Standard Terms and Conditions New
Zealand
1. Understandings
This Agreement gives you the ability to electronically send and track
the delivery of a range of business documents from your Attaché
Software via the Attaché
Alex service.
To use the Attaché Alex service you need to be a licensed user of Attaché software, including the AlexConnect submodule. You also
need to be and remain a financial customer of the Attaché Software.
A transaction fee is charged for each business document, file or item successfully
sent and tracked by the Attaché Alex service, as per the terms
below.
Documents sent using the Attaché Alex service are carried over
your Internet Service Provider's (ISP) connection. Any charges relating
to this ISP connection are your responsibility.
Document tracking information is available for viewing at the Attaché
Alex web site, which is www.attacheonline.com/alex
for a period of at least 6 months from date of receipt by the Alex service.
The document itself will be available for viewing for a period of at least
4 months from date of receipt by the Alex service for opened documents
and 12 months for unopened documents. Attaché Software (New Zealand)
Pty. Ltd (Attaché) reserves the right to request a storage fee
from Alex service users who have very large data storage needs.
2. Ownership and copyright
Attaché and its associates are the owners of and have the copyright
in the Attaché software and Attaché Alex service. Under
this Agreement you have the non-exclusive right to use the Attaché Alex service.
3. Changes and cancellation
The transaction rates for the Attaché Alex service are listed on
the Attaché Alex website, which is www.attacheonline.com/alex.
Attaché reserve the right to add any other government charges that
may arise in the future. Attaché has the right to change such rates
and terms herein at 60 days notice. You have the right to cancel your
use of the Attaché Alex service also at 60 days notice, being obligated
only to pay your minimum monthly amount if applicable plus any transactional usage over
this amount until expiry of the notice period.
4. Payments
Attaché will deduct the total amount owed on or about the 20th
day of the month following the transactions, from your nominated credit card or bank
account. A tax invoice will be sent
to your email address provided in this Agreement. Should your payment
details change, Attaché must be notified immediately.
If payment is not received by the end of the month following the transactions, for either Alex transactions or AFTP, Attaché reserves the
right to recover any bank charges incurred plus charge an administration
fee. Attaché may also suspend or terminate the service until any
outstanding amount is paid.
5. Limit to the service
Attaché's role is strictly limited to the sending and tracking
of business documents or data files dispatched from your Attaché software.
Attaché has no responsibility in collecting debts or ensuring parties
act on the documents or data files whatsoever.
Attaché gives no express or implied warranties as to the suitability
of the business documents or any other warranties of any other kind.
Save for what is required by trade practices and similar legislation,
Attaché's liability is strictly limited to the Attaché Alex
transactional fee involved.
6. Service obligations
It is acknowledged that the Internet is a public communications medium
over which neither party has any control. The time taken for the delivery
of documents can therefore not be guaranteed despite an expectation that
more than 90% of deliverable documents would be available on the recipient's
mail server within 4 hours from the time the document is received by the
Alex service.
The time taken to deliver a document to and receive a document from the
Alex service is also dependent on the type and speed of connection that
each business has with the Internet through an ISP. The extent of use, other traffic, force majeure and more can also impact Internet links.
To the extent over which Attaché has control, the first contact
point for technical support is the Attaché Alex Support Line (0900 56442), which is a normal business hours telephone help-desk service. An additional contact point for technical support or training is your Attaché
consultant at a fee that has been
previously agreed between you for such services.
7. Suggested savings
The suggested savings from using the Attaché Alex service as listed
on the website and other material are provided only as a theoretical
guide. In practice it depends entirely on your circumstances which only
you can be a judge of.
8. Commissions
The parties acknowledge Attaché may pay commissions or fees to
an Attaché consultant or other person who introduces you to the
Attaché Alex service.
9. Bank account or credit card drawing arrangements - our commitment
to you
Where the due date falls on a non-business day, we will draw the amount
on the previous business day. We will not change the frequency of drawings
arrangements without your prior approval and the amount will be detailed
to you by way of a tax invoice as described in clause 4.
We reserve the right to cancel the payment arrangements if three or more
drawings are returned unpaid by your nominated financial institution and
to arrange with you an alternate payment method.
We will keep all infomation pertaining to your nominated account at the financial institution private and confidential.
10. Bank account or credit card drawing - your rights and obligations
Subject to clause 3, you may stop or terminate the payment arrangements
at any time by giving written notice to Attaché. Such notice should
be received by Attaché at least 10 business days prior to the due
date and alternative method of payment offered.
Where you consider that a drawing has been initiated incorrectly you
should take the matter up directly with us, within 14 business days of
the drawing.
It is your responsibility to:
- ensure that sufficient funds are available in the nominated account
to meet a drawing on its due date.
- ensure that the authorisation given to draw on the nominated account
is identical to the account signing instruction held by the financial
institution where the account is based.
- advise us if the account nominated by you to receive the Attaché
drawings is transferred or closed.
- arrange with us a suitable alternate payment method if the Attaché
drawing arrangements are cancelled either by yourselves or the nominated
financial institution.
11. Governing Law
This agreement is governed by the laws of New Zealand.
12. Privacy Clause
You acknowledge that:
- Personal information collected or held by Attaché, whether
contained in this agreement or otherwise obtained is provided and may
be held, used and disclosed for the following purposes:
(i) Administering whether directly or indirectly Attaché's agreement
and enforcing Attaché's rights
thereunder;
(ii) Marketing goods and services provided by Attaché;
(iii) Ascertaining at any time your credit worthiness and obtaining
at any time credit reports, character
references or credit statements;
(iv) Enabling Attaché to notify any credit agency of any application
for credit or default on any obligation
of yours to Attaché and enabling Attaché to provide such
personal information to any credit agency
so such credit agency can maintain effective accounting records;
(v) Enabling you to communicate with Attaché for any purposes;
- Such personal information is collected by and will be held by Attaché,
whose address is 93 Grafton Road,
Grafton, Auckland.
You have the right under the Privacy Act 1993 to obtain access to and
request correction of any personal information concerning you held by
Attaché.
You authorise Attaché to obtain at any time from any person or
entity, any information Attaché may require to process and/or accept
any application for credit you may make to Attaché, or to perform
or complete any of the other purposes for which you have provided personal
information to Attaché. You authorise any such person to release
to Attaché any personal information that person holds concerning
you.
For the purposes of the preceding clauses, the term Attaché includes
any financier or discounter of Attaché's contract, or any related
company of Attaché. The term "related company" has the
meaning given it by The Companies Act 1993 or replacement legislation.
If you fail to provide any information requested by Attaché in
respect of any application for credit you may make, Attaché may
be unable to process such application."
13. No Liability for damages and indemnity
So far as is permissible by law, Attaché shall not be liable to
the user for any injury, damage, or loss suffered by the user or any servant,
agent or invitee of the user arising out of the use or misuse of the Attaché
Alex service. Under no circumstances can Attaché be held liable for consequential
losses, whether suffered by you and/or any third party.
14. Acknowledgements
By using this service you acknowledge you have read and accept the terms
and conditions contained in this Agreement including but not limited to
the reservation contained in item 6 and the pricing details as displayed on
the Attaché Alex website, and the consequence of nonpayment referred
to in item 4. You also acknowledge that you have the authority to commence
this Agreement.
15. Consumer Guarantees Act 1993
You agree and acknowledge that all supplies of goods and services from
Attaché are/will be acquired for your business purposes and accordingly
the provisions of the Consumer Guarantees Act 1993 will not apply as between
Attaché and yourself.

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