SERVICE PROVIDER: means Reality Control Computer Services CLIENT: means the person or entity engaging or requesting Reality Control Computer Services, and in the event the client is a company, any person acting on behalf of and with authority of the client.
ACCEPTANCE 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 either verbally or in writing; this is due to installs and labour varying due to reasons beyond the control of the Service Provider. 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.
PAYMENT TERMS All payments are due 14 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 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.
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.
ETHICAL AND LEGAL REQUIREMENTS The Service Provider is required to act within the a. Health and Safety in Employment Act 1992 b. Consumer Guarantees Act 1993; unless the Services are acquired for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 are excluded in relation to the Services. c. The Fair Trading Act 1986 d. Privacy Act 1993
PRIVACY ACT 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.
CONFIDENTIALITY The Service Provider shall use all reasonable commercial efforts to: Preserve the confidentiality and avoid the disclosure of the Clients Confidential Information (defined below), unless strictly required otherwise by law; Not at any time disclose, give, or transmit (in any manner or form or for any purpose) the Clients Confidential Information to any person, party, firm, or corporation unless required by law; Not use any Confidential Information in any way other than for the purpose of providing the Services to the Client. Ensure that all The Service Providers employees or agents to whom the Clients Confidential Information is disclosed are legally bound to keep the Clients Confidential Information confidential. 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 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames. The nature and scope of information technology equipment has differing amounts of complexity and therefore estimated timeframes may need to be exceeded. The Service Provider is not responsible for third party software and/or the hardware utilised by the Client. Any potential conflict that may exist between software applications and/or the hardware is not the responsibility of the Service Provider. Installations of licensed software are done on a best efforts basis and any potential conflicts that may cause issues should be referred directly to the software and/or the hardware company. The Client must ensure adequate back up of all their own data, to ensure recovery in the event data is lost whilst the computer is with the Service Provider. 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.
DISPUTES 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 Litigation.
CANCELLATION The Service Provider may cancel these terms & conditions or services 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.
SEVERABLE If any of these Terms and Conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
TERMS AND CONDITIONS OF USE OF REALITY CONTROL COMPUTER SERVICES WEBSITE 1 Acceptance of Terms 1.1 Your access to and use of Reality Control Computer Services ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 The Services The Website may provide communication tools such as email, news groups, and/or other message or communication facilities ("the Services") designed to enable you to communicate with us. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 Child Supervision We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, news groups, and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child.
5 User Account, Password and Security If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Reality Control Computer Services be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
6 Acceptable Use 6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. Reality Control Computer Services will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
7 Termination We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
8 Links to Third Party Websites The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Reality Control Computer Services is not responsible for the content or availability of any such sites.
9 International Use You agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 Intellectual Property Rights The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use, unless the materials have been explicitly stored on the website for the purpose of downloading by customers (e.g. the Free Resources)
11 Indemnity You agree to indemnify and hold Reality Control Computer Services harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Reality Control Computer Services by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Reality Control Computer Services in consequence of your breach of these Terms and Conditions.
12 Disclaimers and Limitation of Liability
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, Reality Control Computer Services will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 Reality Control Computer Services makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Reality Control Computer Services for death or personal injury as a result of the negligence of Reality Control Computer Services.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13 Severance If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 Governing Law These Terms and Conditions shall be governed by and construed in accordance with the law of New Zealand and you hereby submit to the exclusive jurisdiction of the New Zealand courts.