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Terms & Conditions of Service We have created our Terms and Policies to make sure that dealing with Kudo* is an enjoyable experience for everyone. Kudo* reserves the right to review these Terms and Policies from time to time. These Terms Of Service These terms apply whenever Kudo* provides goods or services or does anything else for Kudo* businesses, it's Partners, Resellers and/or clients/customers. In these terms:
Our Contact Details If you need to contact us for any reason (for example, if you would like information about other services we may be able to provide to you, if you have questions about these terms, or if you want to give up a service) you can:
Our Commitments To You Whenever we provide services for you, we will:
Whenever our services involve us providing equipment (or other goods) to you, we give you these extra commitments:
Your Responsibilities to Us When we provide services for you, it is your responsibility to:
Our Charges If you fail to pay your bill, your service will be cancelled without notice and the outstanding amount due will be recovered through our debt collection agency. Our debt collection agent may charge you a fee equal to 25% of the unpaid portion of the bill, but not less than $25.00. Where the total debt collection agency costs, legal and other costs arising from the collection of any owing amount exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs from you. Billing You will be sent electronic invoices for our charges (via HTML emails. If you have problems or are unable to receive HTML formatted email, please contact us and we will send your invoice in plain text format). The invoices may also include any other amounts you owe for any reason to us or to other partner companies. Each invoice will tell you the due date for payment. Your account will be debited the amount on the invoice on this date. Your invoice will be based on our records. Please call the contact number set out on your invoice (or send an email to accounts@kudo.co.nz) before the due date for payment if you think there is a mistake in your invoice. The matter will be investigated for you. While you are waiting to hear back, your account will not be debited the amount queried on the due date for payment. If there is a mistake, your next bill will be adjusted. If there is no mistake, and if the due date for payment has already passed, your account will be debited the amount outstanding forthwith.
Our Right to Suspend, Restrict or Terminate Service We may require you to edit material we consider to be unauthorised, misleading, objectionable, defamatory, illegal or detrimental to our reputation or to our brand. If you do not do so to our satisfaction, we may edit that material ourselves and we may withhold, suspend, restrict or terminate any service we provide to you without further notice. Normal charges continue to apply during the suspension or restriction of any service.
Your Right to Cancel Service Identification Codes And Passwords We may allocate identification codes for you to use depending on the kinds of services you want. We may change any code, for example, by allocating you a new code. We will always give you as much notice as we reasonably can before making any change. You are responsible for keeping confidential your billing account number and any personal identification code or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your billing account number, personal identification code or password).
Your Rights to Compensation from Us We set out here your rights to compensation from us. Refund of reasonable expenses Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know. Where we consider it appropriate, we will refund to you all or part of those expenses. For us to consider your claim, you must tell us within 6 months after the service is affected. Where we do not meet any responsibility we have to you, the refund of expenses is limited to an amount equal to our average monthly charge to you for the affected service (which we will calculate by averaging our monthly charges to you for that service for the 6 months up to the date of refund) A refund is not available where we did not meet our responsibilities to you because we were not given correct information or through other causes beyond our reasonable control, or where we have withheld, suspended, restricted or terminated the service. Exclusion of Our Liability We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies for the benefit of these people:
None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
Should you choose for any reason to cancel an application for Kudo* ~ WebTools prior to it launching and after the application has been posted to Kudo*, you will still be liable for the: minimum, initial site set up fee and months licensing fee, and any sequential months licensing used by you prior to the submission of a cancellation request to Kudo* Systems (NZ) Ltd. Our Rights to Compensation from You Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights. We recommend you talk to your insurer about arranging suitable
cover for risks of loss or liability arising from these terms.
Limitation of Our Liability Using Information About You During any relationship you have with any Kudo* service you agree that we and other Kudo* partners may collect information about you. The information may be obtained from you and others or generated within the equipment used to provide our services when you or anyone else uses our services. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and other Kudo* partners may not be able to provide services to you. You may ask to see information any of us holds about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We and other Kudo* partners may hold the information and share it with each other, with employees and contractors of Kudo* and it's partners, with credit reference agencies and with collection agencies. This enables us and other Kudo* partners to:
If you tell us you have an interest in a particular topic, we may send you information about that topic. We and other Kudo* partners may share with network operators any information needed to enable you to use the services; this does not include your name and address. We and other Kudo* partners may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think that it is necessary; for example, to help maintain the law. We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Intellectual Property Rights We may have intellectual property rights in products we provide to you, in our Web site and in our services including, for example, copyright, trade mark and design rights. We retain all our rights when we provide products or services to you. Sending Invoices and Notices Invoices and other notices will be sent to the last electronic address you have given us. We, our pertners, and anyone to whom we have assigned the amounts you owe us, can assume any invoice or notice sent electronically has been delivered on sending unless we receive a "failed to deliver" message. Please tell us if you change either your physical or electronic address. New Zealand Law Applies All our services are provided under New Zealand law. You may take action against us only in a New Zealand court.
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