Terms of Trade
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 Customer”).
b. Any order placed, subsequent payment, and use of products and/or services with the Company constitutes the Customer's agreement to be bound by these terms.
c. Any additional or different terms the Customer 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 Customer.
e. The Company reserves the right to amend the prices and charges for their products and services at anytime without notice to the Customer.
f. ("Services") and ("Service") are defined as but not limited to the supply of products developed, written or manufactured, services provided, or solutions developed.
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.
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, which must be paid within 14 days. The value of the Services shall include the value of any variations that have been agreed by both the Company and the Customer.
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 Customer, the Customer 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 Customer's agreement to be bound by the Company's Hosting Terms and Conditions is acknowledged by the Customer'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 Customer includes a warranty period of three (3) months from the final invoice date from the Company to the Customer. 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 Customer for investigation and resolution.
e. At the completion Services provided by the Company, the Company will provide the Customer with an opportunity to review the appearance and content of the Service. The Services will be deemed to be approved by the Customer, unless the Customer notifies the Company otherwise in writing or email within 7 days. Once approval or deemed approval has been given, any changes requested by the Customer may incur additional costs.
f. Up to 1 hour of free training at the Company's premises will be provided with any new Services provided by the Company. Additional training, or training requested by the Customer to be at a different location will incur additional cost that will be invoiced to the Customer.
g. Telephone support of up to 1 hour within a 30 day period from the time of the final invoice date is provided to the Customer by the Company for any new Service provided. There after, all support may be invoiced to the Customer at the Company's discretion. All support calls requiring a visit to the Customer's premises or any other designated location will be invoiced to the Customer.
h. It is the Customer'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 Customer's website.
j. Either the Company or the Customer may cancel this agreement by giving the other party written notice of its intention to do so (“Cancellation Notice”). Where the Customer has cancelled this agreement and work has already been undertaken, the Customer 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 Customer, risk in the Services passes to the Customer.
5. RETENTION OF TITLE
a. Ownership of Services shall not pass to the Customer until the Customer has paid all amounts owing to the Company.
b. If the Customer 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.
c. The Customer 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 Customer is granted full access and use of the Website Administration System whilst engaging the website management services of the Company. Should the Customer 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 Customer excluding the Website Administration System. The Customer 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 Customer 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 Customer acquires the Services for business purposes, the Customer 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 Customer 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 Customer's customer's) related to any false advertising claims, liability claims for Services sold by the Customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction o fServices provided by the Customer both now and in the future, or for any content submitted by the Customer for publication by the Company.
a. The Customer authorises the Company to collect, retain, and use personal information about the Customer for the following purposes only:
i. assessing the Customer's creditworthiness
ii. disclosing to a third party details of the Customer for the purpose of recovering amounts payable by the Customer and providing credit references.
iii. marketing products and services provided by the Company to the Customer. Any person(s) who receive this information, primarily by email can opt-out at any time via the Company's website.
b. The Company will never give, lease, sell or otherwise disclose the Customer's information supplied to the Company by any means to any third parties.
Document Revision Date: 23rd February 2016
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