Terms of Trade
1. Contractual Terms
1.1 These Terms are to be read in conjunction with other documentation, if any, outlining the provision of Services to you. That other documentation may include a quote and outline of the Services to be provided by us.
2. Provision of Services
2.1 We will provide our Services in accordance with these Terms and as set out in the documentation outlining the provision of Services to you.
2.2 When we perform work for you, we will ensure that competent and suitably experienced personnel carry out that work, in a professional manner and in accordance with current industry standards.
3.1 If possible, we will provide you with a fixed price quotation. This price will be inclusive of GST and disbursements and is valid for 30 days from the date of the quotation.
3.2 If you decide not to proceed with the matter to completion after a quotation is provided, we will charge for any work already carried out at the appropriate rates.
3.3 We reserve the right to amend our quote if you do not adhere to the agreed implementation plan and/or, through your default, we are unable to complete the Services by the agreed completion date.
4. Estimate of Costs
4.1 Where it is not possible to provide a quotation, we will give you an estimate if required. This price will be inclusive of GST and disbursements and is valid for 30 days from the date of the estimate.
4.2 If you decide not to proceed with the matter to completion after an estimate is provided, we will charge for any work already carried out at the appropriate rates.
4.3 We will first discuss with you any significant costs to be incurred in excess of any estimate given, prior to that work being undertaken.
5.1 We will issue you with an invoice for our Services either on an interim basis for work completed or upon completion of the Services.
5.2 We will charge an additional charge for any alterations and additions requested to the Services. The charge for these additional services will be charged at the hourly rates advised to you with a minimum charge of thirty minute increments.
5.3 In addition to our charges for the Services, if work is to be carried out outside the Waikato region, we will charge for our travel expenses in accordance with the rate set out in our quote.
5.4 All invoices are payable within 14 days from the date of issue (Due Date), unless we make other arrangements with you which are agreed in writing.
5.5 If you do not pay by the Due Date, then we may charge interest on all overdue accounts at the rate of 2.5% per month calculated on a daily basis from the Due Date until payment is made. This is without prejudice to any other rights or remedies available to us.
5.6 We will not charge interest on any amounts in dispute, provided we are satisfied that the dispute is not unreasonable.
5.7 All payments are non-refundable unless we decide not to proceed with your project. A decision not to proceed with a project will not be sufficient reason for a refund.
5.8 You shall reimburse us for all costs, expenses or other sums reasonably incurred in exercising any right or remedy available to us consequent upon your default in paying us by the Due Date.
6. Continued Support
6.1 On the completion of the Services we will provide telephone and email support related to the Services, free of charge. We may charge for on-site support at the appropriate hourly rate. If on-site support is to incur any charges we will notify you before any work is carried out.
6.2 If the support or work arises as a direct result of our error, we will not charge you for the additional services related to correcting that error.
7. Right to Suspend Services
7.1 If you fail to pay us for any Service by the Due Date, we may suspend the provision of that and/or any other Service to you.
7.2 We will give you five working days written the notice of our intention to suspend any Service, sent to your most recent postal address, or email address, held on our file.
7.3 If you do not pay us or reach the agreement with us about payment within the five working days, we may suspend the provision of Services at the termination of that five working day period.
8. Right to Terminate Services or Agreement(s)
8.1 We may terminate this agreement or any related Service Agreement if an invoice issued to you remains unpaid for more than two (2) months from the Due Date.
9. Commencement of Services
9.1 We will not commence providing Services until you have signed this agreement and you have paid the deposit amount.
9.2 Unless otherwise specified, you must pay us a deposit of 25% of the quoted or estimated total cost within five (5) working days of the signing or acceptance of this agreement.
10. Right to Communicate
10.1 From time to time, we may send information and offers to you about upgrades and other services offered by us. You agree that we may send you this information by any means including post, fax, email and mobile text messaging.
11.1 We may include a reference at the bottom of pages to any website we develop crediting the design, development and hosting to us. Websites developed by us may also be used in our marketing materials and website.
12.1 Any custom software development you purchase from us has a warranty period of 60 days from the date the Services are completed.
13. Title of Goods
13.1 The title to any development or goods does not pass to you until you pay us in full.
14. Intellectual Property
14.1 We shall not be liable to any third party for using material provided by you that is subsequently shown to infringe the copyright and intellectual property rights of that third party.
15. Applicable Law
15.1 These terms and the relationship between us shall be governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.
16. Exclusion of Liability
16.1 We shall not be liable for any special or consequential loss or damage of any kind resulting from the provision of Services, and for the purposes of this agreement, ‘consequential loss’ shall include without limitation, loss of use of product, loss of income or profits, and costs and expenses arising from, or as a result of, delays in delivery or any failure to deliver the Services.
17. Limitation of Liability
17.1 Our liability in respect of any claim for loss, damage or injury of any kind howsoever arising shall not in any event exceed the price of the Services supplied by us, which gives rise to such claim, or the actual loss or damage suffered, whichever is the lesser.
18. Acknowledgment of Terms
18.1 Unless you formally advise otherwise, your continued instruction will be deemed to be acceptance by you of this agreement. Nevertheless, to avoid any misunderstanding, you will be asked to read these Terms before signing any agreement with us.
19. Internet Services
19.1 We can provide you with a range of Internet products and services, including web hosting, domain registration, and server hosting.
19.2 If you elect to subscribe to any of these Services, the following terms will apply.
19.3 We may refuse to provide these Services at any time if you are in breach of the following terms.
20. Cancellation of Services
20.1 You must give us at least 30 days notice of cancellation of web hosting and contracted maintenance services.
20.2 Notice must be given in writing on your business or company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.
20.3 You must settle any outstanding debts before your account is closed, otherwise, your account will continue to renew.
21. Our and Your responsibilities
21.1 We agree to:
21.1 We agree to:
(a) provide high performance Internet services to you;
(b) be available during business hours by telephone for support and inquiries;
(c) be available by email at all times for support and inquiries;
(d) correct all problems as soon as we reasonably can do so;
(e) respond as soon as we can to emergency support requests;
(f) bill you correctly for the services you require;
(g) keep all software and systems up-to-date.
21.2 You agree to:
(a) provide us with correct contact details, and to keep them up-to-date;
(b) keep your account current, and not let invoices fall overdue;
(c) download your e-mail regularly; and
(d) not store e-mail on our server for longer than 30 days (or it may be removed without notice).
21.3 We may prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is defamatory;
(c) any material that is defamatory;
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings;
(e) file archives of music, videos, images, without permission
(f) IRC clients, bots, servers.
21.4 We may also prohibit the use of our servers for:
(a) very high-trafficked websites, without permission;
(b) offering free e-mail or webmail services to the public.
21.5 We will not screen the material you require publishing to our servers. Any material you require published is considered to be publicly accessible.
21.6 If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.
22. Other Matters
22.1 We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
22.2 We do not make the claim that you will receive continual and uninterrupted web hosting service during the term of this agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.