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Extreme Technologies Ltd
Terms and Conditions of Sale
GENERAL:
“Extreme” means Extreme Technologies Ltd
“Products” means the products and /or services supplied by EXTREME to the Customer, including but not limited to computers and IT hardware and peripherals, computer
components, accessories and software.
“Customer” means the company or entity purchasing the products and includes the applicant submitting this Application for Credit.
PRICE:
The price of the goods will be as published by EXTREME Technologies Ltd. EXTREME Technologies reserves the right to alter its prices at any time and to pass on any cost
increases outside its control including exchange fluctuations which arise between date of acceptance of order and date of delivery. Once given an order may not be canceled
without the consent in writing of EXTREME Technologies. Goods and Services Tax will be added to and form part of the price.
TERMS AND CREDIT:
EXTREME normal terms are cash on delivery. A credit facility may be available on application.
EXTREME reserves the right at all times without notice and at its sole discretion to:
1. refuse to grant credit;
2. Suspense, withdraw or discontinue credit;
Credit limits are established by EXTREME and confirmed in writing at the time of opening a trading account and may be adjusted from time to time at EXTREME’s sole
discretion.
RENEW:
All agreement will automatically renew at the end of each term for a further term of 2 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term.
PAYMENT:
1. Payment shall be made in full against delivery or if agreed in writing, within 7 days or 14 days of supply, or by 20th of the month following the date of the
invoice, depending on the terms specified by EXTREME Technologies. No payment shall be withheld nor reduced by virtue of alleged setoff counterclaim or otherwise.
Time shall be of the essence
2. Interest shall be paid at 2.5% per month calculated on a monthly basis on all outstanding amounts from date on which payment was due until actual date of
payment.
3. Any expenses, disbursements and legal costs incurred by EXTREME Technologies in the enforcement of any rights contained in this contract shall be paid
by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
4. Payment by bill of exchange or cheque shall not be deemed payment until the bill of exchange or cheque has been paid by the customers banker and
credited to EXTREME Technologies bank account.
Training
All product if need training will be 2 hour free training include, after 2 hour will based on company hourly rates.
WARRANTY:
1. Subject to any written warranty which EXTREME Technologies may give to the customer all warranties and representations made by EXTREME
Technologies its employees) representatives or agents, whether express or implied, statutory or otherwise, collateral or antecedent hereto or otherwise are expressly
excluded. EXTREME Technologies’s liability (it any) shall be restricted to the repair of the goods or to their replacement, or, to payment of damages not exceeding the
price of the goods. Notwithstanding the provisions of the Contractual Remedies Act 1979 these shall be the only remedies available to the customer.
2. EXTREME Technologies will as far as it is legally able to do so assign to the customer the benefit of the manufacturer’s warranty (if any) expressed or
implied relating to the goods.
RETURN OF GOODS:
1. No products will be accepted for return without prior written authorisation from EXTREME Technologies.
2. EXTREME Technologies will only consider accepting the return of the Products provided:
a) Prior approval is obtained.
b) Products for return must quote a return authorisation number (which has to be supplied for) and must be accompanied by a copy of the invoice.
c) Products approved for return must be in the same resaleable condition and in the manufacturer’s original container and undamaged. EXTREME
Technologies reserves the right to reject products not conforming to this condition.
d) Products accepted for return are subject to a restocking fee 20% of the original invoice value.
LIABILITY:
EXTREME Technologies Ltd shall not be liable to the customer nor to anyone else for any damage or loss of whatever kind howsoever arising due, inter alia, to the failure of
the goods to function or to operate satisfactorily nor for any direct or indirect or consequential damage or loss to property or person whatsoever and the customer indemnities
EXTREME Technologies Ltd, against any claims made against EXTREME Technologies Ltd by any third party in respect of any such damage or loss.
DELIVERY:
1. The goods shall be at the sole risk of the customer from date of dispatch to a carrier. Delivery shall be during the usual hours of business to the address
nominated by the customer and shall be completed on the goods being left at that address.
2. The goods may not be returned except with the written consent of EXTREME Technologies and in that event on terms prescribed by EXTREME
Technologies who may impose a handling fee equal to 20% of the price of the goods.
3. Claims in respect of incorrect delivery must be made in writing within 24 hours of delivery.
4. EXTREME Technologies shall not be liable for any delay in delivery nor for non-delivery due to causes of whatever kind beyond EXTREME
Technologies’s control.
TITLE AND SECURITY (PERSONAL PROPERTY SECURITY ACT 1999)
1 Title in any Products supplied by EXTREME Technologies passes to the Customer only when the Customer has made payment in full for all Products provided by
EXTREME Technologies and of all other sums due to EXTREME by the Customer on any account whatsoever. Until all sums due to EXTREME by the Customer have
been paid in full, EXTREME has a security interest in all Products.
2 If the Products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third
party, title in the Products shall remain with EXTREME until the Customer has made payment for all Products, and where those Products are mixed with other property so
as to be part of or a constituent of any new Products, title to these new Products shall deemed to be assigned to EXTREME as security for the full satisfaction by the
Customer of the full amount owing between EXTREME and Customer.
