorer, Chrome, Firefox, Microsoft’s Edge) for functionality issues. Oraco Solutions will amend or fix issues up to 60 days only as a limited warranty for unforeseen software updates in browsers and mobile devices that affect the development after all testing has been completed. Due to the nature of Software, functionality changes may occur that are outside of Oraco Solutions control due to software enhancements and browser changes.
Oraco Solutions may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Oraco Solutions. For .com, .org and .net domains (including other domain extensions), reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.nz are automatically renewed ten (10) days before expiration. In this case, the Client must notify Oraco Solutions that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Oraco Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. Any payment not made for domains renewed by Oraco Solutions will in due course see the domain suspended and taken over by Oraco Solutions, who will become the new owner until the domain has been paid in full for.
Any domain renewal request from customers who wish Oraco Solutions to renew their domain on their behalf will incur a higher cost, this administration fee is no more than $10. To avoid these higher fees a client must renew their domain themselves by logging into their account and using the renewal process available within their account.
Some Domain Extensions have a grace period of expiry where they can be renewed at the standard pricing if this period lapses the domain will go into a restore option and can only be reactivated using the restore option available, the restore option is set at a much higher price. After a domain has expired and has been deleted, it will sit in restore state, after 90-days the domain will be released back to the general public for sale.
Domain Names Managed Accounts
Oraco Solutions at times will manage customer domains under an Oraco Solutions account. They will be invoiced directly and not maintained through the automotive system, therefore the standards reminders will not be sent as per above (Domain Names). Any managed account will be renewed 10 days from expiry and be paid in full in a timely manner. If unpaid as per these terms and conditions, the customer’s domain will be suspended and the invoice will be sent to a collection agency for recovery.
Any customer account reported to Oraco Solutions for Potential Fraud by our Payment Partners will have their account suspended until resolved with the payment provider. We take fraud very seriously and ask that you make sure that all your details are correct before proceeding to our partner payment gateways. A suspension can only be lifted once payment has cleared and Merchant is satisfied that all conditions have been met.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by New Zealand Law.
Please note: this document does not cover the terms and conditions for specific services for which you may sign up (which are set out separately), but covers general use of this site.
Content on and the layout of this site is Copyright © Oraco Solutions or its licensors, all rights reserved. Web pages may be printed off in order to assist you in using our services or deciding which service to purchase, or for other private use, but may not otherwise be used for any commercial purpose.
Terms and conditions for specific services
The terms and conditions governing the provision of specific Oraco Web Solution services for which you may sign up are available separately when you sign up for those services.
Links to any external sites are provided for convenience only. Oraco Solutions cannot be responsible for and does not necessarily endorse the content of any external sites.
Prices and Specifications
Prices are and specifications are correct at time of writing.
All products sold are subject to availability.
Oraco Solutions (oracosolutions.com) reserves the right to suspend or cancel a customer’s access to any or all services provided by Oraco Solutions, where Oraco Solutions decides that the account has been inappropriately used. Oraco Solutions reserves the right to refuse service and/or access to its servers to anyone.
Fraudulent Transactions made to Oraco Solutions by any Customer will result in that Customer having their services withdrawal and services deleted immediately.
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of the activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
Sites must not contain scripts that attempt to access privileged server resources or other sites on the same server.
You are responsible for all scripts, including 3rd party or open source software, that is installed on your web space. In the event of a script that you install causing damage or loss of data to your site or any server resources, we reserve the right to charge you our off-site technical support hourly rate for the time taken to restore the services to the previously working state.
Oraco Solutions shall not use or permit use, either directly or indirectly, or through its customers and resellers, of any Hosting Order, in violation of this Agreement, and for any of the activities described below – For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to RapidShare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
Oraco Solutions will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the website.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based on user-entered information, or update a database are acceptable. Scripts that send bulk email or perform processor-intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from an Oraco Solutions – hosted domain.
Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Oraco Solutions to prove that you do not.
Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Oraco Solutions. You must contact Oraco Solutions with your intention for Adult material before proceeding with your web development project. Any Child pornographic will not be tolerated, we will provide any necessary information to legal agency’s as required by law.
Sites must not use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period
Sites must not execute long-running, stand-alone, unattended server-side processes, bots or daemons, run any type of web spiders or indexers, run any software that interfaces with an IRC (Internet Relay Chat) network, Run, host, or store any P2P client, tracker, software, server, files, content or application, including BitTorrent, participate in any P2P or file-sharing networks, run any gaming servers, run cron entries with intervals of less than 15 minutes, store over 100,000 files, constantly create and delete large numbers of files on a regular basis, or cause file system damage, run any MySQL queries longer than 15 seconds, divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders may be used by only one company/individual to host multiple domain names/websites.
Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
Use the email service for sending or receiving unsolicited emails.
Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such emails going through the regular mailing system, such emails will get classified as spam even though the recipient might have opted in for receiving such emails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. A frequent violation would lead to permanent suspension of the domain name.
Sending emails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such emails would get blocked. A frequent violation would lead to permanent suspension of the domain name.
