SIMPLESITES LIMITED TERMS OF TRADE
This clause is a condition of the contract between SimpleSites Limited (SimpleSites) and (the Customer)
The following terms and conditions shall apply in respect of the supply of services under the within contract between SimpleSites and the Customer:
1.1 Payment must be made within 14 days following the issue of invoices for payment of supply of services, time being of the essence. After 14 days unpaid accounts will incur a late payment fee of $5 and collection costs.
1.2 All legal costs (on a solicitor and client basis) and expenses incidental thereto and all credit collection commissions and charges arising or incurred as a result of non-compliance with items 1.1 shall be payable by the Customer.
2.1 SimpleSites warranty extends to labour only for a period of 30 days from the date of completion of the supply of the service.
2.2 The warranty does not extend to:
2.2.1 Damage caused to the computer system due to:
a) Any modification to the computer operating system or hardware configuration by the Customer and/or
b) External causes, including but not limited to, accident, abuse, misuse, problems with
electrical power supply and usage not in accordance with the component specifications.
2.2.2 Loss of Data. It is the responsibility of the Customer to ensure that data is regularly backed up externally from the computer system.
2.3 SimpleSites is not responsible for any pre-existing conditions of the Customer's computer's hardware.
3 Exclusion of Liability
3.1 Subject to clause 2 SimpleSites excludes all liability it may have to the Customer. SimpleSites is not liable to the Customer for any loss, damage or otherwise caused to the Customer by any act or omission of SimpleSites, or any delay in doing anything, whether or not it is contemplated or authorised by any agreement the Customer has with SimpleSites. This exclusion applies in respect of whatever the Customer is claiming for and however the liability arises or might arise if it were not to this paragraph.
4 Consumer Guarantees Act
4.1 If any Customer places an order for the purposes of a business as defined in the Consumer Guarantees Act 1993, the provisions of that Act do not apply.