1. GLOSSARY OF TERMS

1.1. bookedandpaid means: B&P SYSTEMS LIMITED

1.2. "Services" means: Provision of access to any kind of software, databases, data, information and all other material. Ancillary services including, but not limited to, reception of and transmission of data, supply and/or installation of hardware, software, electronic storage, helpdesk or consultancy services.

1.3. "GST" is the Goods and Services Tax under the Goods and Services Act 1985.

1.4. "User" includes bodies corporate or unincorporated, partnerships, trusts, local or public authorities and any other entities or combinations thereof. Where a pronoun is used in this document, it should be read to include "he", "she", "his", "her", "hers" or "its".

2. THIS AGREEMENT

2.1. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AT ANY TIME YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES and must send notice of account cancellation in writing to bookedandpaid. The user remains liable for any applicable charges incurred to that time. No penalty will apply to such cancellations except as otherwise specified in these Terms and Conditions.

2.2. bookedandpaid reserves the right to modify the Terms and Conditions, the services or the fees charged for any of its services at any time.

2.3. bookedandpaid will give existing customers at least 30 days notices of any changes to its fees or services by sending an email message to their email address as recorded on file. The user acknowledges that it is their responsibility to keep us updated of any change of email address and to read the updated Terms and Conditions upon receipt of such message.

2.4. A notice will also be placed in the 'System News' for 7 days from first notice of the new Terms and Conditions.

2.5. bookedandpaid current rates and charges may be obtained from our web pages or by contacting bookedandpaid.

2.6. Each part of these Terms and Conditions is severable from the remainder and if any part is proven illegal, void, invalid or unenforceable - the legality, effectiveness and validity and enforceability of the remainder of these Terms and Conditions still applies.

2.7. Business and Domestic Use - Consumer Guarantees Act 1993. These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for purpose of a business (as defined in the Consumer Guarantees Act 1993), then the Act applies and nothing in these terms or conditions limits your rights under it.

3. LIABILITY

3.1. Neither party is liable to the other for failing to meet is obligations under the Agreement to the extent that the failure was caused by an act of God or other circumstance beyond its reasonable control.

3.2. Except to the extent that the Consumer Guarantees Act 1993 applies for non-business users, you agree that bookedandpaid shall not be liable for any damages whatsoever, including but not limited to, loss of profits, for any claim made by you even though bookedandpaid may have been notified of such damages or claim.

3.3. For any claims that you may have in connection with this agreement, your sole and exclusive remedy against us is limited to the maximum of one months charge with us.

3.4. Except as specifically outlined herein, we make no warranties or conditions, express or implied, including the implied warranties or conditions of merchantability, quality and fitness for a particular purpose relating to our service or the service of any other service provider. Further we disclaim any liability or responsibility arising from any claim that your access or use of the service or any other provider's service or products infringes any third party's intellectual property rights.

3.5. You agree that these people are not liable to you in relation to our services:

• Our employees, contractors, officers and agents
• Any network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).

4. SUBSCRIBING TO OUR SERVICES

4.1. You must be at least 18 years old to register for this service.

4.2. bookedandpaid reserves the right to refuse subscription to any services without giving a reason for such refusal.

5. PAYING FOR OUR SERVICES

5.1. Under these terms and conditions you agree to pay for all the services that we provide to you and charge to your account (even if someone else uses those services; such services will be treated as having been used by you) by the due date shown on your bill.

5.2. The billing cycle for our Hosting Services is from the 19th of each month to midnight 18th of the following month

5.3. bookedandpaid will regularly issue the user a tax invoice (either electronically or on paper) for use of the services.

5.4. All invoices are due within 7 days and are payable by Cheque, Credit Card or Direct Debit.

5.5. Some charges may be billed one month or more in advance or arrears.

5.6. Any plan changes must be made before the 18th of every month.

5.7. bookedandpaid reserves the right to restrict or suspend service for non-payment.

5.8. Credit will not be given for periods where access to the service has been limited resulting from non-payment. Additionally - the client agrees to pay any legal, debt collection and/or processing fees should this prove necessary.

5.9. Any hours or data usage that you do not you use as specified in your pricing plan with in the relevant billing period cannot be accumulated, nor can you claim a refund from us.

