Introduction

  • This Website is owned and operated by The Total Team Limited a registered company of New Zealand, trading as The Total Team ("3T, we, us, our").
  • Your use of the information and data contained on this web site is at your sole risk. Any information and data is provided on an "as is" basis without warranty of any kind. In no event shall The Total Team and/or its authorised agents or partners be liable for any loss or damage arising out of the use of any of the information supplied herein, whether such loss or damage arises directly or indirectly from said information.
  • This site may contain hyperlinks to websites operated by third parties, which are not under the control of The Total Team. We are not responsible for the contents of any linked website or any hyperlink contained in a linked website.
  • We may modify these terms and conditions and change any content of this website at any time. These terms and conditions are governed by and will be interpreted in accordance with the law of New Zealand and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the Courts of New Zealand.

Definitions and Interpretation

  • "Agreement" means the agreement for supply of Product, Services and/or Deliverables between The Total Team and the Customer consisting of;
    1. these Terms of Service;
    2. any statement of work (SOW);
    3. other SOWs, proposals or service orders;
    4. any other document or correspondance previously agreed in writing, including any Credit Application.
  • "Assumption" means any assumption (by whatever name called) which The Total Team has made in calculating any charges stated in the SOW or elsewhere in the Agreement.
  • "Business Day" means a day that is not a Saturday, Sunday or New Zealand public holiday.
  • "Change Request" means a written request by a party for a Change and must include any additional information reasonably necessary to enable the other party to properly assess the request
  • "Customer" means the person(s), firm, company, Government body or other entity who purchases Product, Services and/or any Deliverables from The Total Team.
  • "Deliverables" means any or all materials created by The Total Team specifically for the Customer, including, without limitation, data, diagrams, reports and specifications
  • "Contract" means any writen agreement signed by both The Total Team and the Customer concerning the supply of products or services.

Proposals and Statements of Work

  • All Proposals or SOWs are valid for 30 days from the date of the document, unless otherwise stated in the document.
  • All Proposals or SOWs are subject to our standard Terms of Service and any defined conditions
  • The Total Team may, at any time before both parties have signed the agreement, withdraw, amend or alter any Product, Services and/or Deliverables which form part of the document

Charges

  • All prices and charges are expressed in New Zealand dollars and shall be exclusive of GST.
  • The Total Teams charges for services shall be set out in the Contract.
  • The Total Team shall have the right to review the charges as set out in the Contract on the annual anniversary of the date of this agreement
  • The Customer shall pay all amounts for hardware payable on delivery and receipt of an invoice from The Total Team.
    • Late payment shall constitute a default and without restriction to The Total Team's other rights, power or remedies at law arising in respect thereof;
    • the Customer shall pay default interest on overdue amounts from the date payment falls due to the date of the payment at a rate 7% above The Total Team's banker's overdraft rate applicable at the date of default.
    • All payments shall be made clear of any deduction, set off or other claim.
  • Where this agreement has been entered into by an agent (or a person purporting to act as agent) on behalf of the Customer, the agent and Customer shall be jointly and severally liable for payment of all amounts due to The Total Team under this agreement.
  • Any service alterations/changes to a Contract must be agreed to by a signed contract variation.

Intellectual Property

  • All right, title and interest (including all copyrights and other intellectual property rights) in the services and materials (in both print and machine readable forms) used by The Total Team belong to The Total Team or The Total Team's third party suppliers or partners.
    The Customer acquires no ownership or copyright or other intellectual property rights or proprietary interest in the services, materials or copies thereof.
  • Any third party material supplied or displayed on this website remains the intellectual property of the supplying party.
  • The Services and the content of this website may be protected by Copyright, trademark and other intellectual property rights, as applicable and are provided solely for your own use.