APPLICATION AND VARIATION OF THESE TERMS.
These terms and conditions are the terms on which the Company provides services or goods to its customers, modified by any written contract between KiwiSchools and its customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements. KiwiSchools may modify these terms as applying to any agreement, the pricing structure for any Service of the terms of the operation by general notice on a page of the Internet referred to on the KiwiSchools Home Page, and any use after that publication will constitute an acceptance of that modification.

CGA
The guarantees under the Consumer Guarantees Act 1993 will apply to goods and services supplied by KiwiSchools except where they acquired, or are held out as being acquired for business purposes.

OUR COMMITMENTS TO YOU:
KiwiSchools is committed to:-
Putting you in touch with the correct person within our company to answer your inquires.
Responding to your needs efficiently and in a timely fashion.
Keeping you informed of new services that may benefit you.

OUR WARRANTY TO YOU:
When services are provided then KiwiSchools guarantees to:
Provide the services with reasonable care and skill
To deliver the functionality that has been agreed to
Provide services within a reasonable time or within any predetermined time limit.
Do the utmost to provide a reliable service although technology prevents a guarantee that it will be continuous or fault free.
Make every effort to fix any fault or disruption (other than any fault or disruption with Telecom New Zealand or Clear Communications networks or with any other networks beyond our control) which occurs in the services provided.

YOUR RESPONSIBILITIES
Whenever we provide services to you, it will be your responsibility to:
Follow directions and advice regarding the use of the services.
Use the services for lawful purposes.
Make sure all information provided is correct and complete.
Ensure that anyone else using the services meets these responsibilities.

INDEMNITY
You agree to indemnify us from and against all claims, expenses, damages, or other liabilities arising directly or indirectly from:
The accessing of obscene, defamatory, or offensive material by the customer or its representatives, employees or associates or any other person using the services provided.
The accessing of any defamatory or other unlawful comments using the services provided.

CREDIT CHECKS PRIVACY CONSENT
The customer consents to the Company obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by the Company of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

CHARGES
The customer accepts liability for the services provided regardless of who uses them. All charges are payable monthly and are subject to change with thirty days written notice.
The acceptance of this agreement permits Credit checks to be carried out on the customer.
All charges are to be paid on time on a monthly basis or as otherwise agreed. Failure to keep an account current may result in restriction or suspension of services and all costs of recovery shall be at the customer’s expense.

BILLING
KiwiSchools will provide an itemised invoice of all charges. Each invoice will advise the due date for payment. If payment is not made to KiwiSchools by that time, then a 1.5% late payment fee will be payble for every month not paid and restriction or suspension of service may continue until payment is received in full.

EXCLUSION OF LIABILITY
The Consumer Guarantees Act will apply to the supply of services of any kind ordinarily acquired for personal, household or domestic use or consumption, except where the customer have acquired the services for the purpose of a business in any way.
We exclude all other liability we may have to the customer. This exclusion also applies for the benefit of our employees, contractors and agents. None of these are liable to the customer or has to pay the customer for anything any of them does or does not do or delays doing no matter what the terms of the agreement between the customer and KiwiSchools. This exclusion applies no matter what the customer claim and however liability may arise.
From time to time our services may be disrupted or diminished due to faults beyond our control. Under these circumstances, we will not be liable to the customer or any other party for any loss suffered whatsoever nor will we be obliged to refund any of the charges made by us in respect of our services during the time that the service is disrupted.

LIMITATION OF LIABILITY
Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any service or goods are excluded and the Company will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any service and goods. However, the Company’s liability for any breach of such implied term of warranty will be limited at the Company’s option in any way permitted by the legislation including where so permitted:-
If the breach relates to goods
The replacement of the goods; or
The repair of such goods; or
The payment of the costs of replacing the goods; or
The payment of the costs of repairing the goods;
If the breach relates to Service
The supplying of those Services again; or
The payment of the costs of having those Services supplied again.

TERMINATION OF SERVICE
One month’s written notice of termination is required by either party under this agreement (except where debt is overdue). If the agreement is for a fixed term then payment for the charges for the service until the end of that time period will be due irrespective of cancellation. Failure to pay charges or meet other responsibilities under any agreement between the parties may result in the suspension, restriction or termination of any service.
It may be necessary to temporarily suspend or restrict any service if equipment requires maintenance or upgrading or for any other purpose that is deemed necessary.

RIGHTS TO COMPENSATION
Expenses including legal fees incurred in collecting any money owed or in exercising any legal rights shall be claimed on the customer.

INTELLECTUAL PROPERTY RIGHTS
The Company retains Intellectual property rights to the Internet software systems of KiwiSchools. All information about the design or solutions provided is confidential and must not be copied or disclosed.

ASSIGNMENT
Assignment of entitlement under this agreement is permitted provided approval has been granted in writing by KiwiSchools. KiwiSchools reserves the right to assign subcontractors or third party operatives to fulfil its obligations under this agreement.

GOVERNING LAW
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.

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