Terms of Use

Definitions in these terms

"Subscriber" means the person, business or company that is the purchaser of the Product or Service;

"Products" means the products (including software) supplied to Subscriber by 3Bit Solutions and its affiliated companies and described in 3Bit Solutions's invoice;

“Services” mean the services provided to Subscriber by 3Bit Solutions and affiliated companies

"Sales Contract" means any sales contract entered into by Subscriber and 3Bit Solutions in respect of the Products and Services supplied to Subscriber in which these Terms are deemed to be incorporated; and "3Bit" means 3Bit Solutions Limited.

"Products" means the products (including software) supplied to Subscriber by 3Bit Solutions and its affiliated companies and described in 3Bit Solutions's invoice;

“Services”  mean the services provided to Subscriber by 3Bit Solutions and affiliated companies

"Sales Contract" means any sales contract entered into by Subscriber and 3Bit Solutions in respect of the Products and Services supplied to Subscriber in which these Terms are deemed to be incorporated; and "3Bit" means 3Bit Solutions Limited.

2. Orders & Shipping

(d)    All orders for Products placed by Subscriber:

1)     must be made in accordance with 3Bit Solutions's order policy as amended by 3Bit Solutions from time to time, the current version of which is set out Schedule 1: Order Policy; and

2)     are subject to acceptance by 3Bit Solutions, and no order will be deemed to have been accepted by 3Bit Solutions unless such acceptance has been confirmed in writing by an authorised representative of 3Bit Solutions to Subscriber.

(i)             3Bit Solutions may reject any order placed by Subscriber if there is an insufficient supply of Products which prevents 3Bit Solutions from being able to fulfil such order.

(ii)            3Bit Solutions will not be bound by any terms attaching to Subscriber's order and, unless those terms are expressly agreed by an authorized representative of 3Bit Solutions, Subscriber agrees that those terms are excluded.

(iii)            Access must be given to Xero for the license to be activated.

(3)            All our services are delivered via the internet. No software physical or otherwise will be shipped to you.

 

3. Payment

 

(a)    The price of the Products will be 3Bit Solutions's quoted price on www.hostedpay.net.

(b)    Our Payment Terms are Strictly  Direct debit from credit card and will be processed 30 days from start date .

(c)    Direct debit will continue 30 days after proceeding the first payment until you have notified us that you would like to cancel.

(d)    Subscriber will be required to give minimum 30 days notice for cancellation of service via either email to our support email or using our 'contact us' page at http://www.hostedpay.net/Contact

(e)    If the Subscribers  direct debit fails your service will be suspended until the account is brought up to date;

(f)    Refund policy. All our services are provide to you as a monthly subscription, we do not give refunds or part month refunds.

(g)    ALL Prices are in GBP unless specified and based on your origin tax may be applicable.

 

4. Credit assessment

(a) If any Products and/or Services supplied to Subscriber on credit, 3Bit Solutions may need to disclose to a credit reporting agency certain information referred to in clause 4(c) about Subscriber when assessing Subscriber's application for credit and managing Subscriber's account with 3Bit Solutions. Subscriber authorises 3Bit Solutions to disclose such information to a credit reporting agency for these purposes.

(b) Subject to 3Bit Solutions's obligations under the Privacy Act 1988 (Cth) and other applicable laws, 3Bit Solutions may give the information referred to in clause 4(c) to a credit reporting agency to obtain a consumer credit report about Subscriber or to allow the credit reporting agency to create or maintain a credit information file about Subscriber. Subscriber agrees that 3Bit Solutions may disclose a credit report about it to any credit provider, debt collecting agency or 3Bit Solutions's insurers for the purposes of assessing Subscriber's credit-worthiness or to collect any overdue payments (as the case may be).

(c) 3Bit Solutions may disclose the following information relating to Subscriber in accordance with clauses 4(a) and (b):

i)      Subscriber's name and address;

ii)      Credit limits on Subscriber's accounts;                  

(i)     the amount of any payments which are overdue for at least 60 days;                

(ii)     where an overdue payment has been previously reported, advice that the payment is no longer overdue;      

(iii)    cheques or credit card payments which have been dishonoured;       

(iv)    information that, in the opinion of 3Bit Solutions, Subscriber has committed a serious credit infringement; and                

(v)    information that 3Bit Solutions has ceased to supply the Products and services to Subscriber.

(d) Subscriber agrees that 3Bit Solutions may obtain information about Subscriber from any business which provides information about the commercial credit-worthiness of persons for the purposes of assessing Subscriber's application to purchase the Products on credit and collecting any overdue amounts.

(e) 3Bit Solutions may refuse to supply the Products to Subscriber on credit on the basis of 3Bit Solutions’s credit assessment of Subscriber.

 

5. Software License

(a)    3Bit Solutions grants a license to the subsciber  to use the hostedpay.net facility  while they are paying Subscriber and are up do date financ ially.

(b)    If subsciber revokes access to Xero it doesn’t cancel the subscription for the software If service is required to be cancelled please see 3(d).

(c)    Termination of any such licence shall not affect your obligation to pay any applicable licence fees or other amounts which became due under these Terms and Conditions before such termination and shall not affect any right at law or equity relating to any obligation under this agreement and which accrued to either party before such termination.

 

6. Service

(a)    3Bit Solutions shall not be liable in contact or in tort in respect of any indirect or consequential loss suffered by the Subscriber arising our or in connection with the service.

