Extranet Technologies Limited - Terms and Conditions

1.1 “Extranet” shall mean Technologies Limited , or any agents or employees thereof.

1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Extranet.

1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Extranet to the Customer; and

1.3.4 all Goods supplied by Extranet and further identified in any invoice issued by Extranet to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and

1.3.5 all Goods that are marked as having been supplied by Extranet or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Extranet; and

1.3.6 all of the Customer’s present and after-acquired Goods that Extranet has performed work on or to or in which goods or materials supplied or financed by Extranet have been attached or incorporated.

1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.

1.4 “Goods and Services” shall mean all goods, products, services and advice provided by Extranet to the Customer and shall include without limitation the supply of information technology services including the sale, installation, configuration, maintenance and upgrade o f computer systems and networks, software and all consultation services and all charges for time and attendances, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Extranet to the Customer.

1.5 “Price” shall mean the cost of the Goods and Services as agreed between Extranet and the Customer and includes all disbursements eg charges Extranet pay to others on the Customer's behalf subject to clause 4 of this contract.

2.1 Any instructions received by Extranet from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Extranet at the time of the contract.

4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Extranet between the date of the contract and delivery of the Goods and Services.

5.1 Subject to clause 5.2 payment for Goods and Services shall be made in full on or before the 20^th day of the month following the date of the invoice (“the due date”).

5.2 Where stipulated payment for Goods and Services will be made in full on or before the 7^th day following the date of the invoice.

5.3 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

5.4 Any expenses, disbursements and legal costs incurred by Extranet in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.

5.5 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and

6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;

6.1.3 Extranet reserve the right to alter the quotation because of circumstances beyond its control including the fluctuation of exchange rates.

6.2 Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and Services.

7.1 The Goods and Services remain at Extranet’s risk until delivery to the Customer.

7.2 Delivery of Goods and Services shall be deemed complete when Extranet gives possession of the Goods and Services directly to the Customer or possession of the Goods and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.

7.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Extranet making time of the essence.

8.1 Title in any Goods and Services supplied by Extranet passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by Extranet and of all other sums due to Extranet by the Customer on any account whatsoever. Until all sums due to Extranet by the Customer have been paid in full, Extranet has a security interest in all Goods and Services.

8.2 If the Goods and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods and Services shall remain with Extranet until the Customer has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Extranet as security for the full satisfaction by the Customer of the full amount owing between Extranet and Customer.

8.3 The Customer gives irrevocable authority to Extranet to enter any premises occupied by the Customer or on which Goods and Services are situated at any reasonable time after default by the Customer or before default if Extranet believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Extranet shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Extranet may either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as Extranet reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.

8.5.3 Any Goods and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods and Services.

8.5.4 Any Goods and Services in the possession of the Customer are materially damaged while any sum due from the Customer to Extranet remains unpaid.

8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.

8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.

9.1 The Customer gives Extranet a security interest in all of the Customer’s present and after-acquired property that Extranet has performed services on or to or in which goods or materials supplied or financed by Extranet have been attached or incorporated.

10.1 Extranet may in its discretion allocate any payment received from the Customer towards any invoice that Extranet determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Extranet, payment shall be deemed to be allocated in such manner as preserves the maximum value of Extranet’s purchase money security interest in the Goods and Services.

11.1 Where the Customer has not paid for any Goods and Services in its possession property in such Goods and Services shall remain with Extranet and:

11.1.2 Title in the Goods and Services shall remain with Extranet until the client has made payment for the Goods and Services.

11.2 The Customer gives irrevocable authority to Extranet to enter any premises occupied by the Customer, at any reasonable time, to remove any Goods and Services not paid for in full by the Customer. Extranet shall not be liable for costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.

12.1 No claim relating to the Goods and Services will be considered unless made within seven (7) days of delivery.

12.2 No Goods will be accepted for return without the prior approval of Extranet.

13.2 Except as otherwise provided by clause 13.1 Extranet shall not be liable for:

13.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by Extranet to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Extranet to the Customer; and

13.2.2 The Customer shall indemnify Extranet against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Extranet or otherwise, brought by any person in connection with any matter, act, omission, or error by Extranet its agents or employees in connection with the Goods and Services.

15.1 Extranet, owns and has copyright in all designs, specifications, documents, software and software solutions produced by Extranet in connection with the Goods and Services provided pursuant to this contract and the client may use the Goods and Services only if paid for in full and for the purpose for which they were intended and supplied by Extranet.

16.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Extranet for the purposes of a business in terms of section 2 and 43 of that Act.

