If there is anything that you would like to clarify please do not hesitate to get in touch.
Fashtronics is a trading name used by Bryson Moulton an independent contractor and sole trader. The Terms of Engagement outlined below apply to both Fashtronics and Bryson Moulton, however, from here on in, we will refer to our company as Fashtronics (the supplier).
By asking Fashtronics to advise or assist you in any way, shape or form, you are agreeing to our Terms of Engagement. If there is anything that you do not understand, would like modified, or about which you have reservations, please get in touch with us so that we can discuss and resolve any misunderstandings. Failing to do so means that you fully understand and accept all of our Terms of Engagement and will be legally bound by these.
Fashtronics provides IT support services on-site generally during the core business hours of 9am to 5pm, Monday to Friday. Arrangements outside these hours can be made but will normally incur additional charges to reflect the higher costs associated with out of hours work. Remote control and over the telephone IT assistance and support work can also be given during the aforementioned available hours.
Fashtronics charge for our services on an hourly rate basis. Telephone assistance is charged in quarter-hour increments. Fashtronics may also charge for direct disbursements incurred. Remote support is charged per incident.
If you have a query with any of our invoices, we request that you contact us immediately to communicate the query. Otherwise we will assume that payment will be forthcoming by the due date.
Our fees will be charged on the basis that they will be fair and reasonable.
They are based on the time taken to complete work and are calculated on an hourly basis.
Whenever possible, we will endeavour to give you an accurate estimate of the work you wish us to carry out, based on your instructions at the time.
The original estimate could vary if circumstances change, including further instruction from you.
Support services cover any advice or assistance provided to you.
Typical examples might be when you request Fashtronics to attend a meeting to discuss an IT project and you require our input or advice, or request advice over the phone or via email on a particular topic.
Terms of payment are normally 7 days following the invoice date, unless otherwise arranged in advance and confirmed in writing by Fashtronics. We reserve the right to require either security or payment in advance before any service.
DELIVERY OF SERVICE AND OWNERSHIP
Delivery shall be deemed to be completed upon receipt of the goods and/or service by the client. The property of the supplier of the goods remains with the supplier until they have been paid for in full. If the client fails to pay for the goods, the supplier may enter and recover possession of the goods at any site owned, possessed or controlled by the client and the client agrees that the supplier has irrevocable licence to do so.
INTEREST AND LEGAL EXPENSES
If you fail to make a payment by the due date, you shall be liable to pay us a $50 administration fee that will be automatically charged to your account and in addition to this, the following applies:
Default interest on the amount outstanding calculated at 2.5% per month above the standard bank overdraft rate, and shall accrue after as well as before judgement.
All expense, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.
NO RESPONSIBILITY FOR EQUIPMENT LEFT WITH US AFTER 30 DAYS
If we have your equipment (goods of any description) for whatever purpose, irrespective of whether we collected them or you dropped them off, and the equipment is not collected from us within 30 days of the date we took possession of it, then we have the right to dispose of this equipment. We will not keep your equipment longer than this. It is your responsibility to obtain your equipment before the 30 days is reached, otherwise, please consider it disposed of.
In the event that you have a dispute relating to or arising from work completed you must immediately notify Fashtronics by giving details of the dispute. You agree that Fashtronics and you the client acting in good faith will then endeavour to resolve the dispute. If there is a dispute with the invoice you may withhold payment of the disputed amount but you must still pay the undisputed amount by the payment date whilst the error is being investigated. If it is proven that we have made a mistake then we will correct the invoice immediately. If we find there is no mistake and the payment date has already passed, you will pay the outstanding amount immediately
Fashtronics abides by the New Zealand privacy Act 1993 which can be viewed on the below link.
In addition to this Fashtronics will not access, collect, use or disclose any information that we are given directly or indirectly by our customers or third parties, including contractors.
Even with software packages that are well proven in New Zealand, occasionally bugs or defects in the programs occur, if the software or operating system has not operated as intended or expected. Whilst we make every endeavour to minimise disruptions that are caused by these circumstances, we cannot guarantee that such an event will not arise. The defects that have caused the problem may be beyond our control and for this reason we are unable to accept responsibility or liability for any loss arising from such a defect.
If problems do occur we will do everything we can to assist in diagnosing the problems and advise on the appropriate corrective actions to be taken.
For example, it may be necessary to instigate alternate procedures in order to allow transaction processing to continue until a software supplier corrects a defect. Any time spent by us in diagnosing, reporting and advising on appropriate alternate actions is chargeable to the client in the normal manner.
Some software packages require the payment of an annual fee in return for an entitlement to receive at least annually, a complete update of the software package. It would normally entitle the user to receive bug or defect corrections. However, most software suppliers do not undertake to install these new versions on the client’s machine. Again when we perform these services and provide advice on the procedures and timing for them, our time and costs in performing these services is chargeable to you as the client in the normal manner.
Should it be found that we have configured the software in a manner that causes erroneous results, we will do all we can to minimise the problem and effect a rapid recovery, but we assume no liability for lost or corrupted data or losses incurred as a result.
PERSONAL PROPERTY SECURITIES ACT 1999
The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the supplier may register a financing statement on the Personal Properties Securities Register. The client hereby waives its rights contained in sections 116,119,120(2),121,125,126,127,129,131 and 132 of the PPSA.
If you have any questions please contact: