TERMS
& CONDITIONS
of Acceptance for Publication of Listings in the
New Zealand Register of Accredited and Certified Suppliers
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2 Term
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Payment 3
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4 Website
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6
Delay
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10
Privacy
Act
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Purchase
a Copy of the Register
Register
On-Line
as a Certified
& Accredited Supplier
Contact
us by email, or write, telephone or fax to:
NZISO, 143 West Coast Road, Glen Eden, Waitakere City, New Zealand
P O Box 20745, Glen Eden, Waitakere City 0641, New Zealand
Telephone: +64 (9) 813 9417 Facsimile: +64
(9) 813 9415
The New Zealand Register of Accredited and Certified Suppliers offers a marketplace exclusively for organisations maintaining an agency or place of business within New Zealand and who have current accreditation and/or certification to, or equivalent to, ISO criteria. All Clients must produce their certification numbers, the date of their most recent certification and their category for publication. All clients must provide the Register with current Certification updates or changes within a reasonable period of such events.
(a) The Company shall supply the Register to the Client on each and every calendar year; and
(b) Unless the Client otherwise notifies the Company in writing not less than one calendar month prior to the expiration of any calendar year the Client will be deemed to have re-ordered the Register for a further term of one year on the Company's then current Terms and Conditions provided however that the Client shall always be entitled to exercise the cancellation rights contained in clause 3 hereof in respect of such further Term.
(a) Payment (being cleared funds) shall be paid to the Company on or before the 20th day of the month following the date of the Company's invoice to the Client which invoice shall be issued promptly on or after the date of the Client's Order; and
(b) The Client shall not be entitled to hold payment or to make any deductions from the Invoice Value without the prior written consent of the Company; and
(c) Interest at the rate of 12% per annum calculated on a daily basis shall be payable on any moneys outstanding under the Client's Order from the date payment was due until the date payment is received by the Company but without prejudice to the Company's other rights or remedies; and
(d) All recovery costs incurred by the Company arising out of the Client's failure to pay by due date including full legal disbursements shall be payable by the Client upon the demand of the Company.
(a) An Order of the Client shall authorise the Company to publish, without fee, some or all of the Client provided information as a listing on all or any of the Company's and/or its associated websites and to make such lists, directories and other reference and/or search facilities that may enable website visitors to view the Client's details; and
(b) Where the Client has provided the Company with a business logo or other trade mark (whether registered or not) for publication in the Register, the Company may, in its discretion and without fee, reproduce such business logo and/or trade marks upon all or any of the Company's and/or its associated websites as a component of any listing as referred to in (a) above; and
(c) The publication of the Client's details upon all or any of the Company's and/or its associated websites, the use of the content therein published, the use of those websites and the intellectual property rights of those sites shall be governed by the terms and conditions published and set out on those websites. (NZISO website copyright)
(d) The Client's inclusion of an email address shall authorise the Company to make email contact with the Client from time to time for such business matters or offers as the Company may deem appropriate; and
(e) The Company may, from time to time, offer the Client fee-based display, advertising or other facilities on all or any of the Company's and/or its associated websites and any Order of the Client for such products shall be subject to these same Terms and Conditions.
(a) The Client may cancel it's Order by notice in writing to the Company within fourteen days of receipt by the Client of the Company's invoice; and
(b) In its' sole and absolute discretion and having regard to the nature of any cancellation, the Company may without fee, as a goodwill and/or public service, continue to publish the Client's details (including all business logos and trade marks) either in the Register and/or upon all or any of the Company's and/or its associated websites
(a) If a publication date for completion of the Client's Order shall be stated in that Order such date shall be approximate only and time shall not be deemed to be of the essence; and
(b) The Client may request a change or correction to any detail of the information supplied for website and/or Register publication at any time without additional fee. Website changes will be effected on the first available website update while copy changes in the Register will only be accepted up until the printing deadline which date, when available, will be made supplied upon the request of the Client.
(a) The Company (which, for these purposes shall include its' officers, employees, servants and agents) shall not be liable to the Client or any of its' associates for any loss (including consequential loss), damage/s or injury of any kind whatsoever suffered by the Client howsoever and by whomsoever caused in its' dealings with the Company whether by way of neglect or breach of obligation including omission, mistake, mis-classification, non-insertion or anything not done; and
(b) The Client shall indemnify the Company (which, for these purposes shall include its' officers, employees, servants and agents) against any Third Party claim arising from that Party's reliance upon any use of, or the content of, or in any otherwise of the Register and/or all or any of the Company's and/or its associated websites; and
(c) Notwithstanding anything else to the contrary the limit of the liability of the Company (which, for these purposes shall include its' officers, employees, servants and agents) arising from (a) and (b) above shall not exceed the value the Client's most recent invoice from the Company or the current listing fee whichever shall be the lesser.
8. COPYRIGHT (See also Copyright
provisions of this Website)
(a) All copyright (and any other intellectual property rights) subsisting in any material prepared and/or supplied by the Company shall vest in the Company and shall not pass to the Client; and
(b) The Client shall not be entitled to use, copy or distribute the Register in any way or to permit any other party to do so and the Client agrees that any breach of its obligations under this clause will breach and/or infringe the Company's rights in the Register.
9. NO
ASSIGNMENT
The Client shall not assign all or any of its rights or obligations under their Order without the prior written consent of the Company.
(a) If the Client is an individual, he or she acknowledges that he or she is aware that:
(i) The Company is collecting personal information about him or her; and
(ii) That this information is being collected to enable the Company to perform the obligations of the Client's Order and to market other products or services offered or sold by the Company; and
(iii) The Company will hold the information; and
(iv) If the individual does not supply the information the Company may be unable to perform the obligations of the Client's Order and may be unable to market other products sold by the Company; and
(v) He or she has a right of access to, and correction of, personal information by virtue of the Privacy Act, 1993; and(b) The acknowledgments in (a) above apply to information whether collected by the Company before or after the date of the Client's Order.
In these Terms and Conditions unless the context otherwise requires:
"the Client" means the person, firm or company making the Order;
"the Order" means the order cost acceptance signed by the Client and accompanied by the updated information (or the faxed or electronically e-mailed equivalent) which has been received by the Company and accepted in reliance upon these Terms and Conditions;
"the Invoice Value" means the current price of the service/s supplied by the Company;
"the Register" means the New Zealand Register of Accredited and Certified Suppliers issued once each year being distributed by the Company and supplied to the Client.
"person" includes corporation, association, firm, company, partnership or individual.