17.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Extranet agreeing to supply Goods and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Extranet the payment of any and all monies now or hereafter owed by the Customer to Extranet and indemnify Extranet against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

18.1 Extranet shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

18.2 Failure by Extranet to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Extranet has under this contract.

18.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Introduction
Extranet is very aware of the importance of keeping personal information private and confidential. As a minimum standard we aim to comply fully with the obligations imposed by the New Zealand Privacy Act 1993. We detail below some of the steps we take to ensure that we deal with personal information in an appropriate manner.

Collection of personal information
We obtain information about you in a variety of ways. You provide some information to us when you become a customer of ours. We obtain other information from your use of our service. If you do not give us that information then we may be unable to provide you with our services.

The information which we collect is held at our office, in Auckland, New Zealand

Use and disclosure of information
We use personal information to develop services, to provide services to you and to bill you for those services. We also use that information to send you information about our services and those of our selected business partners.

Sometimes we may use an outside agency (such as a telemarketing company) to assist with the promotion of our services and analysis of the use of our services. Where we provide any personal information to such an outside agency we will ensure that the agency is under an obligation to keep that information confidential and to use that information only for the promotion or analysis of our services.

Law enforcement agencies such as the police have the right in some cases to require us to release information we hold.

Recording calls
When you call our company we may record the call. This enables us to train our staff and also helps us to ensure that we act in accordance with your instructions.

Updating information
We always try to make sure that the information we hold is up to date. However we need your help with this. Please notify us if you change your address or other contact details.

Requesting personal information
You are entitled to see any information we hold about you which can readily be recovered. However we will charge you the reasonable costs we incur in providing that information. If you would like a copy of your personal information please send a written request to Manager - Customer Accounts, Extranet Technologies Limited, PO Box 7726, Wellesley Street, Auckland.

Security
We have extensive security and management systems in place to reduce the likelihood of anyone obtaining unauthorised access to any information we hold about you. However, we cannot guarantee that those systems will always prevent such unauthorised access.

Visitors to our website
If you are not an Extranet customer, but you visit our website, then our system will automatically generate details such as the IP address of the machine you are using. We do not disclose that information except as required by law, or to third parties who assist us to monitor the usage of our website (and who have undertaken to use that information for no other purpose).

Further information
If you would like any further information regarding privacy matters please write to Manager - Customer Accounts, Extranet Technologies Limited, PO Box 7726, Wellesley Street, Auckland. In addition provisions relating to privacy appear in our General Terms of Trade

PLACING YOUR ORDER

You can place your order with Extranet Technologies Ltd by Fax, or E-mail. Please include all the relevant details at time of ordering.

Full and complete information helps us ensure you receive the correct product and quantity, at the correct location and at the correct price. If we are unable to supply any of the goods requested ex-stock we will contact you to advise you as to the ETA and/or discuss alternative product.

All physical products are couriered to the delivery location specified on the purchase order. The courier charges are added at cost to the price of the product and are shown separately on our invoice.

Electronic products such as license keys will be e-mailed or faxed to the invidual stated on the purchase order documentation.

PRODUCT EVALUATIONS

1.	Evaluation products with time expiry dates are listed in our price book at a greatly reduced cost. Software evaluation products may also be available as free downloadable items from our Web Site or the Vendors Web Site. Evaluations are available to re-sellers to provide to single specific clients under the following conditions. It is presumed that the re-seller will have had training on the product in to provide the evaluation product, and support on such, to their client.
2.	The evaluation of the product gives no ownership rights to it. Ownership of the product will always remain with either Extranet Technologies Ltd or the Vendor of the product.
3.	The single intended user of the evaluation product will not sell or give copies of the evaluation product, away, and will exercise reasonable precautions to ensure that they do not make it available to any third parties.
4.	Extranet Technologies Ltd and the Vendor of the evaluation product is not liable for any damages nor are there any guarantees and/or warranties (expressed or otherwise) granted in connection with the evaluation of the product.
5.	The evaluation period is for a maximum of 30 days from dispatch of product from Extranet. At the end of the thirty days, if the intended user does not expressly license the product, by purchase of a full version, they will stop using it, and delete all copies of the product from their systems.

At Extranet, we pride ourselves on providing good customer service. To enable us to do this, we need your help in following the procedures below to ensure your product return is processed promptly.

To return product for credit you must first obtain an RA Number by completing the Return Authorisation Form (see price list) and faxing it to us. Please understand we will not be able to process your return without an RA Number or an incomplete form.

Please ensure goods are in perfect unopened condition. As you will appreciate, product which is incomplete or in poor condition will not be accepted for credit.

NOTE: An RA number does not guarantee either the issue of a credit or dispatch of a replacement. It is simply authorisation to return the goods to Extranet. Upon receipt of the product Extranet will verify the returns procedures have been followed and advise the re-seller if they have not.

Terms and Conditions

Privacy Policy

PLACING YOUR ORDER

PRODUCT EVALUATIONS