Terms and Conditions
(Terms and Conditions for our payment gateway are here)
(Hosting Terms and Conditions click here)
Definitions of Terms
3Bit Solutions Limited – (referred to herein as “we” or “us”) agree to supply goods (“the Goods”) and services (“the Services”) to you, the Customer, in return for the payment of the price for those Goods and Services and according to these Terms and Conditions. Acceptance of delivery or receipt of any Goods or Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions.y other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.
Payment and Default
Payment must be made in cash prior to delivery of your order unless we agree otherwise in writing.
If we allow you credit, payment is due by the 20th day of the month following the date of invoice. You must not withhold payment or make any deductions of any nature whether by way of set off, counterclaim or otherwise from any amount you owe us. We can alter the terms of payment with effect from the date that we notify you of such change.
Exclusion of Warranties
You acknowledge that the Goods and Services acquired from us are not of a kind ordinarily acquired for personal, domestic or household use or consumption and that you are acquiring them for the purposes of a business. Accordingly it is agreed that, to the maximum extent permitted by law, the provisions of Consumer Guarantees Act 1993, or any other relevant consumer protection legislation, do not apply to this Agreement.
To the maximum extent permitted by law all terms, warranties or representations whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, description quality, purpose or fitness of the Software are hereby expressly excluded.
If you do not pay any monies owed to us (“the unpaid monies”) within 10 days of the due date, we may (without prejudice to any of our other rights):
- (a) Demand immediate payment of all or any part of any moneys owing (whether or not then due);
- (b) Charge penalty interest at a rate of 2.5% per month calculated on a daily basis on the unpaid monies from the due date until payment in full is made;
- (c) Withhold without notice delivery or supply of Goods or Services ordered by you;
- (d) Cancel this agreement and seek damages;
- (e) Recover any Goods delivered to you. You agree we may enter your premises or any other place where the Goods are stored, or where we reasonably believe the Goods may be stored, and take possession of and sell the Goods, even if we do not have priority over other persons having a Security Interest in the Goods. Sections 108, 109 and 120 of the PPSA do not apply to the extent that they are inconsistent with this clause.
Where you have only partly paid for the Goods and we recover them from you, we will refund the amounts you have paid from the proceeds of resale (if any) after deducting all or any other moneys owing to us (whether or not then due) and all costs incurred by us in accordance with clause 13.3.
You agree to pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions or the Security Interest contained in these Terms and Conditions.
These terms apply to all transactions where we supply Goods or Services to you. If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
In the event that any part or parts of these Terms and Conditions shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining terms which shall remain in full force and effect as if such part or parts held to be illegal or void had not been included in these Terms and Conditions.
Our contract with you and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts.
This contract also covers any previous goods or services made between 3Bit Solutions and you that predate this contract.