Terms of Service

Last Update: 13 July 2020

Definitions

In these Terms and Conditions, unless the context otherwise requires:

“Payment Terms” means any payment terms agreed to between you and us in writing, and if no such agreement was made, then the standard payment terms as specified on our invoices, as amended by us from time to time;
“Services”
means any goods or services whatsoever supplied by us to you;
“we”, “us”
and “our” means Overclock Limited;
“you” and “Customer” to refer to any customer of ours.

Services

We will undertake the Services to a standard reasonably expected of web developers in New Zealand.

Payment

The Customer agrees to make full payment for any invoices issued by Overclock Limited in respect of  Services in accordance with the Payment Terms.

The Customer’s failure to pay any account owed to Overclock Limited by the due date for payment will be a breach of these Terms and Conditions and Overclock Limited may, without prejudice to any other rights or remedies it may have, charge interest at the rate of its bank overdraft rate plus 5% until payment is received in full (both before and after judgment). Interest will be calculated daily and will compound daily.  

The Customer indemnifies Overclock Limited for all costs and/or expenses incurred by Overclock Limited in instructing a solicitor and/or debt collecting agency to recover any amount overdue for payment, and such costs and expenses will bear interest from the date on which they are paid or incurred by Overclock Limited up to and including the date on which the Customer pays or reimburses Overclock Limited at the rate of interest stipulated above.

Claims

Overclock Limited is not liable for any damage consequential on or resulting from the Services being found defective or in any way unsuitable.

Overclock Limited is not liable for any claims or damages arising from any Services supplied which are used for any purpose for which they are not designed or are not normally intended.

Limitation of Liability

To the extent that we are liable for any reason for any loss suffered or liability incurred by the Customer arising from any breach of these Terms and Conditions or for any other reason, such liability is limited to the amount of the actual cost of completing the Services (as applicable). If you make a claim in writing to us in relation to the Services, we may, in our discretion, re-perform the Services, or refund the amount of those Services to you, provided that:

  • the claim must be made in writing to us within 7 days of the Services being provided; and
  • you must supply the date and number of any invoice relating to the Services; and 
  • we must have a reasonable opportunity to inspect the work done under the Services.

Except to the extent that the law prevents us from excluding liability, we shall not be liable for any indirect or consequential loss or damage or liability of any kind whatsoever (including lost profit) arising directly or indirectly from Services.

Warranties

To the maximum extent permissible:

  • we do not provide any warranty or representation other than as is expressly set out in these Terms and Conditions; and
  • we expressly exclude all implied warranties, representations, conditions and obligations. 

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire Goods and Services from us for the purposes of a business in terms of sections 2 and 43 of that Act.

Remedies

The Customer is liable to Overclock Limited for all costs or losses incurred by Overclock Limited arising as a result the Customer’s breach of these Terms and Conditions and Overclock Limited’s legal costs (on a solicitor-client basis) of and incidental to the enforcement or attempted enforcement of the our rights and remedies under these Terms and Conditions. The Customer must pay default interest on any amount due and unpaid at the rate of Overclock Limited’s bank overdraft rate plus 5%.

Terms

These terms and any terms set out by Overclock Limited shall be included as terms in any contract resulting between the parties and in the case of any conflict arising between these terms or the terms of the Customer’s order then these Terms and Conditions shall prevail.

General

The placement of an order for Services by the Customer will for all purposes be deemed to be acceptance by the Customer of these Terms of Service.

The laws of New Zealand govern these Terms of Service. 

Overclock Limited is not liable for any delay or non-delivery of any Services occasioned by matters beyond its control. 

Overclock Limited retains the right to withdraw at any time any credit facility or any supply of Services or promises to supply Services to the Customer.  

 

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