Tabsoft's Terms and Conditions

If you don't agree with this terms and conditions then you must not use our software. 

Terms These terms apply whenever any tabsoft company provides services of any kind or does anything else for tabsoft's customers or other non-residential customers except where a separate written agreement covers other services we provide; for example, different terms apply when we provide services or Internet services to you.
In these terms, we have used "we" or "us" for the txtSell company providing services for you, "you" for the customer and "service" or "services" to cover all goods and services of any kind we provide and anything else we do. 

Our Commitment to you 

We want to make it easy for you to do business with us. 

• putting you in touch with the right person to answer your enquiries 
• responding to your needs quickly and effectively 
• keeping you informed about new services which may benefit your business 

Your Responsibilities 

When we provide services for you, it is your responsibility to: 

• follow our directions about the use of our services 
• use our services for lawful purposes and without annoying anyone 
• never interfere with the reasonable use of our services by our other customers 
• make sure you use the service only for your own internal business use and not sell, rebill or otherwise provide any of our services to anyone else without our written consent 
• obtain any authorisation, licence or consent we think is necessary for us to provide the service to you (such as resource management or building consents) 
• comply with all laws applicable to your use of our services 
• make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities under these Standard Terms 

Software 

 Where we provide you with any software: 

• we remain the owner or licensee of the software 
• you may only use the software for your own internal business use and for the purposes for which we provide it
• you must not change or interfere with the software in any way 
• you must not copy any part of the software without our permission. 

We may at any time provide upgraded or new versions of the software. As long as an upgraded or new version does not adversely affect any service we provide to you, or your use of our service, you must install the upgrade or new version as soon as you reasonably can and not later than two months after we provide it to you. 

Our Charges
You must pay for the services we provide for you no matter who uses them. Most charges are payable monthly. We may change the charges or plans from time to time. We may assign any amounts you owe us to another txtSell company or to anyone else. The standard charges for all our commonly used services are set out in a document called the txtSell list of Charges. Charges usually begin from the time you are connected to the txtSell Network. We may at any time require you to: 

• satisfy us that you will be able to pay our charges
• give us a fair bond, guarantee or other security 

Billing
We will send you bills for our charges. 

You must pay the bill by that date. Please ask us about the different ways you can pay. 

Our bills are based on records. Please let us know before the due date for payment if you think there is a mistake in your bill. We will investigate the matter straight away. While we are doing this, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances. 

Normally, we will be able to find out if there is a mistake in our records and get back to you within seven days. If there is a mistake we will adjust your next bill. 

If there is no mistake, and if the due date for payment has already passed, you must pay the amount outstanding straight away. If you do not pay a bill by the due date for payment: 

• we may charge you interest on the unpaid amount from that date until you pay it; the interest rate will be the rate set out in the txtSell list of charges 
• you may be required to pay any costs that are incurred by anyone (including agents) in recovering the money
• you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis
• we may withhold, suspend or restrict any service we provide for you. Refund Of Rental Charges For Disrupted Service 

Sometimes our services can be disrupted. If this happens, we will restore them as soon as we reasonably can.

Where any rental service is completely disrupted and we do not restore it within one business day after you tell us of the disruption, you may ask for a refund of our rental charges for that service for each day of the disruption. 

A refund is not available where: the disruption or any delay in restoring the service is caused by you or anyone you are responsible for the delay in restoring the service is caused by events beyond our reasonable control we suspend, restrict or stop providing the service 

To get your refund, you must ask for it within six months after we restore the service. We will then refund our rental charges for the affected service by adjusting your next bill. Your Right To Give Up Any Service You may give up any service simply by telling us. 

Where you have agreed to take the service for a minimum period, charges for the service will continue until the end of that period. Otherwise they will stop straight away. 

