“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.
We will undertake the Services to a standard reasonably expected of web developers in New Zealand.
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.
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.
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:
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.
To the maximum extent permissible:
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.
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.