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Anyware Limited Terms of Service

Use of Services - Changes To Terms of Service - Our Guarantee - Content Management System - Content - Warranties and Liability - Electronic Commerce Facilities - Termination - Ownership - Payment of Fees - Payments from Overseas - Invoice Queries - Payment Methods - Automatic Payments - Overdue Accounts - Personal Guarantee - Errors and Changes - Terms Used in This Document - Domain Names

Use of Services

By using our services you agree 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. 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.

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.

Our Guarantee

Will you give me ALL of my money back if I don't like your web site design? - YES!
This guarantee applies to the graphical layout of web sites that have been designed by a graphic designer chosen by Anyware Limited, and built by Anyware Limited. It does not apply if you choose a basic web site layout (with no graphic design component).
The guarantee expires 2 weeks after the graphical layout has been applied to your web site.

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 can not 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 understands 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 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, or hosting with Anyware.

The user agrees that Anyware is not responsible, and shall have no liability to such user, with respect to any information, product 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 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 disruption of service, beyond the fees paid by the Client to Anyware for services, during the period of disruption or malfunction.

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.

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.
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 ASB bank account can be made from anywhere in the world using the following information:
    1. Beneficiary Name: ANYWARE LIMITED
    2. Beneficiary Account: 12-3223-0167266-00
    3. Beneficiary Bank Name: ASB Bank Limited
    4. ASB’s SWIFT Code/BIC: ASBBNZ2A

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. We also provide detailed time sheets so you know what we did and how long it took.
Please ask for an estimate before proceeding with work if you need to be sure of the cost.

Payment Methods

We accept payment by:

Cheque
Cash (please do not post cash)
Direct credit, automatic payment, Internet banking - bank account # 12-3223-0167266-00 (ASB, Johnsonville)
Credit card (phone, internet or in person - never email credit card numbers)

Please send payments to Anyware Limited, 8-b Kentwood Drive, Newlands, Wellington, New Zealand.

Pay an invoice by credit card using our secure online payment system.
Note that a standard cash discount of 4% applies to all payments not made by credit card. All estimated and quoted prices and packaged services include this discount.

Automatic Payments

To pay monthly fees by automatic payment please set up your payment for the 20th of the month and be sure to include your business name in the payment details.

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.

Wellington - Porirua - Lower Hutt - Newlands - Johnsonville - Churton Park - Tawa - Whitby

8-b Kentwood Drive, Newlands, Wellington 6037 Central House, Level 7, 26 Brandon Street, Wellington 6011 New Zealand