Terms of Trade
1. GENERAL
a. These Terms of Trade govern the sale and ongoing support and management of products and/or services by go FORWARD Limited (“the Company”) to any company, organisation or individual (“the Client”).
b. Any order placed, subsequent payment, and use of products and/or services with the Company constitutes the Client's agreement to be bound by these terms.
c. Any additional or different terms the Client stipulates or states in any communication with the Company (including an order) are hereby negated and will not bind the Company unless the Company agrees in writing.
d. These Terms of Trade may be amended by the Company from time to time without notice to the Client.
e. The Company reserves the right to amend the prices and charges for their products and services at anytime without notice to the Client.
f. ("Services") and ("Service") are defined as but not limited to the supply of products developed, written or manufactured, services provided, or solutions developed.
2. QUOTATIONS
a. Where a quotation is given by the Company for 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 Travel Time & KM Charges for meetings away from the Company's offices, 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 Company upon delivery of the Services, unless credit has been otherwise arranged.
b. Where Services provided extend over a period of a month, The Company may submit an invoice for Services provided up to the end of each month, or as per the schedule of payments agreed between the Company and the Client for each project. The value of the Services shall include the value of any variations that have been agreed by both the Company and the Client. All invoices must be paid within 14 days.
c. The Company may charge interest on overdue accounts at such a rate as may be determined by the Company from time to time.
d. If the Company incurs any expenses in recovering any monies due from the Client, the Client shall on demand, pay those expenses.
4. DELIVERY OF PRODUCTS AND SERVICES
a. The Company is not liable for any loss or damages whatsoever due to the Company’s failure to deliver the Services promptly or at all.
b. If the delivery of the Services includes Website Hosting Services, the Client's agreement to be bound by the Company's Hosting Terms and Conditions is acknowledged by the Client's use of and payment of the Company's Services, support services and/or any software or solution made available by the Company. The Company's Hosting Terms and Conditions can be viewed on the Company's website.
c. Any Service provided by the Company for the Client includes a warranty period of three (3) months from the final invoice date from the Company to the Client. Any Services not explicitly developed, written or manufactured by the Company are excluded, and are only covered by the original developers / manufacturers warranty (if any).
d. Any Services provided will be tested by the Company to function on technology that is current at the time. The Company cannot/will not be held liable for issues that arise with any Services provided on new or updated technology subject to our Warranty period. Technology can include but is not limited to all devices, operating systems, software, systems, connections, to internet browsers; irrespective whether the technology is owned by or a Service provided the Company, the Client, or any other third party. If technology issue arrises, an initial quote will be provided by the Company to the Client for diagnotics, and a second quote for resolution, and will be payable by the Client for investigation and resolution.
e. At the completion Services provided by the Company, the Company will provide the Client with an opportunity to review the appearance and content of the Service. The Services will be deemed to be approved by the Client, unless the Client notifies the Company otherwise in writing or email within 7 days. Once approval or deemed approval has been given, any changes requested by the Client may incur additional costs.
f. Up to 1 hour of training at a location nominated by the Company within Taranaki or by telephone will be provided with any new Services supplied by the Company. Training outside of Taranaki, and additional training requested by the Client will incur additional cost that will be invoiced to the Client.
g. Up to 2 hours telephone or email support with no additional cost within a 30 day period from the time of the training carried out in clause 4.f is provided to the Client by the Company for any new Service provided by the Company. Thereafter, if the Clients Services are hosted by the Company, up to 5 minutes telephone or email support on how to use the Services provided by the Company are included in the hosting Services fee. If the telephone or email support on how to use the Services provided by the Company per instance exceeds 5 minutes or the Clients Services are not hosted by the Company, support is charged at $120.00 per hour in 15 minute intervals at the Company's discretion. All support calls requiring a visit to the Client's premises or any other designated location will be invoiced to the Client.
h. It is the Client's 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 Company does not breach any local or international copyright, trademark, patent, or other usage restrictions.
i. The Company reserves the right to include a link to its website at bottom of each website page of the Client's website.
j. Either the Company or the Client may cancel this agreement by giving the other party written notice of its intention to do so (“Cancellation Notice”). Where the Client has cancelled this agreement and work has already been undertaken, the Client 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.
k. Upon delivery of any Service to the Client, risk in the Services passes to the Client.