Our Right To Suspend Or Restrict Any Service If you do not pay our charges or meet any responsibilities you have to us or to any other txtSell company, we may suspend or restrict any service at any time. Where we suspend a service for any of these reasons we may require you to pay a reconnection charge before you can use it again. We may also temporarily suspend or restrict any service if we think it reasonable or necessary, for example, to work on the txtSell Network. In most cases, normal charges continue to apply during the suspension or restriction of any service. 

Our Right To Stop Providing Any Service We may stop providing any of our services to you. We may do this at any time if you do not pay our charges or meet your other responsibilities under any agreement you have with us. Otherwise: where we have agreed to provide a service for a minimum period, we will continue providing it until the end of that period except if the circumstances set out below apply we will always tell you at least one month before we stop providing the service. 

We may end the availability of any service at any time if the relevant service is no longer viable, we are unable to provide it, we are withdrawing it from general availability, or we are replacing it with a new service. The txtSell Network The txtSellNetwork is the network of communication facilities owned by us and by other txtSell companies which we use to provide our services for you and our other customers. 

Acquiring our services does not give you any rights in any part of the txtSell Network. Exclusion Of Our Liability We have set out your rights to claim a refund of rental charges for disrupted service and to claim compensation from us. We now exclude all other liability we may have to you. 

This exclusion also applies for the benefit of these people: all other txtSell companies, their employees, contractors and everyone they are responsible for other network operators who allow us to use their networks or whom we allow to use the txtSell Network, their employees, contractors and everyone they are responsible for our employees and contractors, everyone we are responsible for and anyone else we get to perform our responsibilities under any agreement you have with us. None of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us 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: whatever you are claiming for (including loss of profits or business) however liability arises or might arise if it were not for this clause. Limitation Of Our Liability Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any monies. We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed in clause 17 may have to you. If: you are ever entitled to compensation from us, or we or any of the people listed in clause 17 are ever liable to you and, for any reason whatever, any of us cannot rely on the exclusion of liability set out in clause 17 The maximum combined amount all of us (together) will have to pay you and anyone else who uses the services we provide to you (together) is: $100 for any event or for any series of related events Our Rights To Recover Expenses 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. Confidential Information You must keep confidential any information you receive from us which you would expect to be confidential or commercially sensitive. Any pricing or network or equipment design information must be treated as confidential. You may only disclose confidential or commercially sensitive information if you are required to by law, or applicable stock exchange rules. Intellectual Property Rights We or others may have intellectual property rights in the services and in any equipment, including software, we provide to you. These rights include, for example, all copyright, trade mark and design rights relating to the services or equipment. All those rights are retained when we provide services or equipment to you. 

Any intellectual property rights arising from any improvement or change to any service devised or made by anyone belongs to us. All Services Acquired For Business Purposes You agree that you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any services we agree to provide under any written agreement you have with us. Sending Bills And Notices We will send bills and other notices to the last address you have given us. We can assume any bill or notice we send by post has been delivered five days after we post it. Please tell us if you change your address. Personal Property Securities Act 1999 You agree that this agreement constitutes a security agreement which provides for a security interest in our favour in all of your present and after-acquired property except for any item of personal property which is not (or which is exclusively the proceeds of any item of personal property which is not) provided by us to you under these terms. In addition, references in these terms to 'equipment' and 'software' means the goods and software described or referred to in the relevant records we maintain (or any other relevant document we may produce), on the basis that such record or other document is deemed to be assented to by you and to be included in and form part of this agreement. On request by us, you will promptly do all things (including signing any other documents) and provide all information necessary to enable us to perfect and maintain the perfection of any security interest you grant to us under this agreement (including by registration of a financing statement). 

You waive your right to receive a copy of any verification statement in respect of any financing statement we register and you agree to indemnify us, upon demand, for all costs and expenses we incur in registering and maintaining any financing statement. Where used in this clause, the following words and phrases (and grammatical variations of them) have the meanings given to them in, or by virtue of, Personal Property Securities Act 1999: 'after-acquired property', 'financing statement', 'goods', 'perfection', 'personal property', 'proceeds', 'security agreement', 'security interest', and 'verification statement'. 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.