3 The Customer gives irrevocable authority to EXTREME to enter any premises occupied by the Customer or on which Products are situated at any reasonable time after
default by the Customer or before default if EXTREME believes a default is likely and to remove and repossess any Products and any other property to which Products are
attached or in which Products are incorporated. EXTREME shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a
result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. EXTREME may either resell
any repossessed Products and credit the Customer's account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may
retain any repossessed Products and credit the Customer's account with the invoice value thereof less such sum as EXTREME reasonably determines on account of wear
and tear, depreciation, obsolescence, loss or profit and costs,
4 Upon assenting to these terms and conditions the Buyer acknowledges and agrees that:
a) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Security Act 1999 (PPSA);
b) A security interest is taken in all Goods previously supplied by the Seller to the Buyer (if any) and all Goods that will be supplied in the future by
the Seller to the Buyer during the continuance of the parties relationship.
5. The following shall constitute defaults by the Customer:
a) Non payment of any sum by the due date.
b) The Customer intimates that it will not pay any sum by the due date.
c) Any Products are seized by any other creditor of the Customer any other creditor intimates that it intends to seize Products.
d) Any Products in the possession of the Customer are materially damaged while any sum due from the Customer to EXTREME remains unpaid.
e) The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer's assets or a landlord disdains against any of the Customer's assetsf)
A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
g) Any material adverse change in the financial position of the Customer.
6. If the Credit Repossession Act applies to any transaction between the Customer and EXTREME, the Customer has the rights provided in the Act despite anything
contained in these terms and conditions of trade.
SECURITY INTEREST FOR SERVICE PROVIDERS:
The Customer gives EXTREME a security interest in all of the Customer’s present and after-acquired property that EXTREME has performed services on or to or in which
products or materials supplied or financed by EXTREME have been attached or incorporated.
WAIVE:
EXTREME Technologies shall not be deemed to have waived any conditions hereof unless the waiver is in writing. EXTREME Technologies’s rights powers and
remedies remain in force notwithstanding any forbearance or delay on its part. EXTREME Technologies may exercise Its rights and powers hereunder and at law or
in equity at such time and in such manner as it sees fit.
CONTRACT:
These terms and conditions express the whole agreement of EXTREME Technologies and the customer and shall not be subject to change without the agreement in
writing of the customer and a principal officer of EXTREME Technologies.
Extreme Technologies Ltd
Terms and Conditions of Website Design and Hosting
Authorization
The client is engaging Extreme Technology Ltd. as an independent contractor for the specific project of developing and/or improving a website to be installed
on the client's web space on an Internet Service Provider's computer. The client hereby authorizes Extreme Technology Ltd. to access this account, and
authorizes the Internet Service Provider to allow Extreme Technology Ltd. with "write permission" for the client's web page directory, cgi-bin directory, and any
other directories or programs which need to be accessed for this project. The client also authorizes Extreme Technology Ltd. to submit their completed website
to Web search engines.
Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting
service which allows Extreme Technology Ltd. full access to the website via FTP.
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis
unless you have signed up for the website maintenance package.
Copyrights and Trademarks
The client represents to Extreme Technology Ltd. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Extreme Technology Ltd. for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to
use each of these elements, and will hold harmless, protect, and defend Extreme Technology Ltd. and its subcontractors from any claim or suit arising from the
use of such elements furnished by the client.
Assignment of Project
Extreme Technology Ltd. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Post Placement Alterations
Extreme Technology Ltd. cannot accept responsibility for any alterations made by third parties to the client’s pages once placed. Such alterations include, but
are not limited to, additions, modifications, or deletions.
Refusal to Service
Extreme Technology Ltd. reserves the right to refuse service for any material that the Extreme Technology Ltd. feels is not legal, moral or in the best interest of
Extreme Technology Ltd. but Extreme Technology Ltd. is not responsible for the content of any materials.
Errors and Omissions
Extreme Technology Ltd. will use good faith to ensure pages authored by Extreme Technology Ltd. are free of errors however, Extreme Technology Ltd. may
not be held responsible for any errors that may arise in the course of authoring any pages. Extreme Technology Ltd. does not accept any liability for losses or
damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors
and inform Extreme Technology Ltd. of those along with any changes in layout requested by the client. This process must begin immediately after the pages
are posted to the web host for the client to view. Extreme Technology Ltd. will correct minor text changes at no charge for 10 working days from the date the
site is posted to the web hosts’ server. After 10 working days, changes will be charged on a per instance basis.
Payment of Fees
Payment to Extreme Technology Ltd. is due and payable on the following schedule. One half upon agreement; the balance when the web pages have been
constructed according to the client's original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All
payments will be made in New Zealand funds. Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received by
the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency Extreme
Technology Ltd. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the
client agrees to pay all fees incurred by that process (including all attorneys’ fees and court costs). This agreement becomes effective only when signed by
Extreme Technology Ltd.
Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due
and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs.
Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Extreme Technology Ltd. nor any of its employees or agents warrants that the
functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is
with the Client. In no event will Extreme Technology Ltd. be liable to the Client or any third party for any damages, including, but not limited to, service
interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other
incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service
provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if
Extreme Technology Ltd. has been advised of the possibility of such damages.
