Terms Of Trade

1        Definitions

1.1. “Contract” means the terms and conditions contained herein, together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.

1.2. “Centive Technologies” means Centive Technologies as a Comapny entity, its successors and assigns or any person acting on behalf of and with the authority of Centive Technologies. Centive Technologies may also be referred to as the “Internet Service Provider” or “ISP”, “Us”, “We”, “Our”, “Centive” or “CTL” in this document.

1.3. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Centive Technologies to provide Goods and/or Services as specified in any proposal, quotation, order, invoice or other documentation, and:

  • If there is more than one Client, is a reference to each Client jointly and severally; and

  • if the Client is a partnership, it shall bind each partner jointly and severally; and

  • if the Client is a part of a trust, shall be bound in their capacity as a trustee; and

  • includes the Client’s executors, administrators, successors and permitted assigns.

The Client may also be referred to as “you” in this document.

1.4. “Goods” means all Goods (including, but not limited to, IT Devices and/or equipment and/or parts for the purposes of device repairs) or Services supplied by Centive Technologies to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.5. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), proof or purchase details, security information (including, key locations, alarm codes, passwords, etc.) and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.6. “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods and Services as agreed between Centive Technologies and the Client.

1.7. “privacy policy” shall mean our privacy policy posted on the site;

2. Acceptance 

2.1. By placing any order for goods or services, either written, verbally or by other means, the Client accepts and agrees to be bound by these terms of trade without limitation or qualification.

2.2. Centive Technologies may revise these terms and conditions from time to time and may not give you notice. We therefore advise that you read these terms and conditions carefully when making an order for goods or services or submit any information to us. 

2.3. Any instructions or order received by Centive Technologies from the Client for the supply of goods or services shall constitute acceptance of these terms and conditions.

2.4. The terms set out in any form of communication made by anyone on behalf of Centive Technologies to the Client override these terms and conditions if there is any inconsistency between them.

3. Price

3.1. Where no price is agreed upon in writing or orally, Goods and Services provided to the client will be charged at Centive Technologies’ current rate for those Goods and Services.

3.2. The price of any Goods and/or Services may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond our control between the date of the order and the date or supply of the goods and services.

3.3 All prices advertised or otherwise are GST exclusive unless otherwise specified.

4 Payment 

4.1 Centive Technologies may require a deposit from the Client prior to supplying any goods or services. We may withhold any goods or services until the deposit has been paid.

4.2 Payment for goods and services shall be made by the Client in full on or before the due date either agreed upon orally, or specified on the applicable invoice. 

4.3 Any overdue invoice is subject to the late payment terms specified on the applicable invoice, if no terms are specified, the invoice will default to the terms laid out in clause 4.3.1;

4.3.1. ​​Overdue Invoices are subject to a service charge of 10% (Ten Percent) of the amount outstanding, in addition to any collection fees incurred during the process of recovery of the amount.

4.4. If the Client chooses to use a credit card, Stripe, or any other payment service offered by Centive Technologies as a means of payment to pay an invoice, we may charge the Client a fee in addition to the invoices total.

4.5. Interest may be charged on any amount outstanding after the due date on any amount which is more than seven (7) days overdue at a rate of 10%

4.6. Should the Client fail to pay any invoice(s) by the due date then the Client shall be liable for any costs or expenses incurred by the late payment. The client will also be liable for any expenses incurred in the recovery or attempted recovery of the total of the unpaid invoice(s) (including legal costs on a solicitor-client basis).

4.7. Centive Technologies may withhold the provision of any goods or services to the Client until the amount outstanding is paid.

5. Ownership and Risk

5.1. All Goods provided to the Client will remain under the ownership of Centive Technologies until paid for by the Client regardless of the premises in which the Goods reside.

5.2. The risk of any loss or damage to any goods sold, or deterioration of the goods, due to any cause whatsoever shall pass to the Client upon delivery. If the goods remain on our premises owing only to the failure by you to accept the goods or at your request, those goods shall be held at your risk. 

5.3. Where applicable, all goods and services supplied by Centive Technologies shall remain as configured by Centive Technologies, the reconfiguration of supplied goods and/or services before they are paid for in full, will be a violation of these terms and Centive Technologies will take action if necessary.

6. Security Interest

6.1. We will supply goods to the Client on the basis that we have a purchase money security interest as defined in the Personal Property Securities Act 1999 in those goods.

6.2. If payment for goods is overdue in whole or in part we may repossess and resell or retain the goods and may for that purpose enter your premises or any other premises upon which the goods are situated at any time, without notice and without being in any way liable to you or any other person or entity.

6.3. If you dispose of any of the goods before payment is made in full, you shall hold the proceeds of sale in trust for us.

7. Limitation of Liability

7.1.        You acknowledge and agree that:

a) To the maximum extent permitted by law, we shall not be responsible or liable, whether in contract, tort, negligence or otherwise, for any loss of damage of any kind whatsoever, including, without limitation, interruption of business, access delays or data mis-delivery or destruction incurred by you in your use of the services and goods. 

b) To the maximum effect permitted by law, we shall not be in any way liable for any direct, indirect, incidental, special or consequential damages incurred by you or any third party arising from any access to, reliance on or use of the services and goods;

c) So far as the law permits, all conditions and warranties on our part which might be implied in relation to the supply of the goods and services are excluded;

d) You have acquired the goods and services for business purposes and nothing in the Consumer Guarantees Act 1993 will apply to the supply of goods and services to you.

e) To the maximum extent permitted by law, any reconfiguration of goods and/or services supplied by Centive Technologies will remove Centive Technologies and their suppliers from any form of warranty and/or guarantee

8. Indemnity 

8.1. You indemnify us, our directors, employees against any actions, proceeding, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of the provision of goods and services by us to you or any breach of these terms and conditions by you. 

9. Privacy

9.1. Please read our privacy policy so that you understand how we collect, use and store information about you. 

9.2. You agree that we may disclose information we hold about you to credit reporting and/or debt collection agencies, as necessary to recover any amount you owe us. You also agree that we may obtain information about your credit history from appropriate agencies.   

10. General

10.1. These terms and conditions shall be binding on the legal representatives, assignees and successors of both parties.

10.2. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 

10.3. No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions. 

10.4. Any CCTV/Camera products (Including Camera Equipped Doorbells) supplied by Centive Technologies will not be actively monitored. Centive Technologies will be alerted by the Hardware for any faults, and Centive Technologies will contact the Client accordingly. If the Client wants their cameras actively monitored, Centive Technologies will provide credentials to the Client’s chosen Security Company on request, in addition to the Client’s own Credentials.