Terms & Conditions

6. Proof Reading:

6.1 Every care will be taken by Datapath Digital to carry out the instructions of the Client, it is the Client’s responsibility to undertake a final proof reading.
Datapath Digital will be under no liability whatever for any errors not corrected by the Client in the final proof reading. Should the Client’s alterations require additional proofs this may be invoiced as an extra in accordance with clause 3.
7. Copy:
7.1 The Client acknowledges that all Copy supplied to Datapath Digital is subject to the approval of Datapath Digital.
7.2 The Client warrants that all Copy supplied to Datapath Digital to be used for the provision of the Services shall:
(a) be true and correct; and
(b) does not contain Prohibited Content; and
(c) does not contain anything that is defamatory of any person or is indecent or obscene; and
(d) complies with all laws, regulations, codes of practice, guidelines and any standards applicable to the advertising industry; and
(e) does not infringe copyright, trademark or any other legal rights of another person and/or entity; and
7.3 The Client indemnifies Datapath Digital at all times against all actions, proceedings, claims, demands, liabilities and all costs, losses, losses of profit, damages and expenses whatsoever that may result from the Client being in breach of clause 7.2.
8. Title:
8.1 Datapath Digital and the Client agree that the ownership of any Goods remains with Datapath Digital until:
(a) the Client has paid Datapath Digital all amounts owing to Datapath Digital for the Services; and
(b) all other obligations due by the Client to Datapath Digital are met.
9. Confidentiality:
9.1 Datapath Digital and the Client acknowledge that in performing this Contract, there may be some exchange of confidential and/or proprietary information. The use of any confidential information is only permitted to the extent necessary to perform the obligations under this contract.
Confidential information will not be disclosed to any third party without the prior written consent of the other party, unless required by law to do so.
10. Cancellation:
10.1 Datapath Digital reserves the right to cancel these terms and conditions or cancel delivery of Services at any time before the Services are delivered, by giving written notice. Any deposit paid will be refunded, however Datapath Digital will not be liable for any loss or damage whatever to the client arising from such cancellation.
10.2 At Datapath Digital’s sole discretion the Client may cancel delivery of the Services. If the Client cancels delivery of the Services the deposit will be refunded, less any costs incurred by Datapath Digital up to the time of cancellation.
10.3 The Client may cancel delivery of Marketing Services by providing a minimum of 4 weeks’ written notice to Datapath Digital.
11. Default and Consequences of Default:
11.1 At Datapath Digitals discretion interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month (and at Datapath Digital’s sole discretion such interest shall compound monthly at that rate ) after as well as before any judgment.
11.2 If the Client owes Datapath Digital any money the Client shall indemnify Datapath Digital from and against all costs and disbursements incurred by Datapath Digital in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Datapath Digital’s collection agency costs, and bank dishonour fees).
11.3 If payments are not received according to the conditions set out in section 2 of this contract, Datapath Digital reserves the right to stop work and pause accounts and campaigns until full payment is made and all invoices are settled in full.
12. Privacy Act 1993:
12.1 The Client authorises Datapath Digital or Datapath Digital’s agent to:
(a) access information about the Client for assessing the Client’s creditworthiness
12.2 Where the Client is an individual the authorities under clause 12.1 are authorities or consents for the purposes of the Privacy Act 1993.
13. General:
13.1 These terms and conditions and any contract to which they apply is governed by the laws of New Zealand and subject to the jurisdiction of the Tauranga District Court of New Zealand.
13.2 Datapath Digital will not be liable to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Datapath Digital of these terms and conditions.
13.3 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Datapath Digital nor to withhold payment of any invoice because part of that invoice is in dispute.
13.4 Datapath Digital may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
13.5 The Client agrees that Datapath Digital may amend these terms and conditions at any time.
13.6 Neither party is liable for any default due to issues outside the reasonable control of either party, or failure or outage of any telecommunications links or other connections forming part of the Internet which are beyond the reasonable control of either party.
13.7 The Client warrants they are not insolvent and they have obtained all necessary authorisations to allow it to enter into this agreement and that this agreement creates binding and valid legal obligations on it.