Terms of Trade1. GENERAL
a. These Terms of Trade, as amended or replaced from time to time, govern the sale of products and/or services by go FORWARD (“the Seller”) to any company, organisation or individual (“the Buyer”). Any order placed with the Seller constitutes the Buyer’s agreement to be bound by these terms. Any additional or different terms the Buyer stipulates or states in any communication with the Seller (including an order) are hereby negated and will not bind the Seller unless the Seller agrees in writing.
2. QUOTATIONS
a. Where a quotation is given by the Seller for products and/or services, the quotation shall be valid for 28 days from the date of issue.
b. Prices quoted exclude GST unless otherwise stated.
c. Prices do not include delivery, Travel Time & KM Charge surcharges, unless otherwise stated.
3. PAYMENT
a. A 33% non refundable deposit may be requested on acceptance of the price quoted. The remainder of the purchase price shall be paid to the Seller upon delivery of the products and/or services, unless credit has been otherwise arranged.
b. Where services provided extend over a period of a month, The Seller may submit an invoice for services performed and products provided up to the end of each month, which must be paid within 14 days. The value of services performed or products supplied shall include the value of any variations that have been agreed by both the Seller and the Buyer.
c. The Seller may charge interest on overdue accounts at such a rate as may be determined by the Seller from time to time.
d. If the Seller incurs any expenses in recovering any monies due from the Buyer, the Buyer shall on demand, pay those expenses.
4. DELIVERY OF PRODUCTS AND SERVICES
a. The Seller is not liable for any loss or damages whatsoever due to the Seller’s failure to deliver the products and/or services (or any of them) promptly or at all.
b. If the delivery of products and/or services includes Website Hosting Services, the Buyers agreement to be bound by the Sellers Hosting Terms and Conditions is acknowledged by the Buyers use of and payment of the Sellers services, support services and/or any software or solution made available by the Seller. The Sellers Hosting Terms and Conditions can be viewed on the Sellers website.
c. Website and software solutions developed and directly written by the Seller for the Buyer include a warranty period of three (3) months from the date of delivery of the solution. Website and software solutions, or any other product not explicitly developed, written or manufactured by the Seller are excluded, and are only covered by the original developers / manufacturers warranty (if any).
d. Quality assurance checks and browser compatibility will extend back to Microsoft Internet Explorer 7 only unless otherwise agreed in writing.
e. Up to 1 hour of free training at the Sellers premises will be provided with any new website solution provided by the Seller. Additional training, or training requested by the Buyer to be at a different location will incur additional cost that will be invoiced to the Buyer.
f. Telephone support of up to 1 hour within a 30 day period from the time of the final invoice date is provided to the Buyer by the Seller for any website solution provided. There after, all support may be invoiced to the Buyer at the Sellers discretion. All support calls requiring a visit to the Buyers premises or any other designated location will be invoiced to the Buyer.
g. It is the Buyers responsibly to ensure that all content (including but not limited to text, logos, images & photographs) used within a website or any other means, whether supplied to or supplied by the Seller does not breach any local or international copyright, trademark, patent, or other usage restrictions.
h. The Seller reserves the right to include a link to its website at bottom of each website page of the Buyers website.
i. Either the Seller or the Buyer may cancel this agreement by giving the other party written notice of its intention to do so (“Cancellation Notice”). Where the Buyer has cancelled this agreement and work has already been undertaken, the Buyer shall be liable for 10% of the quoted price plus all costs incurred (including time spent and materials purchased) up to the date of the Cancellation Notice.
j. Upon delivery to the Buyer, risk in the products and services passes to the Buyer.
5. CLIENT REVIEW
a. At the completion of the developmental stage of any digital solution provided by the Seller, the Seller will provide the Buyer with an opportunity to review the appearance and content of the solution. The solution will be deemed to be approved by the Buyer, unless the Buyer notifies the Seller otherwise in writing or email within 7 days. Once approval or deemed approval has been given, any changes requested by the Buyer may incur additional costs.
6. RETENTION OF TITLE
a. Ownership of products, services and/or solutions shall not pass to the Buyer until the Buyer has paid all amounts owing to the Seller.
b. If the Buyer defaults in the payment of any amount due, the Seller will be entitled to repossess the products or close down the operation of any hosted electronic solution and where reasonably necessary for such purpose, may enter any premises where the products may reasonably be expected to be held. The Seller shall not be liable for any loss or damage caused or liability incurred in exercising its rights pursuant to this clause.
c. The Buyer shall pay on demand all costs, losses and expenses incurred by the Seller in connection with the enforcement of these Terms of Trade.
7. LIMITATION OF LIABILITY
a. Where the Buyer acquires the products and/or services for business purposes, the Buyer acknowledges that the provisions of the Consumer Guarantees Act 1993 are excluded. Otherwise, all warranties implied by statute shall apply to the supply of these products and/or services.
b. The Buyer agrees to defend, indemnify and hold the Seller harmless from and against any and all claims, losses, liabilities and expenses related to or arising out of the products and services provided by The Seller under this agreement, including without limitation, claims made by third parties (including the Buyers customers) related to any false advertising claims, liability claims for products or services sold by the Buyer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of products and services provided by the Buyer both now and in the future, or for any content submitted by the Buyer for publication by the Seller.
8. PRIVACY
a. The Buyer authorises the Seller to collect, retain, and use personal information about the Buyer for the following purposes only:
i. assessing the Buyer’s creditworthiness
ii. disclosing to a third party details of the Buyer for the purpose of recovering amounts payable by the Buyer and providing credit references.
iii. marketing products and services provided by the Seller to the Buyer. Any person(s) who receive this information, primarily by email can opt-out at any time via the Sellers website.
b. The Seller will never give, lease, sell or otherwise disclose the Buyers information supplied to the Seller by any means to any third parties.
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