Standard Terms and Conditions of Business | Total Connect

Standard Terms and Conditions of Business

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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

Agreement

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.

Use of Brand

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.

Relationship of Parties

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.

Assignment

5.    Total Connect may subcontract or assign the Agreement or any part of it by giving prior written notice to the other Party.

Disclosure of Confidential Information

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.

Return of Information and Property

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.

Indemnity

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;

Limitation of Liability

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.

Dispute Resolution

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.

Termination

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.

Invoice & Payment Terms

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;

Survival

17.    Clauses 1 - 12 will survive the Termination or expiry of the Agreement.

Enforceability

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.

Governing law

19.    The Agreement is to be governed by and construed in accordance with the Laws of New Zealand.  

Message Us

  0800 45 46 45
  service (@) totalconnect.co.nz
PO Box 25072, Wellington 6146

 

About Total Connect

We provide sales and marketing support to enable sales professionals to maximise their sales opportunities.

We promote sales people and product offers, reach prospects, qualify leads, and convert sales.

Read more on how we can help you to increase sales, contact us today!

 

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