Service Provider: means MEDRI (NZ) LTD trading as NetRight
Client: means the person or entity engaging or requesting NetRight services, and in the event the client is a company, any person acting on behalf of and with authority of the client.
Any instructions received by the service provider from the client for the supply of services, shall constitute acceptance of the terms & conditions contained herein.
ESTIMATES and PRICING
Pricing is an estimate only and will be given in writing and clearly labelled; this is due to the nature of implementation, projects, delays beyond the control of NetRight, data cleansing, layout or database changes, technical issues such as with pc's or the IT environment and database and template conversions. Estimates are subject to change and can be exceeded by up to 20% of the original estimated before the service provider is required to clarify with the client.
Pricing is valid for 30 days from date of issue.
It is required that all software and hardware must be fully paid for in advance.
NetRight charges travel costs and incidentals where applicable and these are additional to estimated prices.
All payments, other than software and hardware, are due 10 days after the invoice date unless otherwise arranged in advance and confirmed in writing. The service provider reserves the right to require either security or payment in advance before delivering products and services.
Ownership of the goods supplied as part of this service is retained by us the service provider until payment in full for the goods and services supplied is received. The client shall hold the goods for the service provider as a fiduciary owner, notwithstanding any period of credit allowed by us the service provider upon default of any payment due by the client to the service provider or, either before or after any period of the credit expires, upon the client becoming insolvent or having a receiver appointed or going into liquidation, the service provider may enter the premises where the goods are kept and recover possession of the goods subject to the credit (repossession) act 1997. The service provider may temporarily shut down the website until all debt owed to the service provider by the client is paid in full.
INTEREST AND LEGAL EXPENSES
If the client fails to make payment by the due date the client shall be liable to pay the service provider:
a. Default interest on the amount outstanding calculated at principal bank lending rate plus 5% per month, and shall accrue after as well as before judgement.
b. We may temporarily or permanently suspend your account.
c. All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you the client are liable for its payment.
The service provider is required to act within the:
a. the fair trading act 1986
b. privacy act 1993
c. repossession act 1997
d. The Consumer Guarantees Act 1993, unless providing a service for a business or company in which case the Consumers Guarantee Act 1993 does not apply.
Subject always to the provisions of the privacy act 1993.
a. The client permits the service provider to collect, use and retain information concerning the client, for the purpose of assessing the client's credit worthiness or to enforce any rights under these terms and conditions and any contract or proposal supplied to the client.
b. The client permits the service provider to disclose information obtained to any person for the purposes set out in clause (a) of this section.
INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights to all information, templates, documents, resources etc... supplied to the client by the service provider remain the property of the service provider (unless permission is granted in writing or are open source). Neither party may assign any of its rights or obligations under this agreement without the prior consent of the other party.
On full payment the website is owned by the CLIENT, however the hosting site is owned by the Service Provider and all fees applicable to hosting of your site are payable. We the service provider reserve the right to temporarily suspend your website if any invoices pertaining to the website are not settled. The service provider also reserves the right to charge a $45 plus GST reconnection fee.
PPSA "personal property securities act 1999" the client agrees that the provisions herein constitute a security interest in personal property (as those terms defined in the personal property securities act 1999 ("PPSA") in respect of which the service provider may register a financing statement on the personal property securities register.
The client hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.
EXEMPTION OR LIMITATION FROM LIABILITY WHERE PERMITTED BY LAW
Except in the event of wilful default or dishonesty by the service provider, the client indemnifies and saves harmless the service provider from and against all actions, claims, demands, losses, costs, damages and expenses (including, without limitation, reasonable legal costs on a solicitor/client basis) incurred by the service provider as a direct or indirect result of performing the services.
If the service provider is liable to the client, whether in contract, tort or otherwise, that liability will only extend to any direct loss or damage suffered by the client as a result of breach by the the service provider of its obligations to the client.
In the event that of a dispute the client must immediately notify the service provider giving details of the dispute. The client agrees that the service provider and the client acting in good faith will then endeavour to resolve the dispute. In the event the dispute or difference cannot be agreed to, both the client and the service provider agree that a mediator will be appointed. If the dispute is not settled by mediation within 30 working days of service of notice of the dispute by any party, or such further period as the parties agree in writing, the dispute shall be referred to and finally resolved by arbitration.
The service provider may cancel these terms & conditions or service by giving notice. The service provider shall not be liable for any loss or damage arising from such cancellation. The client may cancel services at the client's sole discretion and will be liable for any costs incurred by the service provider.
For cancellation of hosting NetRight requires one months notice, otherwise a fee of $45.00 + GST applies.
For cancellation of training NetRight requires 48hrs notice, otherwise a fee of $100.00 + GST applies.
The service provider makes no warranty, express or implied as to the fitness for a particular purpose due to such other issues beyond the service provider control which may affect the final result.
Acknowledging acceptance by ticking the "acceptance of terms and conditions" box on this website means you the client are deemed to have signed and accepted these terms as required under the credit (repossession) act 1997 and personal property securities act 1999.