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SIMPLESITES
LIMITED TERMS OF TRADE
This clause
is a condition of the contract between SimpleSites Limited (“SimpleSites”)
and (“the Customer”)
The following terms and conditions shall apply
in respect of the supply of services under the within contract between
SimpleSites and the Customer:
1
Payment
1.1
Payment must be made within 14 days following the issue of invoices for
payment of supply of services, time being of the essence. After 14 days
unpaid accounts will incur a late payment fee of $5 and collection costs.
1.2
All legal costs (on a solicitor and client basis) and expenses incidental
thereto and all credit collection commissions and charges arising or
incurred as a result of non-compliance with items 1.1 shall be payable by
the Customer.
2
Warranty
2.1
SimpleSites warranty extends to labour only for a period of 30 days from
the date of completion of the supply of the service.
2.2 The warranty does not extend to:
2.2.1 Damage caused to the computer
system due to:
a) Any modification to the computer operating system or hardware
configuration by the Customer and/or
b) External causes, including but not limited to, accident, abuse,
misuse, problems with
electrical power supply and usage not in accordance with the component
specifications.
2.2.2
Loss of Data. It is the responsibility of the Customer to ensure that data
is regularly backed up externally from the computer system.
2.3
SimpleSites is not responsible for any pre-existing conditions of the
Customer’s computer’s hardware.
3
Exclusion of Liability
3.1
Subject to clause 2 SimpleSites excludes all liability it may have to the
Customer. SimpleSites is not liable to the Customer for any loss, damage
or otherwise caused to the Customer by any act or omission of SimpleSites,
or any delay in doing anything, whether or not it is contemplated or
authorised by any agreement the Customer has with SimpleSites. This
exclusion applies in respect of whatever the Customer is claiming for and
however the liability arises or might arise if it were not to this
paragraph.
4
Consumer Guarantees Act
4.1 If
any Customer places an order for the purposes of a business as defined in
the Consumer Guarantees Act 1993, the provisions of that Act do not apply.
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