T E R M S  O F  S E R V I C E

By using our service,
you agree to these terms and conditions,
so please read them carefully.

Welcome to AMICO
As part of our service, AMICO NEW ZEALAND LIMITED provides you with information and other services.  All use of AMICO's World Wide Web pages is subject to the terms and conditions set forth below.  It explains your obligations to us and our obligations to you, in relation to your use of our services.  By selecting our services through our online application process or by faxing or mailing such an application to us, you acknowledge that you have read and agree to be bound by all terms and conditions of these 'Terms of Service' that covers any of such services or actions and any pertinent rules or policies that are or may be published by Amico.  The terms "we", "our" and "us" refer to Amico New Zealand Limited ("AMICO").

Information provided
To use our services, you agree to provide certain accurate, complete and current information about you as required by the application process and maintain and update this information as needed to keep it accurate, complete and current.
This information is important to send you notices regarding your company and our services.  You warrant and represent that you have obtained consent from any third party whose personal data you supply to us with regard to the appointment of Company Directors and Shareholders.  We are not responsible for any consequences resulting from inaccurate, incomplete or outdated information or failure to receive consent from such persons provided by you.

Special services
The following terms apply in addition to the other articles in these 'Terms of Service' only if you use the particular service described.  You understand that products and services marked as "optional" on any web site are not critical to the incorporation of a company, and failure to obtain or any delay in obtaining any optional item shall not constitute a breach of the entire registration order, nor shall it give rise to any refund of fees for registration.

Mail reception and forwarding - you agree that only mail will be received by AMICO, and forwarded to your address.  You further agree that they will not advertise or promote, by any manner or method that the primary business location of your company is at our office.  The term "business location" shall be defined as the physical and primary location of business operations including location of principle employees, personnel and business assets.  Any violation shall lead to immediate termination of services.

Registered office service is rendered on an annual basis only, and is renewable subject to then current terms and fees.  You must continuously provide current contact information to us to ensure proper and timely delivery of legal notices to you.  You may not register Internet domain names using the address, telephone number, fax number or any such similar information belonging to us.

Other documents than Certificates of Incorporation are considered optional products or services for the purpose of this 'Terms of Service'.

Fees and payments
As consideration for our services you agree to pay AMICO the applicable fees set forth on this web site and in our service invoices.  All fees are due and payable in advance.  Our services, except the registration service, are for an initial term of one year and renewable thereafter for a successive terms on one year each.  Any renewal is subject to payment of all fees in time and our current terms and conditions at that date.  We will not refund any fees if you or we terminate the services early.

Due to the fact that our incorporation service provide you with a company especially designed to your needs and personalised in your name, we charge you in the event of a cancellation of your order with $50.00, if we have already applied for the reservation of your new company name, or $200.00, if we have received consent forms from the Companies Office in any name stated in your order.

You agree that, if you have paid our services by Credit or Charge Card, you are nonetheless bound as a principal by all terms and conditions herein, including our dispute policy.  You agree not to initiate a dispute or request a chargeback from your card issuer for any cost of service, unless such request follows the disputes provision outlined below, and a copy of our 'Terms of Service' is forwarded to the card issuer together with the complaint you may have.  You further agree that any costs incurred by us to answer and provide any requested documentation to your credit or charge card provider for proof of delivery of your services, will be billed to you at an hourly rate of NZ$100 plus additional expenses.

Limitation of liability
AMICO's liability with respect to any of our services provided and/or for any breach of this 'Terms of Service' is limited to the amount you paid for such service or part of it and will not include any filing fees already paid to the Companies Office.  Under no circumstances, including, but not limited to, negligence, shall AMICO, its subsidiary and license companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, AMICO materials.  We disclaim any and all loss or liability resulting from, but not limited to the loss or liability resulting from registration delays, inability to obtain additional or optional services, acts of God, errors, omissions, or misstatement in any and all information or services provided; or any loss or damage that you may incur due to your credit card refusal to pay any fees, including the initial registration fee or ongoing fees or from the application of our dispute policy.
AMICO will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
If you are dissatisfied with any material, or with any of AMICO's terms and conditions, your sole and exclusive remedy is to discontinue using AMICO.
AMICO may allow you to purchase different types of products and services online that are provided by third parties.  AMICO is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.  You release AMICO and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.

