Anyware Limited Terms Of Service

Use of Services - Problem Investigation - Changes To Terms of Service - Content Management System - Content - Warranties and Liability - Testing and Acceptance - Electronic Commerce Facilities - Termination - Ownership - GDPR - Prices - Acceptance of Projects - Deposits - Payment of Fees - Payments from Overseas - Invoice Queries - Payment Methods - Automatic Payments - Payment In Advance - Overdue Accounts - Personal Guarantee - Affiliate Commissions - Errors and Changes - Disputes - Terms Used in This Document - Domain Names - Severability

Use of Services

By using our services you tagree that you have read and agree to these terms and that you have the authority to enter into this agreement, and that you will only use our services for a lawful purpose. You agree that unless you specify otherwise, any action on your part to progress all or part of any project quoted by Anyware Ltd constitutes your full acceptance of the quote. These terms of service, and your acceptance of them constitute an agreement between Anyware Limited and you the Client. These terms of service constitute the entire agreement between us. We may decline to provide you service at our sole discretion and we may cease providing you with service without notice or liability if you are in breach of these terms of service.

Problem Investigation

When you ask Anyware Ltd to investigate any problem for you, we will investigate the problem and let you know what we find. If the problem was caused by services we provide or an error on our part, there will be no charge to correct it. If the problem was caused by something outside of Anyware's control then the time for the initial investigation and for fixing the problem will incurr a charge at the normal hourly rate. Please let us know if you need a quote before we spend time on a problem.

Changes To Terms of Service

We reserve the right to change the Terms of Service at any time. By continuing to use our services after such changes, you agree to be bound by such changes. We recommend that you review this site periodically to ensure that you are aware of all changes.

Content Management System

If I use the Anyware Content Manager can I move my web site to another hosting provider?
You can move your web site to another hosting provider but you cannot move Anyware Content Manager.
If you want to continue using Anyware Content Manager to update your web site you will still need the Anyware Content Manager service. In this case you would use Anyware Content Manager to update your web site, and the pages would be published to your new web hosting provider.
If at any time you want to stop using Anyware Content Manager to update your web site you are welcome to move your web site to another hosting provider and find another way to update your web site.

Content

Anyware does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by Anyware customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of Anyware.

Warranties and Liability

The user agrees that Anyware is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information, services, software or other content. Anyware hereby expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, and services through Anyware's web site, linked to Anyware's web site, hosted by Anyware or any supplier used by Anyware.

The user agrees that Anyware is not responsible, and shall have no liability to such user, with respect to any information, product, software or service offered by others who are linked to the Anyware web site or hosted by Anyware. Anyware shall not be liable for any damages allegedly sustained arising out of use of the information, products, software and services. Anyware's only liability in the event of errors shall be the correction or removal of the erroneous information after verification. Anyware is not responsible for losses of income due to any disruption of service or malfunction of systems or software.

The user agrees to assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information, services, software, product or other content provided by Anyware and that Anyware shall not be liable nor responsible for any damages allegedly sustained or losses of income arising out of their use or from any disruption of service or malfunction of them.

Testing and Acceptance

When you approve or ask us to move any content or software feature to a live website or to any live environment where customers can see it, you have accepted that content or feature as being finished and complete. You further agree that you have completed your own user acceptance testing (UAT) and that you agree to assume full responsibility for any future issues, problems, omissions, bugs or errors with the content or software regardless of the cause. Please test carefully before giving approval.

Electronic Commerce Facilities

You agree that you are solely responsible for complying with any applicable laws, taxes, and tariffs, and will hold harmless, protect, and defend Anyware and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of Internet Electronic Commerce facilities.

Termination

You will notify Anyware in writing 30 days prior to when your hosting or e-commerce account is no longer required. You agree that until this is done, you are responsible for anything done with the services to which you have subscribed, and any charges incurred through the use of those services are payable by you.

Ownership

Ownership of all goods (physical or otherwise) is retained by Anyware until payment is made for the goods and for all other goods and services supplied by Anyware to you.

GDPR

If Anyware Ltd is deemed to be a processor of your data for GDPR compliance purposes, you agree to pay any and all compliance or processing costs associated with processing your data. If any part of those costs cannot be claimed by Anyware Ltd because a court deems them unenforceable or for any other reason, you agree to pay the rest of the costs.

Prices

Unless stated otherwise all prices are in New Zealand dollars (NZD).

Acceptance of Projects

Payment of a deposit or any action on your part to start or progress any part of a project constitutes your full acceptance of the project and it's pricing.

Deposits

Deposits (whether partial or full payment of projects) are non refundable. Please pay your deposit once you are sure you wish to go ahead with the project.

Payment of Fees

You will pay the specified non-refundable fee(s) for the services to which you subscribe, and for work for which you engage us. You will pay in full and by the due date indicated on the invoice. Our payment terms are 14 days.
Each payment goes towards the oldest outstanding invoice on your account. If payment is required for a particular invoice by a certain date, any previous outstanding amount must also be cleared in order to pay that invoice unless otherwise agreed by Anyware in writing first.

