Terms & Conditions

These terms and conditions apply to all products and services the Client purchases from Click n Call now and in the future. Not only do these terms give you certainty as to your rights and obligations, they also ensure we can focus on delivering the best possible service to you.

Last Updated 01/09/2025

Acceptance of Terms

These Terms and Conditions apply to all products and services provided by Click n Call (Internet Advertising Limited). By accessing our site, using our services, or purchasing our products, you agree to these Terms, our Privacy Policy, and any applicable Special Terms.

Service Delivery

Click n Call agrees to deliver the Services as outlined in the Special Terms, with the Client responsible for payment as agreed. Services acquired without charge remain subject to these General Terms.

Client Responsibilities

The Client acknowledges various dependencies including third-party providers and agrees to abide by their terms. The Client is also responsible for content accuracy and legal compliance.

Intellectual Property

All content created by Click n Call, except client-supplied materials, remains our property. The client grants Click n Call the necessary rights for using their content in our services.

All domain names registered under Internet Advertising Limited on the New Zealand WHOIS register remain the property of Internet Advertising Limited.

All domain names transferred from any other provider to Click n Call are held in Internet Advertising Limited's domain account. If you terminate Services and require your domain name to be transferred away from Click n Call, Click n Call will do so on confirmation that all invoiced services have been paid for by the client.

All Google Ads accounts that were set up by Click n Call will remain the property and in the sole possession of Click n Call and under no circumstances will accounts, campaigns, ad groups or keywords be transferred into the ownership of either the client or a third party.

Client Access and Security Policy - Shared Hosting

To protect the security and integrity of all websites hosted on Click n Call's shared servers, Click n Call does not provide administrative or system level access to any party, including clients and third-party providers. This includes, without limitation, WordPress Administrator roles, control panel access, database access, SFTP or SSH credentials, and access to server or site management tools.

Click n Call will implement content, design, plugin, configuration and related changes upon receipt of written instructions from the client's authorised contact. Standard turnaround times and fees apply under our current support terms.

Credentials will not be issued to external vendors, agencies, or contractors. Where third parties are engaged by the client, they may supply written instructions for Click n Call to implement. Click n Call may, at its discretion, provide a managed staging pathway for review and deployment.

Where a client's operating model requires administrator or developer access, Click n Call can migrate the site to a dedicated hosting plan or a client-owned environment, subject to a separate agreement, security review, and applicable fees. In such cases, the client acknowledges that Click n Call is not responsible for issues arising from third-party or client changes.

This policy is necessary to maintain multi-tenant security, privacy, and uptime on shared infrastructure. Click n Call may decline any change request that introduces security, operational, legal, or compliance risk.

By using Click n Call's shared hosting services, the client acknowledges and accepts this Access and Security Policy.

Changes to Terms

Click n Call reserves the right to modify these Terms. Continued use of our Services following changes constitutes acceptance of the new Terms.

Payment Terms

The Client agrees to pay all charges without deduction or set-off in accordance with our invoicing.

Failure to Pay

Non-payment may result in interest charges, debt collection costs, and service suspension or termination.

Termination

Either party may terminate the Services under the conditions outlined in these General Terms and any relevant Special Terms.

If you decide to cancel any portion or the entirety of a service, you will be responsible for all amounts due to us up to the time of cancellation, including any costs we may have incurred directly or indirectly as a result of your cancellation.

We reserve the right to cancel any part or the entire service that has not been fulfilled, and all amounts due to us shall become immediately payable, whether due or not, under the following conditions:

(a) If any amounts owed to us are late, or if we believe that you will not be able to make your payments when they are due;

(b) If an event of insolvency occurs, meaning you become insolvent or bankrupt, organize a meeting with your creditors, or if a receiver, liquidator, or a similar figure is appointed over you or any of your assets.

Services/products that are made according to your specifications, or that involve items not normally made, cannot be canceled once production has started.

If the client wishes to transfer their website away from our server and requires our assistance beyond the exporting and packaging of required files and the sending the client of the UDAI code to transfer the domain name away, it will incur a minimum charge of $249+gst, and hourly thereon at $149+gst.

Dispute Resolution

In case of disputes, the Client should first contact our Customer Care. Unresolved issues will be escalated as per our internal policies. Client's are able to obtain their own legal advice at any time.

Privacy and Data Protection

Our Privacy Policy governs data collection and usage. The Client consents to data processing as per this policy.

Marketing Communications

By engaging with Click n Call's services, the Client consents to receiving marketing communications, which may include promotional emails, newsletters, service updates, special offers, and SMS messages, including requests for reviews following invoice reconciliation or payment.

Clients can opt out of these communications at any time by clicking the unsubscribe link in emails or replying STOP to SMS messages. Marketing communications are managed through Zapier or similar automated platforms to ensure compliance and prompt handling of opt-out requests.

Anti-Money Laundering (AML) Compliance

• Compliance with AML Laws: Click n Call is committed to full compliance with all applicable Anti-Money Laundering (AML) laws and regulations in New Zealand. To this end, Click n Call shall implement and maintain an effective AML program to prevent, detect, and report potential money laundering activities.
• Customer Due Diligence (CDD): As part of our commitment to AML compliance, Click n Call will undertake necessary Customer Due Diligence measures. This includes verifying the identity of our clients, understanding the nature of their businesses, and assessing the potential risk they may pose in terms of money laundering. For individual clients, this will involve checking identification documents. For corporate clients, we will assess the ownership and control structure of the business.
• Enhanced Due Diligence (EDD): For clients or transactions identified as high-risk, Click n Call will conduct enhanced due diligence. This will involve deeper background checks, closer scrutiny of the transactions, and ongoing monitoring of the business relationship.
• Transaction Monitoring: Click n Call will regularly monitor client transactions for any signs of unusual or suspicious activities, such as payments that are inconsistent with the client's typical business pattern, unusually large transactions, or transactions involving high-risk countries.
• Record Keeping: In accordance with New Zealand's AML laws, Click n Call will maintain detailed records of all transactions, client identifications, and due diligence processes for the prescribed minimum period.
• Reporting of Suspicious Activities: Click n Call will establish and maintain a protocol for reporting suspicious activities. Our employees will be trained to recognize and report any transactions or client behaviors that may indicate money laundering.
• AML Compliance Officer: Click n Call will appoint a dedicated AML Compliance Officer who will be responsible for implementing and overseeing our AML policies and procedures.
• Employee Training: Click n Call is committed to regularly training its employees on AML policies, compliance importance, and the recognition and handling of potential money laundering activities.
• Risk Assessment: Click n Call will regularly assess the AML risks associated with its services and client base, updating its policies and procedures as necessary.
• Third-Party Due Diligence: If Click n Call relies on third-party service providers, we will ensure that these parties also adhere to robust AML practices.
• Review and Audit: Click n Call will regularly review and audit its AML policies and procedures to ensure their effectiveness and compliance with the latest regulations.
• Client Acknowledgment: By agreeing to these Terms and Conditions, the Client acknowledges and consents to Click n Call's AML measures as outlined above and agrees to provide necessary information and cooperation as required for compliance.

Limitation of Liability

While we strive for accuracy and reliability, Click n Call cannot be held liable for indirect or consequential losses. Liability is limited as per New Zealand law.

Jurisdiction

These Terms are governed by New Zealand law. Disputes will be resolved in New Zealand courts, unless otherwise specified in Special Terms.

Miscellaneous

If any part of these Terms is found to be invalid or unenforceable, the remainder remains effective. The Client may not assign their rights without our prior written consent.

Contact Information

For any queries or concerns regarding these Terms, please contact us at contact@clickncall.co.nz or on 0800 254 251.