Table of Contents
- 1. Definitions and Interpretation
- 2. Appointment
- 3. Responsibilities of Pulse
- 4. Relationship between the Parties
- 5. Payment
- 6. Confidentiality
- 7. Liability
- 8. Force Majeure
- 9. Dispute Resolution
Download Standard Terms in PDF format
Pulse will invoice the Customer for the Services provided in the previous calendar month within 7 Working Days of the end of that month.
The Customer will pay Pulse the Service charges invoiced (plus GST) by the 20th day of the month following that which the Services were provided.
All monetary amounts are expressed in New Zealand dollars and shall be exclusive of goods and services tax (“GST”) payable pursuant to the Goods and Services Tax Act 1985.
If the Customer disputes the payment of any invoice or part thereof, the Customer will pay any undisputed part of the invoice and the dispute will be resolved in accordance with clause 9.
Each party (“Obligor”) undertakes with the other party that it shall preserve the confidentiality of and shall not directly or indirectly reveal, report, publish, disclose or transfer Confidential Information except in the circumstances and to the extent set out in clause 6.3.
The parties shall procure their respective employees, agents, and contractors who from time to time have access to any information the subject of clause 6.1 are bound by an obligation of confidence.
The Obligor may disclose Confidential Information in the following circumstances:
- where at the time of receipt by the Obligor the Confidential Information is already in the public domain; or
- where after the time of receipt by the Obligor the Confidential Information enters the public domain, except where it does so as a result of a breach by the Obligor of its obligations under clause 6.1 or a breach by any other person of an obligation of Pulse Business Solutions – Standard Terms – Effective 1 January 2008 – 2 – confidence to the party which is not the Obligor and the Obligor is aware of such breach; or
- where the Obligor is required:
- by any statutory or regulatory obligation, body or authority; or
- by any judicial or arbitration process; or
- by the regulations of any stock exchange upon which the share capital of the Obligor or the other party (or either of their holding company) is from time to time listed or dealt in.
Each party hereby indemnifies the other against all claims, damages, penalties or losses (including all reasonable costs) which the other party incurs as a result of:
- a party failing to comply with its obligations under these Standard Terms; or
- any act or omission by a party or any person for whom that party is responsible in relation to the provision of the Services.
Each parties liability to the other (excluding the value of payments due under these Standard Terms) shall be limited to the value of the charges for Services made under these Standard Terms in the preceding 12 month period.