Indemnity
You agree to release, indemnify, and hold us and our agents, employees, directors, shareholders, affiliates and assigns, harmless from all liabilities, claims, damages, costs and expenses, including reasonable lawyer and court fees and expenses.

Service disputes
Any dispute shall cause an immediate suspension of services and suspend the ordering of any service in progress, whether delivered or undelivered.  You agree that once you have received of a copy or faxed copy of the official Certificate of Incorporation in the name of the company you desired to be registered, shall constitute prima facie evidence of fulfillment of our registration service as requested.  You agree that, if you have any concerns about the quality or timeliness of services, that you will wait a minimum of 30 calendar days for documents and products to arrive, before any further formal dispute or measures will be undertaken by you.

Breach
You agree that your failure to abide any provision of this 'Terms of Service', any of our operating rules or policies or your wilful provision of inaccurate or unreliable information as part of the application process, or failure to update your information to keep it accurate, complete and current, or failure to respond for over fifteen calendar days to inquiries from us concerning the accuracy of the contact details associated with your registration may be considered by us to be a material breach and that we may provide you with a written notice describing the breach.  If within fifteen calendar days of the date of such notice, you fail to provide reasonably satisfactory evidence to us that you have not breached your obligations under the 'Terms of Service', then we can terminate our services without further notice.  We will not refund any fees if we terminate the services due to your breach.

Representations and warranties
You agree and warrant that:

a) the information that you provide to us during the application process to register your company name or to apply for our other services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time,
b) to the best of your knowledge and belief neither the registration of your company nor the manner in which you intend to use such company will directly or indirectly infringe the legal rights of a third party,
c) you have all requisite power and authority to execute these 'Terms of Service' and to perform your obligations hereunder, and
d) you are of legal age to enter into this agreement.
You agree that your use of our services is solely at your own risk.  You agree that all of our services are provided on an "as is" and "as available" basis.

Disclaimer of warranties
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  AMICO, ITS SERVANTS, AGENTS, AFFILIATES OR LICENSEES RESERVE THE RIGHT TO REFUSE ANY SERVICE AND DO NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY PUBLICATION DELAY, INACCURACY, ERROR OR OMISSION OR ANY CONSEQUENCES ARISING FROM ANY RELIANCE ON THE INFORMATION PUBLISHED OR NOT.  WHILE ALL DUE CARE AND DILIGENCE HAVE BEEN UNDERTAKEN IN PREPARING THE REQUIRED FILING INFORMATION, WE OFFER NO WARRANTY AS TO THE TRUTH, ACCURACY OR DESCRIPTION CONTAINED WITHIN EACH REQUIRED FORM.

Termination
You agree that we may terminate your contractual right to use our services if the information that you are obligated to provide to register your company or register for our other services, or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your company or to continue to provide you with our ongoing services.  You agree that we may terminate our services, including our Registered Office services, in the event that you use such services for any improper purpose, as determined in our sole discretion.  We will not refund any fees if we terminate the services.  These 'Terms of Service' is effective until terminated by AMICO, at any time without notice.  In the event of termination, the disclaimers and limitations of liabilities set herewith shall survive.

Right of refusal
We, in our sole discretion, reserve the right to refuse to provide services. You agree that we shall not be liable to you for loss or damages that may result from any such refusal.

Other matters
These 'Terms of Service' constitutes the entire agreement between you and us with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral.
AMICO may amend or modify these 'Terms of Service' or impose new conditions at any time.  Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on AMICO's web site.  You agree to periodically review this web site to review the latest terms and services.  If you do not agree with any revision to the 'Terms of Service', you may terminate it at any time.  Any fees paid by you if you terminate your agreement with us are non-refundable.  By continuing to use AMICO's services after any revision to these 'Terms of Service' or change in services, you agree to abide by and be bound by any such revisions or changes.  Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
Your rights under these 'Terms of Service' can not be assigned.  Any attempt by you to assign your rights shall render these 'Terms of Service' invalid at our option.
These 'Terms of Service' shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles or conflicts of law.
If any provision shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these 'Terms of Service' and shall not affect the validity and enforceability of any remaining provisions.

The text of our "Disclaimer page" on this web site is part of these 'Terms of Service'.

Copyright © 1999-2010 Amico New Zealand Limited - All rights reserved.