5.10. Please contact Customer Services if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill. If we have found that there is no mistake and the due date for the bill has already passed, you agree to pay the bill straight away. If you have not contacted us before the due date shown on your bill, then you agree to pay the full amount.

5.11. If your account is overdue we may:

• Suspend any or all of the services that you have asked us to provide;
• Charge you any temporary disconnection and or reconnection charge;
• Continue to charge you any recurring monthly charge applicable for those services during the period of suspension, until such time as you provide notice of your intentions to withdraw from using our services 30 days from the date of notification.

5.12. If you fail to pay your account on time and should an out sourced agency be required to recover any outstanding monies, you agree to pay all charges including, but not limited to: collection fees; legal fees; and any cost incurred by bookedandpaid in recovering this sum.

6. CREDIT

6.1. bookedandpaid may from time to time require the user to provide credit references. The user irrevocably agrees that bookedandpaid may make any enquiries deemed necessary to provide or to continue to provide the user with credit facilities.

6.2. You agree that we may pass on information about you to third parties so they can run credit checks on our behalf.

6.3. Services may be terminated without notice if in bookedandpaid sole opinion the user becomes a credit risk.

6.4. The user is entitled to see, and to correct, any credit information held by bookedandpaid about the user.

6.5. You may have to pay us a deposit before you can use, or continue to use, our services. We will notify you when this is required.

7. YOUR RESPONSIBILITIES

7.1. Users must make sure that all information you give us about yourself is correct.

7.2. You agree to notify us immediately of any change of your address, phone number or preferred contact email address.

7.3. Users are not permitted to involve themselves in any actions that may be deemed "Hacking".

7.4. You agree that you have not received any warnings, had your account suspended / closed or had an account declined by any previous Internet access point you have used.

7.5. You will be responsible for protecting your computer against any virus, unauthorised access and spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection on top of email spam and virus protection. We accept no liability in relation to any virus, unauthorised access or spam experienced by you.

7.5. General guidelines and repercussions can be found under 'Acceptable Use Policies' in this section.

8. USE OF SERVICES

8.1. Your password and connection is for use only by you and the immediate household members/company.

8.2. Passwords are under your control and unauthorised use, including any charges associated with that use, is entirely your responsibility. However, if you can produce sufficient evidence that someone has accessed your account from outside your household/company we can investigate. There is a minimum fee for this service of $60.00, which may be refunded provided the following conditions are met:

• Criminal charges can be laid on the individual that accessed your account.
• You can prove you took reasonable efforts to maintain confidentiality of your username and password.

8.3. It is illegal to view certain types of information (notably certain types of pornographic material) in New Zealand. Users of bookedandpaid may not break any laws while using the services. The availability of such material on the Internet is beyond bookedandpaid control. Please see 'Product Specific Terms' for more terms related to the use of our services.

9. PRIVACY

9.1. During the operation of an Internet system, it is occasionally necessary to monitor information. bookedandpaid reserves the right to monitor any traffic through the system.

9.2. Information may be recorded electronically - including but not limited to Caller ID, Duration of call, amount of data transferred and any relevant personal details.

9.3. All customer information will be kept in accordance with the New Zealand Privacy Act 1993.

9.4. Information disclosure may be made by bookedandpaid to satisfy laws, regulations or governmental requests; to operate the Service properly; to protect itself or its members or to enhance services that we provide. We may monitor or record calls to customer services for training purposes and to improve service quality.

9.5. You can at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

9.6. You agree that we can collect information about you (such as your home address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will ask you for this information or we will obtain it from our records. You agree that all the information you give us is correct and compete. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including, but not limited to:

• complete credit checking
• provide services to you
• administering your account;
• recover overdue accounts
• keep you informed about our services
• looking at ways in which we can improve our services
• sending you bills

9.7. You agree that we can use the information we have collected about you to keep you informed about services offered by bookedandpaid and our carefully selected business partners, unless you have told us that you do not want to receive this information.

10. ENDING THE AGREEMENT (AND INDIVIDUAL SERVICES)

10.1. Either party may terminate the contract upon the supply of one month written notice.

10.2. If you request cancellation, the process is considered complete upon the receipt of a confirmation from bookedandpaid.

10.3. Upon termination of the user's access to the services, all payments due by the user to bookedandpaid under these Terms and Conditions will be immediately due and payable, and the user agrees that any such monies will be paid to bookedandpaid immediately upon demand.

10.4. No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.