TERMS OF TRADE NZ

For all Australian based clients please refer to our Australian Terms of Trade.

  1. Definition Of Terms

    The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "us", "we", "our" and "Verb", means Verb Limited; "You", "Your", means the party or parties who utilise services provided by Verb Limited.

  2. Estimates, Quotes and Specifications

    Due to variances in costs and materials, estimates and quotes are valid for 30 days unless otherwise stated.

    Any variation to these specifications may result in additional charges.

    Written instructions and specifications are preferred and Verb Limited shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.

    Verb Limited reserves the right to review and/or alter pricing for goods or services at any time.

  3. Prices and Taxes

    All prices stated on our websites or quoted are in New Zealand dollars. New Zealand Goods and Services Tax (GST) is payable on goods delivered to a New Zealand address. Where goods are delivered to an overseas address, GST is not payable. By default, all prices stated on our websites or in quotes exclude GST and any applicable duties.

    Overseas purchasers are responsible for the payment of any additional taxes and tariffs required in their country.

  4. Copyright, Confidentiality and Intellectual Property

    Verb Limited shall be indemnified by the client in respect to any claims, costs and/or expenses arising from any matter, which is illegal, or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.

    Verb Limited reserves the right to display the Verb Limited logo and/or associated branding logos within the finished product as deemed reasonable by Verb Limited.

    Verb Limited reserves the right to display and disclose to clients finished work for marketing purposes unless otherwise agreed in writing prior to work commencing.

  5. Ownership of Work

    Software development, programming and the like developed for the client by Verb Limited remains the intellectual property of Verb Limited and therefore cannot be sold, modified, edited or adapted in any way unless written confirmation has been received by the client from Verb Limited.

    All software developed by Verb Limited for client use remains the property of Verb Limited unless otherwise stipulated.

  6. Jurisdiction

    The law of New Zealand applies to this agreement

  7. Disclaimer

    We exclude all obligations and warranties that by law we are permitted to exclude. Except as imposed by law on a basis that can not be excluded, we have no liability or obligation to you or any other person or business on any basis, whether in contract, tort (including negligence), equity or otherwise; and are not liable to you or any other person or business for any loss, whether direct or indirect (including loss of profit), arising from or in connection with your use of this website or the information on this website.

  8. Payment

    1. You agree to pay the Charges for the Services as follows:
      1. Licence Fees
        If  Licence Fees are required these will require payment before a website is deployed and are fully refundable if a site fails to go live. A site is considered to be live when accessible from it's intended domain name, or if the site is receiving significant visitors.
      2. Software Development Services
        Unless otherwise agreed, we will invoice and require payment from the Designer or Client for 50% of the value of the project before work commences and the remaining 50% upon completion of the project.
      3. HTML Services and Boss Integration Costs
        Unless otherwise agreed, we will invoice and require payment from the Designer or Client for 50% of the value of the services quoted before work commences and the remaining 50% upon completion of the work.
      4. Monthly Licene Fees
        The client will be invoiced directly, monthly in arrears for their Licence fees and any additional hosting requirements. Unless otherwise agreed, Charges for the Monthly Licence Fees are payable by automatic payment into the bank account we specify before the 20th of the Month following.
    2. You agree to pay all invoices within 21 days of the invoice date.
    3. If you do not pay the Charges on time we may, at our option:
      1. suspend or restrict your use of the Services;
      2. terminate this Agreement;
      3. refer your account to our debt collection agency;
      4. charge you collection costs; and/or
      5. charge you default interest at the Default Rate on the amount outstanding until the actual date of actual payment of all amounts owing (including default interest).
  9. Domain Registration Services

    1. At your request, Verb may also acquire a Domain Name ("Domain Name"), on your behalf. Verb will not own or otherwise control any domain name registered on your behalf under this paragraph. Verb provides this service as a convenience to you only and the you hereby waive any and all claims which they may have, or which may later arise, against Verb for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Verb to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Verb under the provision therefore elsewhere herein.
    2. A cancellation of any domain name will at no time allow you to any refund for time left on the initial Domain Name period. You agree that any domain name payment is NON refundable
  10. Search engine optimisation services

    1. Whilst Verb will at times try to improve the position of the your web site in the Search Engine results in response to a search request, Verb do not warrant that this effort is in any way guaranteed.
    2. Verb cannot be held responsible for any changes to the position of the your Web Site in the Search Engines results in response to a search request.