Our Terms of Trade in a nutshell.
This is always the most awkward part of business. The Terms and conditions as described below are to protect ourselves and to make sure we stick around for the long term. This is simply a summary and you should read the full T&C's for more detail.
In short, please pay us on time, normally we expect payment on the same month the invoice was issued. We invoice at the beginning of each month for the previous months support work.
If you are late (past 30 days) a late payment penalty of $25 + GST applies, and we may start charging interest at 3.5%.
Hardware. Upfront payment is required before we order the equipment and 30% deposit on quoted labour for jobs $10,000 and more unless previously negotiated.
If you change your mind on hardware after it has been purchased it is too late.
Please read the more detailed Terms and Conditions to expand on the above points and more.
Terms of Trade
Definitions: Hoppersoft Two Point Zero Ltd (hereinafter referred to as 2.0 IT) and you or The Client refers to the person or company purchasing goods or enlisting the services of 2.0 IT
As a client of 2.0 IT, you, The Client, agree to be bound by the terms and conditions in this agreement. By using any of our services or purchasing any products or solutions, you acknowledge that you have understood and agree to these terms and conditions.
1. Conditions of Sale of Goods: All sales of hardware and software are made subject to the following conditions and by purchasing from 2.0 IT, the purchaser accepts these conditions
2. Warranty: All new goods are covered with a return to base parts and labour warranty for a period of 12 months from the date of invoice on hardware only. Software and consumable goods are not covered by any warranty. Although every care is taken to ensure that all second-hand goods supplied by 2.0 IT are of merchantable quality, no warranty is expressed or implied unless otherwise stated. Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any damage to other equipment used in conjunction with these goods or loss of data whilst using these goods or software.
3. Charges and Payment: All prices quoted exclude GST and are in New Zealand dollars unless otherwise specified. Prices are based on a per unit rate as shown in the invoice or quote. We reserve the right to adjust prices without notice. 2.0 IT will require payment in advance for the supply of any hardware or software for The Client, unless otherwise agreed in writing. If an on-account payment is offered, payment of the account is due within the agreed terms; otherwise the remainder of the account is due immediately following the issuance of an invoice.
4. Deposits - Labour: A deposit of 30% of the labour portion is payable for any work to be undertaken that is estimated to be worth in excess of $10,000. The deposit is required prior to work commencing.
5. Deposits – Hardware: A deposit of 100% is required for all hardware purchase, unless arranged prior to the order.
6. Accounts and Late Payment: Payment is due in full upon delivery and/ or completion of work for new clients, until a credit account is established. Payment of accounts is due on the agreed date or by the last day of the month of the invoice. A late payment penalty fee of $25 + GST is applied on Invoices past 30 days. Interest at 3.5% per month on the current balance may be charged on overdue accounts and shall compound on a daily basis starting from the due date. 2.0 IT reserves the right to stop all work or services until the account is brought up-to-date. In the event of default by The Client in paying for the services and/or goods provided, the amount outstanding will be referred to a debt collection agency for recovery such as Baycorp. Any expenses, disbursements, time to recover, reasonable solicitor’s fees and/or debt collection fees and losses incurred by 2.0 IT in recovering any unpaid monies shall be paid by The Client. The Client indemnifies 2.0 IT against all costs (including legal costs), losses and expenses incurred in the recovery of the outstanding overdue account.
7. Delivery of Goods: Any charges for handling (including packing materials) and freight charges are payable by The Client. The most cost-effective delivery method will be chosen if practical. 2.0 IT will not be responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.
8. Not Faulty Fee: If for any reason an item is returned to 2.0 IT that is tested not faulty a not faulty fee of 30% of the value of the item will be charged. We will not accept goods if they have been purchased in error, if you need assistance with finding the correct items let us know.
