Please note the following terms and conditions are for all call center and print marketing activities as undertaken by Total Connect Limited. All online design, online marketing and online advertising services are provided by Fleet Fox Limited, trading as Total Connect Digital - go to Digital Terms and Conditions
1. The Standard Total Connect Terms & Conditions of Business constitute part of any business Agreement with Total Connect, unless otherwise specifically stated within an Agreement between the parties.
2. The Standard Total Connect Terms & Conditions of Business may be updated from time to time by Total Connect and the updated version shall come into force from the time and date that are posted on the Total Connect website.
3. The Parties agree not to use the other Party’s name, logo or brand elements in any way without the prior written approval of the other Party. Approval to use the other Party’s name, logo or brand elements for the purpose of promotion and provision of Total Connect services to customers may not unreasonably be withheld.
4. The Parties are independent entities and nothing in the Agreement creates, constitutes or evidences any partnership, joint venture, agency, trust or employer/employee relationship between the Parties and the Parties may not make, or allow to be made, any representation that any such relationship exists between the Parties. The Parties do not have the authority to act for or incur any obligation on behalf of, the other Party.
5. Total Connect may subcontract or assign the Agreement or any part of it by giving prior written notice to the other Party.
6. Both Parties must at all times keep confidential and not directly or indirectly make or allow any disclosure or use to be made of any Confidential Information, except to the extent that the Parties agree in writing.
7. On Termination of the Agreement, the Parties will each immediately deliver to the other all Confidential Information and property in their power, possession or control which belongs to the other Party.
8. The Parties will indemnify, hold harmless and defend the other Party from and against all proceedings, damages, fines, penalties, liabilities, losses, costs and expense incurred or suffered by the other Party resulting directly or indirectly from any representation or warranty or negligent act or omission given by a Party under the Agreement being untrue, inaccurate or incomplete, or any breach of, or default under, this Agreement;
9. To the extent permitted by law, neither Party shall be liable to the other for any consequential indirect or incidental damages or any loss of profits, anticipated revenue or business.
10. Both Parties will use their best endeavours to assist the other Party to the Agreement, and all associations of the Parties, in dealing with and investigating any customer grievances and complaints, including providing all relevant information related to the grievances and complaints.
11. If between the Parties to the Agreement, any dispute arises out of, or in connection with, this Agreement, neither Party is to commence proceedings relating to the dispute unless that Party has complied with the provisions of clause 12.
12. If a Party believes there is a dispute in relation to the Agreement, then:
12.1. It will notify the other Party in writing giving details of the dispute;
12.2. The dispute will then be promptly referred to a senior representative of each Party for resolution by negotiation within 10 business days;
12.3. During any dispute process, the Parties shall continue to comply with their respective obligations and may exercise their respective rights under the Agreement as if the dispute had not arisen.
13. Either Party may terminate the Agreement immediately by written notice if the other Party makes a material breach of any obligation under the Agreement and fails to remedy that breach within 20 business days of receiving a written notice requesting it to remedy the breach.
14. Any Termination of the Agreement shall be without prejudice to any accrued rights and remedies of the Parties up to and including the date of Termination.
15. Payment will be required within 14 days of invoice from Total Connect;
16. Upon failure to make payment in accordance with these terms and conditions:
16.1. Total Connect may transfer, or sell the outstanding debt or authorise any third party (“Debt Collection Agency”) of its choosing to seek payment of the outstanding debt;
16.2. In addition, the other Party will be liable to pay for any costs or loss incurred by Total Connect, or the Debt Collection Agency required to enforce payment in accordance with these Terms and Conditions;
16.3. Any expenses, costs, or disbursements incurred by Total Connect in recovering any outstanding monies including debt collection agency fees or solicitor's costs shall be paid by the customer;
17. Clauses 1 - 12 will survive the Termination or expiry of the Agreement.
18. If one or more of the provisions of the Agreement is, or becomes illegal, invalid or unenforceable for any reason, the remaining provisions of the Agreement shall not be affected thereby and shall continue in full force and effect.
19. The Agreement is to be governed by and construed in accordance with the Laws of New Zealand.