In these terms of trade:
"BTSL", "we", "our" or "us" means Building Tender Services Limited.
"Subscription Services" means the services we provide now or in the future, including the provision of summarised information of tender documents made available to us for building projects in the Auckland area relating to your registered trade of interest.
"Terms" means these Terms and Conditions of Trade;
"You" or "Your" means both you and any entity or firm you are acting on behalf of with actual or ostensible authority.
When you register with us to use our services and accept these terms, you become a "Subscriber". You agree to provide trust, accurate and current information in respect of your account with us, and to promptly notify us in writing of change changes to such information.
Your use of our Subscription Services requires you to pay a monthly subscription fee. We may update our pricing from time to time by giving no less than one month's notice to you of the changes.
We will use our reasonable endeavours to maintain availability of the Subscription Services through our website. However we do not guarantee the availability of the Subscription Services on our website for 24 hours a day.
We will use our reasonable endeavours for the provision of Subscription Services on a regular basis. However we will not be responsible for any delay in the provision of Subscription Services and you will not be entitled to cancel the Subscription Services because of any such delay. Time will in no case be of the essence in respect of the provision of Subscription Services.
(a) Unless otherwise agreed, payment for all Subscription Services will be made by direct debit on the 20th day of the every month once you have become a Subscriber.
(b) An invoice will be provided to you at the end of each month for the Subscription Services.
(c) We may suspend access to and/or cancel your Subscription Services in the event of any amount invoiced to you becomes more than 10 days overdue.
(d) We may charge an administration fee on all overdue amounts in addition to any other charges pursuant to this clause.
(e) Interest will accrue on all amounts overdue at the rate of 2.5% per month calculated on a daily basis on the outstanding balance until payment is received in full by us.
(f) All costs of or incurred by us as a result of a default by you including, but not limited to, administration charges, debt collection costs and legal costs as between solicitor and client are payable by you.
(g) If you default in any payment or if you become insolvent, have a receiver or manager appointed over any of your assets, or make any arrangement with your creditors, or become subject to any similar insolvency event, we may choose to terminate your subscription at any time.
Unless expressly included in our pricing, Goods and Services Tax and other taxes and duties assessed or levies in connection with the provision of Subscription Services to you are not included in the price and will be the responsibility of the Customer or, where the payment of such taxes or duties is our responsibility at law, the pricing for the Subscription Services shall be increased by the amount of such taxes or duties.
We may in its discretion allocate any payment received from you towards any invoice, charges or fees as we determine and may do so at the time of receipt or at any time afterwards. On any default by you, we may re-allocate any payments previously received and allocated.
We are to the fullest extent permitted by law, not responsible for any loss or damage (whether direct, indirect, consequential or special), arising directly or indirectly from any errors or omissions in the information contained in the Subscription Services or any delay or interruption to or use whatsoever of our Subscription Services.
(a) You agree that you accept all responsibility for your use of the Subscription Services and you indemnify us against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from your use of our Subscription Services.
(b) You warrant that you are not a 'consumer' within the meaning of the Consumer Guarantees Act 1993.
(c) You warrant to comply with all applicable laws, regulations and codes in using the Subscription Services;
(d) You warrant to keep all security information (including any login and password) relating to your subscription is kept confidential and not disclosed to any third party.
You may cancel the Subscription Service by giving us one (1) month's written notice to terminate.
You agree that, to the fullest extent permitted by law, our liability to you will be limited to the subscription fees paid by you.
(a) Except as expressly provided otherwise, we retain all copyright and other intellectual property rights we have in the information contained in the Subscription Services and the provision of the Subscription Services, and all protection of confidential information in respect of any Subscription Services provided by us to you.
(b) You will at all times keep us advised of any infringement or potential infringement by a third party of our intellectual property rights.
(c) The provision of the Subscription Services is the for your sole use only.
(d) You must not copy, distribute, modify or make derivative work of any of the information provided in the Subscription Services or use any of our intellectual property rights for any other purpose which they were intended and supplied by us and in a way not expressly permitted by us.
(e) You must not undermine the security or integrity of our systems or networks or use our services in any way that might impair functionality or interfere with other people's use.
(f) You must not modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our website or Subscription Services.
You must satisfy yourself that you can provide the services required by the parties seeking tenders and you accept accepts all risk and responsibility arising from successfully winning a tender.
Dimensions and specifications contained or referred to in any building documents are provided by the parties seeking tenders or their advisors and we have no involvement in creating the information and are not be liable to you for any losses suffered by you as a result of information provided.
You may not assign all or any of your rights and obligations under these Terms. We may assign these Terms and any rights and obligations under these Terms to any other party.
(a) In the event of any dispute arising between you and us, such dispute will in the first instance be referred to mediation for resolution.
(b) In the event that resolution by mediation is not achieved to the satisfaction of both parties within 14 days of referral to mediation, either party may then take legal action to resolve the dispute.
(c) Nothing in this clause prevents us from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
All notices required or committed under these terms may be given by email to the email address provided to us when registering for our Subscription Services or to an alternate email address provided to us.
If any provision of these Terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
(a) We may at any time refuse to approve a request for Subscription Services for any reason whatsoever.
(b) Failure by us to enforce any of the terms and conditions contained in these Terms will not be deemed to be a waiver of any of our rights or obligations under these Terms.
(c) We may from time to time by written notice to the Customer amend, add to or repeal the trading conditions covered by these Terms or may substitute any fresh trading conditions and such amendment, addition or substitute trading conditions will be binding on the Customer from the next billing cycle.
We will not be liable to you for any breach of these Terms by any extraordinary occurrences which are beyond our reasonable control.
You agree that:
(a) the personal information provided, obtained and retained by us about you will be held and used for the provision of Subscription Services;
(b) we may provide any personal information to any third party and to obtain any information concerning about you from any other source;
(c) you must notify us of any changes in circumstances that may affect the accuracy of the information provided by you to us. If you are a natural person, you have the right of access to and correction of any personal information held by us.
These Terms constitute the entire agreement and supersede and extinguish all prior agreements and understandings between you and us.
These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to the provision of Subscription Services.