Terms & Conditions

Introduction

These terms of engagement (“these Terms”) set out certain standard terms and conditions on which Accountests Ltd (“We” or “Us” or “Our” as context requires) provide services, support, or products (“the Services”) to subscribers (“You”).

These Terms apply, subject to any additional or alternative terms that We may agree in writing with You in respect of all transactions We may have with You from time to time. You confirm your agreement to these Terms when You click the ‘I agree’ box on our website to access our Services.

You must only use the Services for Your own lawful business purposes in accordance with these Terms. If You use the Services on behalf of others or in order to provide services to others You must ensure that You are authorised to do so and that all such other persons comply with and accept all these Terms as if they were You. We are entitled to accept information provided to us in good faith.

Our Services, Support & Products

We will deliver the Services in accordance with all applicable professional and legal obligations. We will act with all due care and skill, to provide quality consulting, and product support. Our products include on-line testing software for qualified and non-qualified accountants and bookkeepers in different countries.

Products and materials, including without limitation the testing questions and the statistical feedback information that We provide to You are only to be used by You for Your own lawful business purposes and must not to be copied or reproduced for use in ways that circumvent charges for further supply.

Our business is a New Zealand business and all transactions will be billed in New Zealand dollars.

Confidentiality

Maintaining client confidentiality is fundamental. We do not disclose any confidential information unless required and authorised by You, or by the law, or the New Zealand Psychological Society’s Code of Ethics.

As a result of providing the Services to You, We may have reason to collect information on your organisation and personal information pertaining to candidates We assess on your behalf. Personal and candidate information will be held on a confidential basis at our offices and with our web hosting providers. Under the Privacy Act 1993 You have the right to access and correct any personal information. Some candidate information will be retained for statistical purposes.

Please see our Privacy Policy for more information.

If a third party requests access to your information We will promptly notify You and liaise with You on our response. If We receive a legally enforceable request for information You agree to pay our reasonable costs in dealing with this.

Electronic Communications

We may correspond with You and others by electronic communication, unless You instruct us not to do so. As you are aware electronic communications are not secure. They may be read, copied, or interfered with in transit. We will not be responsible for any of the risks associated with electronic communication.

Fees for Services

Our fees are set from time to time and are as advertised on our website. Any additional fees will be agreed with You in advance. If any on-line payment is subsequently rejected by your bank, You agree to pay an additional US$50 per transaction to cover our administration costs.

GST

Our charges include New Zealand Goods and Services Tax if applicable. Tax Invoices for New Zealand on-line customers will be provided if requested per the requirements of the Goods and Services Tax Act.

Refund Policy

Where prepaid products are not delivered through our system failure, We will reimburse the full fee to the credit card used to make the purchase

Where prepaid products are not delivered through candidate or client system failure, or an inability of the candidate or client to establish or maintain an internet connection, We will reimburse the fee to the credit card used to make the purchase, less a $US25 administration fee

Use of External Records

In providing the Services to you, we may rely on information provided to us by third parties. It is possible that some information provided by such sources may be inaccurate or incomplete. We are not responsible for any such errors or omissions.

Ownership and Copyright

We own, and have copyright on all work, documents, software and online applications produced by us in connection with the Services. For the avoidance of doubt We have ownership of all data generated by use of the Services.

Website Information

Any information provided on the website Accountests.com (“the Website”) is for information purposes use only. We don’t warrant the accuracy, adequateness or completeness of any information or that it is fit for your intended use. We accept no responsibility for any reliance You place on the information on the website.

You may not copy, reproduce, distribute, transmit to any other person, or incorporate the information in any other document without our prior written consent the information on the Website

The Website may contact hyperlinks to other websites. We do not monitor those websites and do not accept any responsibility or liability in relation to any content on other websites. Linking to other websites is at your own risk.

Under no circumstances are You to create a hyperlink to any pages of the Website without our prior consent.

No Warranties

We give no warranties about the Services and all implied warranties and conditions are excluded to the maximum extent permitted by law. You acknowledge that You are using the Services for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.

Limited Liability

We are not liable to You for any indirect or consequential loss, including loss of profits, even if You advised us or We knew or should have known of the possibility of such loss.

Our liability for any loss or damage that you suffer caused by our breach of contract, tort (including negligence), breach of fiduciary duty or other actionable wrong of any kind is limited entirely to a refund of part or all of our charge for the Services that caused the loss or damage.

No legal proceedings may be commenced by You later than one year after the date on which You became aware or ought reasonably to have become aware of the facts giving rise to the claim. In any event no legal proceedings may be commenced more than two years after the date on which the facts giving rise to the claim occurred.

To the maximum extent permitted by law You agree to indemnify Us (including our employees and agents) against liabilities, losses and expenses (including our time) in connection with any claims, inquiries, investigations or similar made against Us or You by any third party arising out of or in any way connected with the Services.

Force Majeure

Provision of Services may be totally or partially suspended by Us during any period in which We may be prevented or hindered from service provision as a result of any circumstances outside our reasonable control including, without limitation, strikes, lockouts or other labour difficulty, power or internet shortages or outages, accidents or breakdowns of plant, machinery, software, hardware or communication network, Act of God. We do not have any liability to You in respect of any such suspension.

Governing Law

These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms.

General

These Terms supersede all previous agreements representations and understandings (including any previous versions of these Terms) and constitute the entire agreement between Us and You relating to the Services.

We will retain documentation (including electronic files) for one year from the date the documentation is created. You agree that we have no responsibility to retain the documentation.

Nothing in these Terms prevents Us from providing services to other companies or organisations unless We agree specific in writing with You.

If any term in these Terms is held to be invalid the enforceability of the remainder of these Terms will not be affected.

If a dispute arises the parties will attempt to resolve it in good faith (including mediation).

You may not assign or transfer any rights to any other person without Our approval in writing.

No delay by Us in enforcing any of these Terms shall be deemed a waiver of any of Our rights. A waiver will only be enforceable if it is in writing.

Additional Clauses for On Account Customers

We will agree a volume discount arrangement with you. We will invoice you in advance for the number of tests agreed, at the appropriate discount. These invoices are payable within 14 days of the date of the invoice, unless specifically agreed otherwise with you.

Once you have used all the tests purchased You agree that we invoice for the same number of tests, at the same volume discount. This invoice is payable unless you advise within 5 working days of receiving the invoice. If you no longer want to be billed in advance for tests any additional tests used beyond those already prepaid will be charged at the full undiscounted rate.

Each time you pay an invoice from Us you agree to be bound by Our terms and conditions that apply as at the date of that payment. Those terms and conditions may have changed from the terms and conditions that applied the last time you purchased tests from Us.

You are liable to pay Our accounts on our agreed terms whether or not you have a right of recovery from a third party and whether or not a third party seeks a review of Our charges.

If an account is not paid on the due date we may disable your logon access to the Website. In addition You agree that any volume discounts previously agreed will no longer apply and the full price will be payable for both unpaid tests and any further tests used.

Late payment will incur interest at 2% per month if the account is more than 30 days overdue. Where non payment results in costs for collection You agree to pay those additional costs to Us.