Sending emails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such emails. A tfrequent violation would lead to permanent suspension of the domain name.
Send emails with malicious content. Such emails could be emanating from the user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
Purchase/use a Dedicated IP Address without installing an SSL Certificate.
Oraco Solutions has a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
Oraco Solutions will suspend access to an account which:
Contains invalid or fraudulent details.
Initiates a payment card chargeback.
If Oraco Solutions disables a site or server, we will:
Send an email to the account administrator, informing them of the suspension – please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
If deemed applicable, provide follow-up correspondence detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation.
Not re-enable any domain or server that has a history of similar misuse.
Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
For less serious cases, such as email problems, the support department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
If an action is taken against a site or server, you should communicate via our support pages.
Restoration of any and all services suspended during an investigation will be considered on a case-by-case basis.
This policy sets out how we will use and protect your personal data. Oraco Solutions takes the privacy of your personal data seriously and is committed to complying with relevant legal requirements relating to the use of your data.
What data we will collect
When you sign up for a service we will collect certain contact and other information in order to provide you with and administer the service.
We may also track the pages on our site which are visited. This is in order to be able to improve the way in which our website operates.
How we will use your data
We will use your data in order to be able to provide you with and administer relevant services, and/or to respond to queries which you raise, as well as for other normal business purposes.
Unless you have opted out of such use, we may also use your contact details to send you information about updates to our services, special offers, and other news. Information may also be disclosed where legally required or in the context of relevant legal proceedings, where it is fair and reasonable to make such disclosure.
We use “cookies” on this site. Cookies are small pieces of computer code which are stored on your computer’s hard drive and which are intended to improve your use of this site.
Cookies can be disabled by amending the Internet options in your browser.
We have appropriate security measures in place to ensure the security of your data.
Resellers of Oraco Solutions Terms and Conditions
Oraco Solutions offers Reseller Hosting/Domains options to companies/businesses/individuals for use in conjunction with these terms and conditions. It is also important to note that Oraco Solutions expects that any companies/businesses/individuals applying to become a Reseller have “some” experience in this field; Oraco Solutions will offer support for any technical difficulties that arise within the console; however we will not train people how to use these systems if they have no knowledge of any basic principles regarding Web Hosting or Domains. We will, however, guide them through the use of the console until such a time.
There are many manuals available through the knowledge base sections available within the console, these manuals give clear answers to the many questions a reseller may have. We suggest that these are considered before seeking support.
A Reseller account can be terminated by Oraco Solutions for a number of reasons:
Low purchases – Reseller will be contacted.
Conflict of Interest
Inexperience – Oraco Solutions will guide resellers as much as we possibly can. We advise all Resellers to make good use of the Knowledge Base before contacting us for support.
Oraco Solutions can terminate a Reseller account by giving them 30 days notice; We do not have to justify our reason for termination but may do so by way of email.
Termination decision is final!
Terms and Conditions
The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Oraco Web Solutions, in which case the separate agreement shall govern).
Formation of Contract
The contract is formed only when the goods are dispatched by the seller.
Consumer Guarantees Act 1993
Where the buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply.
In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer’s rights under the Act.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement.
While our best efforts are made to keep our stock levels and pricing accurate we cannot be responsible for any errors in stock levels and pricing. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer a full refund.
Description of Products
The seller relies on information from its suppliers and product manufacturers. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action. Oraco can offer a full refund at any time if the correct product is more or cannot be sourced at the price of the un-matching item. Oraco is not required to send an item of higher value a full refund of the original order is sufficient.
The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
Out of Stock Products & Backorders
If a product is ordered but later found to be out of stock the seller reserves the right to put the order in back order and confirm a suggested ETA. with the customer. The customer may ask Oraco to either find and offer an alternative (similar) product (if an alternative option is available) price differences will need to be paid by the customer if the cost is higher or if cheaper the difference refunded by Oraco to the customer or if the E.T.A. is too far offer a full refund to the customer.
Return of Goods for Credit or Refund
Faulty Repair and Replacement
Shipping of faulty products or credits.
How to Process a Return or Credit
This is nice and simple just go to our support page: http://www.oraco.co.nz/support and submit a ticket, explaining why you are wanting to return the item. Our returns team will then organise a return number and details for returning the product for repair/replace or credit. Or advise if more detail is required or if the item cannot be returned.
You will get a reply within 24 hours of sending (weekdays only) usual time to get an authorised RA number is 1-2 days. However, some RA’s may take longer depending on the warranty provider and the reason for return.
All our products are supplied by N.Z. Distributors so all warranties are supported within N.Z. On very rare occasions when the distributor is out of stock or a product has become obsolete and no more are available in N.Z. to replace your unit there may be a shipping wait for a replacement to come to the distributor from overseas. If no replacement can be sourced then either an alternative product or credit will be offered.
Seller’s Liability and Maintenance Guarantee
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required before purchasing and the seller is under no liability if they are not.
The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification, adjustment or overclocking.
The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, an intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
Disputes and Proper Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.