A2Z Data Limited
Standard Terms & Conditions for the provision of Services and Products
In addition to any software End-User Licence Agreement – A2Z Data Limited
(Hereafter A2Z) have the following terms and conditions for the provision of services and sale of product
A) Provision of Credit.
1) The Client (hereafter Client) will pay A2Z the fees applicable to the service or product purchased.
2) Full payment is due 14 days from date of invoice.
3) Deposits are due before any work commences and are non-refundable.
4) Utilisation of A2Z services or purchase of products is deemed acceptance of these terms and conditions.
5) Until payment is made in full for both Services and Product, A2Z retains title and ownership of any products and may repossess such items at any time whilst they remain unpaid.
6) All costs incurred in collecting any debt will be charged to the client and the client is liable to reimburse A2Z for these costs.
7) Full license keys will not be issued until payment has been fully cleared through the banking system into A2Z bank account.
8) If payment is not made in full by the due date, A2Z is entitled to charge you daily interest on the unpaid overdue balance at the rate of 5% per annum above the current base overdraft rate charged by A2Z bankers, compounding monthly owing on the first day of each month, until payment is received in full.
9) Breach of these terms shall entitle A2Z at its option, to suspend cancel or with hold any or all services and further products.
10) A2Z reserves the right to amend these terms and conditions at its discretion.
11) Updated Terms and Conditions are available from our website: www.a2zdata.co.nz
B) Provision of Software, Services and/or Modifications
1) A2Z and/or the Authors of the software retain copyright, title and intellectual property rights always.
2) No consent is granted to the Client to make modifications except through the authorised services of A2Z or its agents.
3) A2Z will invoice on the agreed terms provided in each quotation or Activity Report and the client will pay in accordance with the terms in clause A1-2 above.
4) Renewal of Cover or Maintenance will be billed on the anniversary of the installation of your Software Product. A minimum of three (3) months written notice to terminate the contract must be given by you to A2Z. Cover/Maintenance is an annual fee and is non refundable and payable in advance. Reinstatement costs will apply.
C) Termination and Breach
1) If the Client fails to comply with any of the provisions of this agreement and does not rectify such non-compliance within 7 days of A2Z giving notice either in writing, fax or email, then A2Z may without prejudice to any other rights or remedies and without being liable to the Client for any loss or damage that may result, give notice to the Client terminating their right to use the software. Upon termination of the agreement the Client shall lose all right to use the products and shall forthwith deliver the products to A2Z and destroy all copies made. The Client shall certify in writing that the copies have been destroyed.
2) Until such breach is remedied A2Z may at its discretion refuse to supply any service or product.
D) Miscellaneous
1) Consumers Guarantee Act 1993 (CGA). The following clauses adhere to standard CGA business practices that ensure that CGA obligations are contracted out of, where possible (specifically when sales relate to business activities).
2) If you are purchasing or holding yourself out as purchasing the Services or Products for a business purpose then the provisions of the CGA are excluded from this supply agreement.
3) This agreement constitutes the agreement between A2Z and the client hereby acknowledges that no reliance is placed on any representation made but not embodied in this agreement.
4) Query Process: - Any query should be emailed promptly to judi@a2zdata.co.nz.
E) Rates & Fees
1) The standard hourly rate is that set by A2Z and may be varied from time to time.
2) The rate for after hours service is 1.5 times the standard rate for a minimum of 2 hours, and then 1.5 times the standard rate per hour or part thereof minimum units of 1 hour.
3) All rates quoted in this agreement exclude G.S.T. or local applicable taxes.
4) All expenses are charged to the client and an onsite fee per visit is charged at a rate set by A2Z and may be varied from time to time.
I/We are authorized to accept and acknowledge the terms and conditions as set above.
Company Name: Name: Signature: Date:
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