(b)    Consequential loss shall include but not limited to loss of profit,data,use or goodwill ( or similar commercial loss), and payment due  to any third party

(c)     The software is supplied "as is" and we do not warrant that the software will meet your expectations or requirements or that its operation will be uninterrupted or error free.

(d)      We shall not be liable under this clause to the extent that a defect or interruption to service is caused by you or a third party, including failure by you or a third party to follow any specifications or directions issued by us from time to time for use of the Software.

(e)     Security: All our services are provided using SSL encryption (128 Bit) when purchasing services from HostedPay (3Bit Solutions Limited) your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.

(f)     Except to the extent specified to the contrary in any Agreement we make with you, we shall not be obliged to support the Software, whether by providing advice, training, error-correction, new releases or enhancements.

(g) You acknowledge that the Goods and Services acquired from us are not of a kind ordinarily acquired for personal, domestic or household use or consumption and that you are acquiring them for the purposes of a business. Accordingly it is agreed that, to the maximum extent permitted by law, the provisions of Consumer Guarantees Act 1993, or any other relevant consumer protection legislation, do not apply to this Agreement.

(h) To the maximum extent permitted by law all terms, warranties or representations whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, description quality, purpose or fitness of the Software are hereby expressly excluded.

(i) Notwithstanding anything herein no employee, agent or director of 3Bit Solutions Limited will be liable to you for breach of any duty of care in Tort (including negligence), Contract, Equity or otherwise in relation to the performance of obligations under this Agreement or in relation to the subject matter of this Agreement.

 

7. Privacy

 

(a) Subscriber agrees to 3Bit Solutions collecting, using and disclosing information about Subscriber of the kind referred to in clause 16(c) for various purposes, including to:

(i) assess credit worthiness as outlined in clause 16;

(ii) supply the Products and services to Subscriber and the management of Subscriber's account;

 

(iii) communicate with Subscriber about the Products and services which 3Bit Solutions or its partners or affiliates may provide to Subscriber;

(iv) implement these Terms and any Sales Contract; and

(v) comply with relevant laws.

(b) 3Bit Solutions, at the written request of Subscriber, will:

i)      provide Subscriber with access to any personal information relating to Subscriber held by 3Bit Solutions; and

ii)      correct or amend any personal information relating to Subscriber held by 3Bit Solutions which is inaccurate or out of date.

iii)     3Bit Solutions will handle Subscriber's personal information in accordance with relevant laws.

10. Intellectual property

(a) Subscriber acknowledges that:

(i) all trademarks, copyright and other intellectual property rights ("Intellectual Property") embodied in or in connection with the Products and any related documentation, parts or software are the sole property of 3Bit Solutions or its

suppliers; and

(ii) all Intellectual Property of 3Bit Solutions or its suppliers may only be used by Subscriber with the consent of 3Bit Solutions or its suppliers, during the continuance of any relevant Sales Contract, and such consent extends only to use essential for the purposes stated in it. Any licensing of Intellectual Property rights in any software Products supplied to Subscriber will immediately cease upon expiry or termination of the relevant licence agreement that governs their use.

(b) Subscriber must not, during or after the expiry or termination of any relevant Sales Contract, without the prior written consent of 3Bit Solutions or its suppliers, register or use any trade marks, trade name, domain name, trading style or commercial designation or design used by 3Bit Solutions or its suppliers in connection with the Products.

(c) Subscriber will indemnify 3Bit Solutions against all liabilities, damages, costs and expenses which 3Bit Solutions may suffer or incur as a result of work done in accordance with Subscriber's specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by 3Bit Solutions, and which results in the infringement of any Intellectual Property of any person.

 

 

11. Confidentiality

(a) Subscriber acknowledges that 3Bit Solutions has disclosed and may from time to time disclose to Subscriber certain confidential information and documentation of 3Bit Solutions relating to the Products, their marketing, use, maintenance and software,

including technical specifications ("Confidential Information").

(b) Subject to clause 7(e), Subscriber must:

(i) only use the Confidential Information solely for the purposes contemplated under any relevant Sales Contract; and

(ii) not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.

(c) If disclosure of Confidential Information to third parties is necessary, Subscriber will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Subscriber is bound to protect 3Bit Solutions's Confidential Information under this clause 7.

(d) Upon the expiry or termination of any relevant Sales Contract, Subscriber must cease to use and must return or destroy (as 3Bit Solutions may instruct) 3Bit Solutions's Confidential Information in its possession or control.

(e) The provisions of this clause 7 do not extend to any information which is:

(i) at the time of disclosure, rightfully known to or in the possession or control of Subscriber and which is not subject to an obligation or confidentiality;

(ii) public knowledge (otherwise than as a result of a breach of this clause 19 or any other obligation of confidentiality);

(iii) approved to be disclosed by 3Bit Solutions; or

(iv) required to be disclosed by a government authority or by relevant laws.

 

13. Liability

 

(a) To the extent permitted by law, 3Bit Solutions will not be liable to Subscriber or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Subscriber, whether such liability

arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct of 3Bit Solutions or its employees or agents;

(ii) the supply, performance or use of any Products or services; or

(iii) any breach by 3Bit Solutions of its obligations under these Terms or any relevant Sales Contract.

14. General

(a) 3Bit Solutions may amend these Terms at any time, by giving Subscriber notice by mail, e-mail or by posting a notice on 3Bit Solutions's public website. By continuing to place orders for Products, Subscriber will be deemed to have accepted the revised Terms.

(b) Our contract with you and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts.

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