Terms of Trade
Your access to and use of this site is subject to the following terms and conditions and all applicable laws in New Zealand. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.
The following terms and conditions apply to all trade with Growing Organisations Ltd (GOL) unless otherwise agreed in writing.
1. PAYMENT TERMS
UPSCALE SERVICES: Upscale is “software as a service” and Upscale Workflow Management Fees (WMF) are due and payable in advance by pre-approved automatic deductions from a credit card or debit card. Card details are not held by Growing Organisations but may be stored by a third party provider of payment services, the details of which are provided on this site. The WMF is published on this site and may vary from time to time. Members may be notified of such a change by email. The name “Upscale” or “Growing Organisations” may appear on your credit or debit card statement. This refers to the supply of Upscale services.
OTHER SERVICES AND PRODUCTS: To confirm and hold specific service dates GOL reserves the right to invoice and require advance payment of a deposit of 50% of the applicable fees. In all cases the outstanding balance of fees for the services and products described within the relevant order will be invoiced on or after the date of service. In all cases full payment is due immediately and payable within 14 days of the invoice date, unless otherwise agreed in writing.
DISBURSEMENTS: Expenses incurred in the fulfilment of any order (including but not limited to travel, accommodation, freight/courier or other disbursements) are due immediately and payable in full within 7 days of invoice date.
Payments not received by the due date will be subject to a finance charge of 10% p.a. pro rata. GOL shall retain a security interest in all materials until the full service fees have been paid.
2. CANCELLATIONS & REFUNDS
UPSCALE: Upscale Members may cancel this service at any time by giving notice in writing to GOL either by email directly to: [email protected], or using Contact Us on this site, or by post to GOL’s registered office. Please mark the subject line of your email or the front of your envelope with “URGENT” to ensure our prompt attention to your correspondence.
Upscale cancellations must be received no less than seven days prior to your next payment date to avoid a further payment and corresponding period of continued service. Service will continue until pre-paid periods have concluded. No refunds are given.
OTHER SERVICES AND PRODUCTS: Cancellations must be made in writing (letter or email) and received by GOL prior to the date of service required. GOL reserves the right to charge cancellation fees on the following basis:
0-14 days prior to service date: 100% of Fees and any non-recoverable expenses already incurred.
15-28 days prior to service date: 50% of Fees and 100% of any non-recoverable expenses already incurred
All materials and any incurred project-related expenses will be invoiced and payable in full.
3. PUBLIC SEMINAR SUBSTITUTIONS
WILSON LEARNING INSTRUMENT PROCESSING: Normal instrument processing, where applicable, is included in material fees unless specified in the order. Extra-ordinary instrument processing fees apply as follows:-
(a) For Replacement Instruments without additional processing, a fee of $100.00 will apply.
(b) For Replacement Instruments including additional processing, full fees will apply.
A nominal administration charge of $100.00 may be made for each substitution and, in case of re-profiling, the additional cost of a profile is payable.
5. COPYRIGHT
Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Growing Organisations or its licensors. All trademarks used or referred to in this website are the property of their respective owners.
Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Growing Organisations or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, stored or distributed in any way, without the prior written consent of Growing Organisations Ltd.
Materials supplied by GOL or its associated companies are copyright and cannot be reproduced, transmitted, electronically stored or otherwise dealt with in any way, without the prior written permission of the rights holder. Failure to comply with this term will result in immediate cancellation of supply without refund and may lead to court action.
6. GOL CANCELLATIONS
Growing Organisations may at its sole discretion cancel supply of any services offered in this site at any time. In the event that GOL or any of its suppliers cancels its services or supply, the client will be offered a suitable alternative. If no suitable alternative can be offered GOL will provide a full credit or refund of any fees paid for supplies not yet delivered but not including Upscale services.
In the event that GOL cancels its supply of Upscale services notice will be given to Upscale Members by email to the address provided in their Account details in this site. The terms of the cancellation will be outlined in the notification and no further payments will be charged after the date of termination.
7. GOODS AND SERVICES TAX
New Zealand Goods & Services Tax may be applicable to charges. Tax Receipts are issued to all customers.
Our full terms and conditions of site use may be viewed here.
Last updated: July 2014.