9. Cancellation of On-Sites The Client is required to notify 2.0 IT of any cancellation a minimum of 2 hours ahead of the scheduled start time. Failure to provide such notice results in the minimum callout and labour fee being charged.[S1]
10. Peak Demand Period and/or Loss of Service: The Client recognizes that 2.0 IT makes every attempt to select the most reliable systems and solutions, and that 2.0 IT will make best efforts to keep client’s systems up and running efficiently and cost-effectively, within the limits of The Clients’ IT budget. 2.0 IT will not be liable to reimburse or pay for any losses incurred by The Client due to loss of service caused by downtime experienced.
11. Risk of Data Loss: The Client assumes all risk of data loss from any and all causes or in any way related to or resulting from the repair or service of computer hardware, software or other equipment by 2.0 IT. The Client agrees to bear full responsibility for all data backup prior to any repair[S2] or service of computer hardware, software or other equipment by 2.0 IT. The Client hereby indemnifies 2.0 IT from any claim or liability related to data loss for any reason whatsoever.
12. Computer Viruses, Spyware & Adware: 2.0 IT agrees to take all reasonable measures to protect The Clients’ computer systems from computer Viruses, Spyware & Adware. The Client assumes [S3] all risk of computer Viruses, Spyware & Adware and will not hold 2.0 IT responsible. The Client is responsible for the costs of consulting time and materials required to remove any computer Viruses, Spyware or Adware or any damage caused by such infections.
13. Disputes: Any dispute shall, at the option of 2.0 IT, be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.
14. Laws: If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and 2.0 IT and The Client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The Client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.
15. Confidentiality: This Confidentiality, Privacy and Compliance portion of this Agreement is in addition to other terms and conditions set forth in any and all contracts currently existing or hereafter created between The Client and 2.0 IT. This agreement shall under no circumstances be deemed to alter any such contract except as specifically provided below. 2.0 IT acknowledges that in the course of providing services to The Client, 2.0 IT may learn from Client certain non-public personal and otherwise confidential information relating to The Client, including its customers, consumers or employees. 2.0 IT shall regard any and all information it receives which in any way relates or pertains to The Client, including its customers, consumers or employees as confidential.
2.0 IT shall take commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose other than purposes which serve The Client or as expressly and specifically permitted in writing by the Client or as required by applicable law.
16. The Client acknowledges that it also has responsibility to keep records and information of its business, customers, consumers, and employees, confidential.
17. The Client also acknowledges that all information and services, consulting techniques, proposals, and documents disclosed by 2.0 IT, or which comes to its attention during the course of business and provided under this agreement, constitute valuable assets of, and confidential and/or proprietary information of 2.0 IT. This provision shall survive termination of this Agreement and any other agreements between the Client & 2.0 IT.
18. Client Responsibilities: The Client shall provide adequate workspace, heat, light, ventilation, electric current and outlets, internet, remote access (where agreed), and long-distance telephone access for use by 2.0 IT’s representatives. The Client agrees that it will inform 2.0 IT of any modification, installation, or service performed on the Network by individuals not employed by 2.0 IT in order to assist 2.0 IT in providing an efficient and effective Network support response.
19. Health and Safety: The Client shall provide a safe working environment for any of 2.0 IT’s employees, agents, or representatives whilst on the Clients’ premises. The Client will provide all necessary site inductions and health and safety training to ensure the safety of 2.0 IT’s employees, agents, or representatives at all times.
· Operating Hours Standard office operating hours are from 8:30am to 6pm, Monday till Friday. Support is available 24/7 where required, however double-time charges and minimum of two hours of support is applicable for unscheduled out of hours work unless other agreements or contracts are in place. Please note no guarantee on response or resolution times apply to break fix customers.
· Emergency Support: Standard IT Support on a break fix basis does not include access to emergency support services. Should your team detect an issue with a service or device outside standard business hours, you can contact the Emergency Support team to report the issue. 2.0 IT’s team will investigate the issue and act appropriately. Emergency after hour rates will apply. Please note no guarantee on response or resolution times apply.