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Terms of Service
Placing an
order for services constitutes your acceptance of our Payment Terms set out
below and means that you are over 18 years of age and have legal capacity to
accept our Terms of Service.
Definitions:
“you”
and “your” mean and refer to you the client and anyone acting in your
name and/or on your behalf.
“we”
“our” and “us” mean and refer to Formacompany Limited.
Payment Terms
1. All prices are in New Zealand
currency and include Goods and Services Tax of 12.5 percent. Our current prices
are stated on the home page of our web site http//:www.formacompany.co.nz/index.htm.
2. All charges are payable
within 14 days of invoice date.
3. No further steps will be taken
by Formacompany Limited until and unless you have provided payment in accordance
with our charges.
4. If you place an order and then
cancel it after we have incurred costs, such as the Companies Office reservation
of name fee, you will be liable for that fee and will reimburse us on receipt of
our invoice no later than 14 days after receipt.
5. No cancellations will be
accepted after the relevant documents have been lodged with the Companies Office
on your behalf. All fees paid are non-refundable.
6. All payments that are not made
by the seventh day after the due date will incur an interest charge at the rate
of 2 percent per month (compounding monthly) from the due date for payment until
the date of payment.
7. You will be liable for and
will reimburse upon demand all costs incurred by us, including debt collection
agency charges and legal costs and expenses, in enforcing or attempting to
enforce these Terms of Service.
8. We will make every reasonable
endeavour to comply with our projected delivery dates but will not be held
responsible or liable to you or any other person for any losses or costs claimed
by you or any other person as a result of our not being able to meet the
delivery time.
9. Under no circumstances will we
or any director, officer or employee of Formacompany Limited be liable for any
direct, indirect special, consequential or incidental losses or damages that
result from any failure of, or inability to use, the materials provided.
10. We reserve the right to
decline to accept your request for service for any reason, and in that event we
will not be liable to you for any losses or damages that you may claim.
11. Without limiting the
foregoing, we disclaim all liability and all losses arising from our inability
to access any government agency’s web site or services and from any failure of
or delay in transmission or delivery.
12. We draw your attention to the
Terms of Use for our web site because all of those Terms of
Use are deemed to form part of these Terms of Service.
13. In using our services, you
warrant that you are not aware that the proposed name of your company and any
other matter will infringe the rights of any other person and you warrant that
all the information that you will supply to us will be complete, true and
correct. You will indemnify us and keep us indemnified against all costs
(including solicitor’s costs on a solicitor own client basis), claims, demands,
expenses, actions and liabilities that we incur as a result of your use or
misuse of our services, the company incorporated on your instructions, and/or
any information supplied by you to us.
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