1.1 The Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by ILT to the Customer.
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by ILT to the Customer in respect of the Services supplied.
2.2 Time for payment for the Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due on delivery of the Services.
2.3 Unless otherwise stated the Price does not include GST (Goods and Services Tax). In addition to the Price the Customer must pay to ILT an amount equal to any GST ILT must pay for any supply by ILT under this or any other agreement for the sale of the Goods/Services. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
3. Default & Consequences of Default
3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at ILT's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.2 If the Customer owes ILT any money the Customer shall indemnify ILT from and against all costs and disbursements incurred by ILT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, ILT's collection agency costs, and bank dishonour fees).
3.3 Further to any other rights or remedies ILT may have under this contract, if a Customer has made payment to ILT, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ILT under this clause 3 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer's obligations under this contract..
4.1 All emails, documents, images or other recorded information held or used by ILT is Personal Information as defined and referred to in clause 4.3 and therefore considered confidential. ILT acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (the Act) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area EEA under the EU Data Privacy Laws (including the General Data Protection Regulation (GDPR) (collectively,EU Data Privacy Laws). ILT acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customers Personal Information, held by ILT that may result in serious harm to the Customer, ILT will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.
4.2 Notwithstanding clause 4.1, privacy limitations will extend to ILT in respect of cookies where the Customer utilises ILT's website to make enquiries. ILT agrees to display reference to such cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customers:
(a) IP address, browser, email Customer type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to ILT when ILT sends an email to the Customer, so ILT may collect and review that information (collectively Personal Information).
4.3 The Customer authorises ILT or ILT's agent to:
(a) access, collect, retain and use any information about the Customer;
(i) (including, name, address, D.O.B, occupation, driver's license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer's creditworthiness; or
(ii) for the purpose of marketing products and services to the Customer.
(b) disclose information about the Customer, whether collected by ILT from the Customer directly or obtained by ILT from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
4.4 Where the Customer is an individual the authorities under clause 4.3 are authorities or consents for the purposes of the Privacy Act 1993.
4.5 The Customer shall have the right to request ILT for a copy of the information about the Customer retained by ILT and the right to request ILT to correct any incorrect Personal Information about the Customer held by ILT.
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