Terms of Service

SiliconKiwi by BTIT – Hosting / VPS Services Agreement

Effective Date: [Date of Acceptance]
Provider: BTIT Consulting Limited (NZBN 9429051041213), trading as BTIT ('BTIT', 'we', 'us', 'our')
Service Name: SiliconKiwi by BTIT ('Service')
Customer: The person or entity purchasing or using the SiliconKiwi Service ('Customer', 'you', 'your').

1. Introduction

This Hosting / VPS Services Agreement ('Agreement') governs the use of the SiliconKiwi hosting platform provided by BTIT Consulting Limited. By ordering, accessing, or using the Service, you agree to comply with this Agreement, the Acceptable Use Policy (AUP), and any related policies or terms published on https://siliconkiwi.nz or https://btit.nz.

2. Service Description

BTIT provides virtual private server (VPS), network, and related hosting services under the SiliconKiwi brand, operated within New Zealand. Service specifics, such as resource allocation and billing frequency, are set out in your plan. BTIT endeavours to provide a reliable, high-availability service but does not guarantee uninterrupted access. BTIT may make reasonable hardware or software changes to improve security or performance.

3. Customer Responsibilities

You must use the Service in compliance with New Zealand law, including the Crimes Act 1961, Copyright Act 1994, and Privacy Act 2020. Prohibited uses include copyright infringement, hacking, spam, malware hosting, or illegal content. You are responsible for system security, applying updates, and maintaining your own data backups. If BTIT receives an abuse complaint, you must respond within 48 hours or risk suspension.

4. Privacy and Data Handling

You retain ownership of your data. BTIT processes data only as needed to deliver the Service, and in compliance with the Privacy Act 2020. Data is hosted within New Zealand data centres unless otherwise stated. BTIT may disclose information as required by law or to protect network integrity.

5. Fees and Payments

All fees are payable in advance in New Zealand Dollars (NZD). Late payment may result in suspension without notice and interest of up to 1.5% per month. Accounts more than 30 days overdue may be terminated and data deleted. Fees are non-refundable except where required by law. BTIT may recover debt collection and legal costs.

6. Suspension and Termination

BTIT may suspend or terminate your Service immediately for illegal activity or serious breach of this Agreement. Non-payment beyond 30 days also allows termination. Customers may cancel with 7 days’ written notice before the next billing cycle. All customer data may be deleted upon termination.

7. Intellectual Property

All intellectual property associated with the SiliconKiwi platform remains the property of BTIT Consulting Limited. You are granted a non-exclusive, revocable licence to use the Service for lawful purposes. Resale or sublicensing requires prior written consent.

8. Indemnification

You agree to indemnify BTIT, its directors, and employees against any losses, claims, or costs arising from your breach, misuse, or hosted content.

9. Warranties and Liability

The Service is provided 'as is'. BTIT disclaims all warranties to the maximum extent permitted by law. BTIT’s total liability is limited to the fees paid in the 12 months preceding the claim. BTIT is not liable for consequential or indirect losses, including data loss or downtime.

10. Governing Law and Disputes

This Agreement is governed by New Zealand law. Both parties submit to the exclusive jurisdiction of the New Zealand courts. Disputes will first be addressed in good faith before legal proceedings.

11. Amendments and Notices

BTIT may update this Agreement with 30 days’ notice via email or publication on its websites. Continued use of the Service constitutes acceptance. Notices are effective when sent to your registered email address.

12. Miscellaneous

You may not assign this Agreement without BTIT’s consent. BTIT may assign or subcontract obligations. If any clause is unenforceable, the remaining terms remain valid. Key provisions such as liability, payment, and indemnity survive termination.

Schedule A – Acceptable Use Summary

You must not use our service to:
- Infringe intellectual property rights
- Distribute malware, spam, or deceptive material
- Host or distribute pornographic, hateful, or violent content
- Mine cryptocurrency without authorisation
- Attempt to hack or disrupt BTIT or third-party systems

Violations may result in immediate suspension or termination without refund.

BTIT Consulting Limited (NZBN 9429051041213)
Provider of SiliconKiwi Hosting Services
Wellington, New Zealand
https://siliconkiwi.nz | https://btit.nz
Email: support@btit.nz