5. RETENTION OF TITLE
a. Ownership of Services shall not pass to the Client until the Client has paid all amounts owing to the Company.
b. The Client may request the Domain Keys (UDAI Codes) for any domain names managed by the Company at anytime. As long as there are no invoices ourstanding from the Client to the Company, the Domain Keys will normally be provided via email to the Client within 3 working days. If there are any invoices outstanding from the Client to the Company, the Domain Keys will be provided by email to the Client within 3 working days of all invoices being paid in full to the Company.
c. If the Client defaults in the payment of any amount due, the Company 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 Company shall not be liable for any loss or damage caused or liability incurred in exercising its rights pursuant to this clause.
d. The Client shall pay on demand all costs, losses and expenses incurred by the Company in connection with the enforcement of these Terms of Trade.
6. WEBSITE ADMINISTRATION SYSTEM OWNERSHIP
a. The Website Administration System (or "Content Management System") enabling website content updating of go WEBSITE, go SHOP or any other development project by the Company remains the property of the Company and the Company retains full ownership rights and all intellectual property rights of the Website Administration System.
b. The Client is granted full access and use of the Website Administration System whilst engaging the website management services of the Company. Should the Client wish to directly manage their website solution or have their website solution managed by another representative other than the Company, the fully operational website will be provided to the Client excluding the Website Administration System. The Client understands that although their website will be fully operational they will be unable to make any further content changes without the Website Administration System.
c. The Client specifically agrees not to do anything that may in any way infringe upon or undermine the Company's rights, title or interest in The Website Administration System. This includes, but is not limited to any copy, sale, transfer, or gift of the whole or any part of any item, data or information relating to The Website Administration System. Any breach of the above conditions may result in legal action.
7. LIMITATION OF LIABILITY
a. Where the Client acquires the Services for business purposes, the Client 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 Services.
b. The Client agrees to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liabilities and expenses related to or arising out of the Services provided by The Company under this agreement, including without limitation, claims made by third parties (including the Client's) related to any false advertising claims, liability claims for Services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of Services provided by the Client both now and in the future, or for any content submitted by the Client for publication by the Company.
8. PRIVACY
a. The Company takes privacy seriously and does everything possible to ensure information collected is kept as secure as possible.
b. In doing business with the Company, the Company will request personal information from you. Some of the personal information could include, but not be limited to, your name, company or organisation name, e-mail address, website address, or telephone number. This information is stored on company computers and third party computer systems in New Zealand and overseas.
c. The Company will never give, lease, sell or otherwise disclose the Client's information supplied to the Company by any means without your consent to a third party except for the following reasons:
1. assessing the Client's creditworthiness
2. providing credit references to third partes as requested by the Client in writing
3. disclosing to a third party details of the Cleint for the purpose of recovering amounts payable by the Client
4. as required by law
5. in the event that the Company sells its hosting, email, domain management and associated services (Hosting Services). The following information at a minimum will be provided to the third party that has purchased the Hosting Services from the Company. The Clients business name, contact name(s), address, email address, and phone numbers. The Company will also supply all access to the Clients website hosting, website files (including source code, design files, documentation, photos, supplied content etc), email hosting and domain management details that are managed by the Company in order for the third party that has purchased the Hosting Services to bill the Client and provide on-going services to the Client.
d. The Company will only contact you when you have requested contact and provided your contact details. Personal information collected for these purposes may be stored by the Company in their systems, or in third party systems and/or products used by the Company.
e. You may subscribe to receive information and regular updates from the Company at any time. Should you at any point unsubscribe, you will be removed and will no longer receive information from the Company.
f. You have the right under the Privacy Act 2020 to access any personal information held about you by the Company and to correct or delete such information.
g, As required by New Zealand law, if the Company experiences a privacy breach resulting in private information being obtained by anyone outside the Company, we will notify you and will report the privacy breach to the Privacy Commissioner as soon as possible via https://privacy.org.nz/.
E&OE.
Document Revision Date: 26th September 2016