Payments from Overseas

A deposit into our KiwiBank bank account can be made from anywhere in the world using the following information:
    1. Beneficiary Name: ANYWARE LIMITED
    2. Beneficiary Account: 38-9019-0736043-00
    3. Beneficiary Bank Name: Citibank New Zealand
    4. KiwiBank’s SWIFT Code/BIC: KIWINZ22
    5. Address of Anyware's KiwiBank branch: 2/10 Semple St, Porirua City Centre, Porirua 5022, New Zealand

More Info

Invoice Queries

We welcome questions about our charges and about invoices that we send you. Please call us if you would like us to clarify any details at all.

If you have an issue with any invoice you will contact us within 7 days of receiving the invoice to raise the issue.
If you are not able or willing to pay any invoice in full by the due date you will let us know why not, and you will propose an alternative payment plan before the date the invoice is due.
Simply telling us an invoice is higher than you expect does not gain an indefinite payment extension.

If you ask us to proceed with work and you did not request a quote or estimate, you will pay the resulting invoice by the due date.
We thoroughly review each invoice before it is sent so you can be sure every invoice you recieve is fair and every hour of work you pay for is productive.
Please ask for an estimate before proceeding with work if you need to be sure of the cost.

Payment Methods

We accept payment by:

Direct credit, automatic payment, Internet banking - bank account # 38-9019-0736043-00 (KiwiBank)

Automatic Payments

To pay monthly fees by automatic payment please set up your payment for the due date of the invoice and be sure to include your business name in the payment details.

Payment In Advance

We sometimes offer discounted rates for services such as web design or web hosting on a payment in advance basis. Services paid for in advance are non-refundable, even if part of that service is not used. If you are not certain whether you want a service then please do not pay for it in advance.

Overdue Accounts

If your account is not paid by the due date on the invoice, we reserve the right to take the following actions:

charge 4% penalty interest per month on the balance of your account until the account is paid in full
restrict or disable any service provided to you by Anyware,
post a message on your web site explaining why it is unavailable,
refer overdue accounts to our debt collection agency.

Should you fail to pay any invoice(s) by the due date then you will pay all costs and expenses whatsoever (including legal costs, debt collection agents fees and time spent by Anyware invoiced at our usual hourly rate) which may be incurred in the recovery or attempted recovery of the overdue amounts from you.
Under these circumstances Anyware may give to, or obtain from, any third party information about you and/or your personal or commercial credit arrangements.

Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.

Personal Guarantee

Any person who engages the services of Anyware Limited, either individually or in partnership with other individuals, agrees:

To unconditionally guarantee full payment of all fees due to Anyware Limited, for services requested by the individual or by the company that individual represents and provided by Anyware Limited.
That your liability under this guarantee shall not be discharged or affected by any of the following:
- The granting of time, credit or any other concession to you or the company you represent
- Any alteration, modification, variation or addition to any agreement relating to the provision of the services.
That this guarantee shall continue and remain in force and effect until the client has paid Anyware limited all money due in respect of the services provided, or until written notice is received from Anyware Limited that future liability under this guarantee is terminated.
Fees due include extensions, substitutions, all costs incurred by you or the company you represent and all costs associated with the collection of overdue accounts.
To waive notice of acceptance, notice of non-payment, protest and notice of protest with respect to the obligations covered.

Anyware Limited, at it's sole discretion, may accept transfer of the personal guarantee to a different individual if that guarantee is provided in writing by the individual whom the guarantee is being transferred to. For example, the personal guarantee might be transfered from an employee, who is Anyware's primary contact, to a director of the company.

Affiliate Commissions

At times we use services from 3rd parties to develop and provide services for clients web sites and marketing. Some of these 3rd parties pay Anyware a commission from the one off or monthly fee paid to the supplier. Examples include but are not limited to shopping cart software or services, email marketing services or add-on modules for web sites. By choosing to work with Anyware you accept any such commissions and you accept that we have no obligation to disclose or provide detailed reports on any such commissions to you.

Errors and Changes

Every effort has been made to provide accurate and up-to-date information.
Prices and services are subject to change without notice.
Errors and omissions excepted.

Disputes Policy

In the unlikely event of a dispute please include the circumstances and reasoning behind your dispute and email the details to us. We will endeavour to reply within 7 days to your request.

Terms Used in This Document

We, us, our and ours mean Anyware Limited. You, yours, your and Client mean any person, persons or business involved in requesting Services from Anyware Limited

Domain Names

If you purchase a domain name using Anyware as an agent, you also agree to our Domain Name Terms of Service: www.anyware.co.nz/domainterms.html

The latest version of our terms of service can be found on our web site:
www.anyware.co.nz/terms.html

Severability

If one or more of the provisions or part of any provision of this agreement is or becomes or is held to be or to have become illegal, invalid, unenforceable, void or voidable in any respect under any applicable law for any reason, it shall not affect the legality, validity or enforceability of the other provisions or other part of any provision of this agreement and shall be severed from this agreement so that the remaining provisions or other part of any provision shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law.