Links
Extreme Technology Ltd. reserves the right to append a small hyperlink to Extreme Technology Ltd.’s home page at the bottom of each page unless the client
specifically requests in writing, signed & dated by both parties.
Sole Agreement
The agreement contained in this document constitutes the sole agreement between Extreme Technology Ltd. and the client regarding this website. Any
additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six 12 months
after both parties sign this contract. Continued services after that time will require a new agreement.
Completion Date
Extreme Technology Ltd. and the client must work together to complete the website in a timely manner. If the client does not supply Extreme Technology Ltd.
complete text and graphics content on all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract
becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing of this contract, an additional
continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work
completed, the greater of the two. Cancellation must be in writing and is effective upon receipt at Extreme Technology Ltd. Notice must be mailed, e-mailed, or
faxed to Extreme Technology Ltd. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client
shall be liable to pay the entire contract
The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding
of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
WEBSITE HOSTING
Right to Refuse Service
Extreme Technology Ltd. reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure
environment for all customers on our systems.
Disclosure to Law Enforcement
If we (E-Moxie Data Solutions, Inc.) are required by law to disclose certain information to local, state, federal, national or international government or law
enforcement authorities, we will do so. If we receive a subpoena requesting a Client’s information, we will immediately notify the Client of the subpoena in a
timely manner to afford the Client the opportunity to take legal action to oppose the subpoena should the Client wish to do so.
Payment of Fees
ALL PAYMENTS TO EXTREME TECHONOLOGY LTD, INC ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS
For website hosting payment is due on a monthly basis for monthly subscribers or on a yearly basis for yearly subscribers. Payment not made within 30 days of
due date Extreme Technology Ltd. reserves the right to replace your website with a site down message due to non payment.
For domain names 100% of bill is due upon order.
Refund and Disputes
All payments after the initial 30 days of service to Extreme Technology Ltd. are non-refundable. This includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
Liability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss or injury.
Support Boundaries
Extreme Technology Ltd. provides technical support to our clients. We limit our technical support to our area of expertise. The following is our guidelines when
providing support: Extreme Technology Ltd. provides support related to your server or functioning. Extreme Technology Ltd. does not offer tech support for
application specific issues such as CGI, JavaScript, PHP or ASP programming, html or any other such issue. Extreme Technology Ltd. does not provide
technical support for YOUR Clients. If you can email, we encourage you to email This e-mail address is being protected from spambots. You need JavaScript enabled to view it assistance. Any request of technical support warrants the
possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, and customer
installed software/scripts, or Control Panel functionality. If a staff member of Extreme Technology Ltd. is required to login to your server to provide support,
system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.
SPAM and Unsolicited Commercial Email (UCE)
Extreme Technology Ltd. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this
means that clients of Extreme Technology Ltd. may not use or permit others to use our network to transact in UCE. Clients of Extreme Technology Ltd. may not
host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including
termination of service and/or fines.
Violation of Extreme Technology Ltd.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Extreme
Technology Ltd. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Extreme Technology Ltd. may restrict
customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Extreme Technology Ltd. may, at its
sole discretion, restrict, suspend or terminate customer's account. Further, Extreme Technology Ltd. reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. Extreme Technology Ltd. will notify law enforcement officials if the violation is believed to
be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to exceed $150 per hour that Extreme Technology Ltd. personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
As our Clients are ultimately responsible for the actions of their clients over the Extreme Technology Ltd. network, it is advisable that Clients develop a similar,
or stricter, policy for their clients.
Network
IP Address Ownership:
If Extreme Technology Ltd. assigns the customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong
only to Extreme Technology Ltd., and Customer shall have no right to use that Internet Protocol address except as permitted by Extreme Technology Ltd. in its
sole discretion in connection with the Services, during the term of this agreement. Extreme Technology Ltd. shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by Extreme Technology Ltd., and Extreme Technology Ltd. reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means
to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth Usage:
Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Extreme Technology Ltd. website.
Extreme Technology Ltd. will monitor customer's bandwidth. Extreme Technology Ltd. shall have the right to take corrective action if customer's bandwidth is
excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Extreme Technology Ltd.’s sole and absolute
discretion. If Extreme Technology Ltd. takes any corrective action under this section; Customer shall not be entitled to a refund of any fees paid in advance
prior to such action. In the event that a customer exceeds the included allocation, Extreme Technology Ltd. may, at its sole discretion, collect a deposit, in an
amount determined by Extreme Technology Ltd., against customer's credit card on file with Extreme Technology Ltd.
Availability:
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss or injury.
Suspension of Service or Cancellation:
Extreme Technology Ltd. reserves the right to suspend network access to any customer if in the judgment of the Extreme Technology Ltd. network
administrators the customer's server is the source or target of the violation of any of the other terms of this agreement or for any other reason which Extreme
Technology Ltd. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited
for the time the customer's accounts/machines were suspended.
Closing:
Extreme Technology Ltd. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Extreme Technology Ltd.
must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions
policy on your site.