Terms and Conditions

These standard terms apply in respect of all work done by us for you. Any exceptions or changes need to be agreed to by both parties in writing.

  1. Services

1.1. The services we are to provide for you are outlined in our Engagement letter.

 

  1. Fees

2.1. In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred.

2.2. GST is payable by you on our fees and charges.

2.3. Time for payment of invoices is of the essence. Invoices are payable within 7 days of invoice unless otherwise arranged.

 

  1. Termination

3.1. You may terminate our services in writing at any time.

3.2. If our services are terminated, you must pay us all fees due and all expenses incurred up to the date of termination.

 

  1. Default & Consequences of Default

4.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

4.2. In the event that your payment is dishonoured for any reason you shall be liable for any dishonour fees incurred by us.

4.3. If you default in payment of any invoice when due, you agree to indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.

4.4. Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment), we may suspend or terminate the supply of services to you and any of our other obligations under the terms and conditions. We will not be liable to you for any loss or damage you may suffer because we have exercised our rights under this clause.

4.5. If any account remains overdue after thirty (30) days then an amount of the greater of $20 or 10% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.

4.6. Without prejudice to our other remedies at law we shall be entitled to cancel the provision of any agreed services (or any part of thereof) which remain unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable in the event that:

  1. a) any money payable to us becomes overdue, or in our opinion you will be unable to meet your payments as they fall due; or b) you become insolvent, convene a meeting with your creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of your creditors; or
  2. b) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of

 

  1. Privacy Act 1993

5.1. You authorise us to:

  1. a) collect, retain and use any information about you, for the purpose of assessing your creditworthiness or marketing products

and services to you; and

  1. b) to disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt
    collection or notifying a default by you.

5.2. Where you are an individual the authorities under (clause 8.1) are authorities or consents for the purposes of the Privacy Act 1993. You shall have the right to request us for a copy of the information about you retained by us and the right to request us to correct any incorrect information about you held by us.

  1. Returns Policy

6.1 Any goods or services provided to you and handed over to you in working condition are not returnable once the website/hosting has been handed over to you.