| Document
1.1 published 1 July 2002
Who
we are
1st
To Be Seen.com is
a wholly owned subsidiary of Webdoorways
Limited.
Webdoorways Limited is a private,
limited company, incorporated in 2002, with a
fully paid shareholding and administration
headquarters in Auckland New Zealand, serving
global clients as an established marketing
consultancy.
About
this agreement
Please
read this document carefully.
Your use of services provided by 1st
To Be Seen.com, Webdoorways Limited (in
this agreement also referred to as "1st
To Be Seen”,
“Webdoorways", "our",
"we" or "us") is subject to
the terms and conditions of this agreement.
The
words “client”, "you" and
"your" in this agreement mean the
individual and, or, organisation who was
declared as CLIENT, or entered as CLIENT on the
request for service form, when service was
requested, and also includes a person who
generally acts with the authority of you and,
or, your organisation.
This
agreement begins when we tell you your
application has been accepted by us, or you use
or request any of our services subsequent to the
delivery of this document. Either
party may terminate it by sending a letter or
facsimile message to the other.
We
may change this agreement on 30 days notice by
sending a letter, facsimile or e-mail message to
you, at an address notified by you to us.
If you continue to use our service after we have
notified you, then you agree to the changes we
have made.
Proof
of posting or statement of delivery shall be
sufficient to show receipt of such notice, or
receipt of this document, by an officer or
person responsible.
What
we agree to do.
Providing
you with service
We
will work with you, using material and
information supplied by you, to provide the
effect mutually agreed upon as necessary when a
project is commenced, within the terms or
parameters of any specified service that we
provide.
We strive to provide a reliable 24-hour a day
service. If you experience a service
quality problem, we will do our very best to
resolve it to your satisfaction as soon as
possible after notification by you.
We will deliver the content of any service
bought or subscribed to by you, within the terms
or parameters of our published specification for
that service, or of documents delivered
separately as a part of a quotation for specific
service.
Our
use of Information provided by you
We
agree to only use information provided by you
to: -
-
deliver
services you have ordered
-
check
your credit and collect any money owed
-
tell
you about our services
We
agree to keep your information private, unless
you consent to its disclosure, or we are legally
required to disclose it.
What
you agree to do
Using
our services
Acceptable
use policy. You agree to ensure that
everybody with knowledge of an Account ID or a
login detail allocated to your customer account,
or has responsibility for supplying your input,
complies with the terms and effects of this
agreement.
You
agree to ensure our service is not used for any
activity that breaches the law or infringes
another person’s, or organisation’s rights.
You
agree to ensure that your input to our service
is not used in any way that interferes with,
defames, harasses or menaces anyone.
The
above clauses do not apply in the event of an
Account ID or login detail being unlawfully
obtained from our systems or us by a third
party.
Providing
us with Information
You
agree to provide us with accurate information
about yourself, your organisation and your
current needs. You also agree to provide
us with any information we reasonably ask for to
help us provide services to you.
Payment
of fees
You
agree to pay us in full before the due date for
all services billed to your account. You
agree, to pay for services in advance of supply
or delivery. If you don't pay on time, then you
agree to us suspending any or all of your
services until payment has been received.
You
agree to pay us any reasonable expenses we incur
in collecting any overdue amount you owe us.
Cancellation
of services
You
may cancel a service at any time by sending us a
letter or a facsimile message. Effect of
cancellation shall be as at the end of the
current month of supply, except that where
continuation of service delivery may be
considered by either party to be detrimental to
either party’s business, service will be
suspended as soon as reasonably practicable. You
will have no liability for further fees
following cancellation, other than those due at
the time of cancellation and for the remainder
of the month of cancellation.
Indemnifying
us
You
agree to indemnify us and our employees from and
against all actions, claims, suits, demands,
liabilities, costs or expenses arising out of or
in any way connected with the use of our service
by yourself or any person with knowledge of an
Account ID or login detail allocated to your
customer account.
The
above clauses do not apply in the event of an
Account ID or login detail being unlawfully
obtained from our systems or us by a third
party.
You
agree to continue indemnifying us after this
agreement has ended.
Limitation
of Liability
Our
services are provided for business purposes.
You
agree that we, our employees, or suppliers, and
our contractors have no liability to you or any
other person for any losses, costs, or damages
that may be caused by: -
-
Your
use of our service
-
Your
use of a service which does not meet your
needs
-
Your
use of information provided by us
-
The
inability of a third party to act in an
expected manner
-
Our
inability to provide reliable service
-
Events
over which we have no reasonable control,
such as events of “force majeure”
including fire, storm, earthquake, declared
war, terrorist acts, electrical outages,
labour disputes and similar.
You
agree to the limitation of liability continuing
after this agreement has ended.
Special
Provisions
Protection
of children's and other’s rights
You
acknowledge that some content accessible on the
Internet is objectionable or unsuitable for
viewing by children and young adults or others.
You
agree to inform us immediately if your website
or any directly linked website contains any
material that may reasonably be considered
objectionable or unsuitable for viewing by
children and young adults or others.
Suspension
of services
If
in our opinion there has been a breach of this
agreement by your organisation, or a person
using an Account ID or login detail allocated to
your customer account, you agree to us
suspending the service concerned without notice.
Any
use of our service which is in our opinion
questionable, shall be examined by us and a
determination made by our delegated
representative as to it’s acceptability or
otherwise.
You
also agree that neither you nor any other person
is entitled to any compensation or refund from
us as a result of us suspending your service.
General
Provisions
Prices
All
prices for our services are quoted in United
States dollars and in the case of New Zealand
clients exclude goods and services tax unless
stated otherwise.
Charges may be levied in New Zealand dollars,
converted at prevailing rates on the day of
charge.
We
may change the price of our services without
notice.
Laws
The
law of New Zealand governs this agreement.
Any court action in respect of this agreement or
any service resulting from or subject to this
agreement will, or may at our sole discretion,
be taken in a New Zealand Court. If any
provision that is not fundamental in nature is
illegal or unenforceable, then the remainder of
the agreement will remain in full force.
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