by seller_bot | Dec 10, 2017 | Uncategorized
Have you been building email lists for more than six months? Then you’ve got some ‘dead’ subscribers on your list.
They’re not opening your emails. They’re not paying attention to you. Frankly, they don’t even remember who you are.
So now you’ve got two choices… …either remove them from your autoresponder… …or win them back.
I don’t advocate removing subscribers until you’ve done everything in your power to get them back in your fold, opening your emails and hopefully buying your offers. After all, getting subscribers isn’t all that easy. It takes either work, money or both.
So why not put a little effort into winning those subscribers back?
Done correctly, it can pay off BIG time. First, we’re going to start off by re-engaging them. If that doesn’t work, we’ll try winning them back. And finally, when they act on one of our emails, we’ll send them a welcome back email.
Let’s get started: How To Bring Your Email Subscribers Back From The DEAD
Your Re-Engagement Email Series
You decide when to initiate this series – after they haven’t opened an email from you in 30 days? 60? 90? 180?
It’s up to you.
For purposes of our example, we’ll use 30 days.
This email is subtle and doesn’t harp on the fact that they haven’t opened an email from you in over 30 days. And we’ll place something in the P.S. to encourage their re-engagement.
Subject Line: Knock, knock… [Hello… are you there?]
Did you know it’s been awhile since you opened or clicked on one of my emails?
I thought I’d better check in on you because you’ve sadly missed some really cool stuff in the last 30 days. It’s okay, I made you a list of what’s been happening…Check it out:
[Insert your bulleted list of blog posts, videos and so forth from the past 30 days. Make it ENTICING, with bullets that raise plenty of curiosity.]
I know with how busy you are. It’s hard to stay on top of things, but you subscribed to this newsletter to get the latest news and updates on… [Insert known benefits, desired end results, etc.] …so you will please forgive me if I give you the occasional “poke” just to make sure you haven’t somehow slipped through the cracks. :)
I don’t want to leave anyone behind, especially you.
Talk soon, [NAME]
P.S. I know that [problem, challenge, etc.] is something you and I struggle with, so as an added gift I thought you’d like to see my favorite [problem, challenge, etc.] resources of all time:
[LINK TO RESOURCES]
I think you’ll find #4 especially surprising – I know it did [benefit] for me.
What’s going on in this email?
You’re letting them know they are MISSING OUT. Then you go on to use some really enticing bullets that make them think, “Holy crap, I’ve missed some good stuff!”
You can add links to each item in your bullets, or add a single link to your blog, or… It’s up to you.
The goal here is to show them that they need to OPEN your emails or they will be missing out. In the P.S., we’re giving them another reason to click (freebie time!) and we’re enticing them even further with that last sentence.
Raise enough curiosity and they HAVE to click it.
[NOTE: I like to send the above email TWICE to those who did not open it the first time. Send it the first time, wait 12 to 48 hours (your choice) and then send it again to everyone who didn’t open it the first time.]
[Second NOTE: This brings up a good point… if you’re not sending out emails a second time to people who didn’t open your email the first time, you are, in my opinion, BLOWING IT.
People are busy. They don’t see the email the first time, or they don’t have time right then to look at it. 12 hours later, 24 hours later, that email is so far down in their inbox that they don’t even see it anymore.
So go ahead, send an email a second time if they don’t open it the first time. This tip alone can substantially increase your income – bank on it.]
Send this one about 2 days after the previous email but only if they didn’t open the previous email.
Subject Line: Wait… Did I goof?...
It’s me again and I gotta know… …is this your best email address?
It’s been over 30 days since you’ve opened or clicked on a link in one of my emails, and I’m starting to think that you’ve moved on... Or I’ve got the wrong address… Or maybe I goofed up…
I’ve created a BUNCH of awesomeness for you over the last month. In fact, I’ve been thinking about you nearly every day, and how you want to [insert reason they’re on list]
And I’ve been gathering the latest news, tips, breaking announcements, etc., for you, and now I feel bad... Because you haven’t seen any of it.
Either this isn’t your best email address, in which case, please take a second to update your contact info to the best and most current address… …you know, the one you actually check every day. :) [
LINK TO UPDATE CONTACT RECORD PAGE]
Or you’ve simply been too busy to notice what’s happened in the last 30 days… [
List of enticing bullets with links]
Talk soon, [NAME]
P.S. Do me a favor… please? Just click on at least one of these links above to show me you’re alive and that you still want to [insert goal] Thanks!
What’s going on in this email? Guilt. Lots of guilt, because we are thinking about them and their problem and we’ve done all this work to help them and they aren’t even opening our emails! ?
Send this one about 2 days after the previous email but only if they didn’t open the previous email.
Subject Line: Are you….. stuck?
There are lots of things in this [industry/business/world] that can get us stuck…
So what has you stuck?
Tell me here: [LINK TO SURVEY] …so I know that I’m delivering the right kind of content to you.
Seriously, it’ll take less than 30 seconds and it will truly help me to help you.
It’s literally just one question (one!)… …and if you help me out, I’ll reward you with something cool on the other side.
So cool. So ULTRA COOL but I can’t tell you what it is, because it is ONLY for people smart enough to click the link and answer the question. People like you.
Here’s that link again: [LINK TO SURVEY]
Thanks in advance, [NAME]
What’s going on in this email? We’ve switched from guilt to a survey to encourage interaction.
Don’t get stressed about what question you’re going to ask. What’s important here is they engage, so please ask them something fun or interesting or both.
Keep it short and simple and easy. On the thank you page following the survey, you can give them a product discount (make it a SIGNIFICANT DISCOUNT) or anything else you like.
I like to give them a choice of 3-5 free reports. They are all on different topics, they all have great headlines, and the subscriber can only choose ONE.
This shows me what else they’re interested in, and puts them on a new mailing list for that topic.
Send this one about 2 days after the previous email but only if they didn’t open the previous email.
Subject line: I need your help…please
I’m burning the midnight oil to produce a new series for you, but I want to make sure I’m covering the topics that YOU are most interested in.
Will you go here and let me know if I’m on the right track?
[LINK TO SURVEY]
If you do, you’ll not only help shape the content I send you each week…
I’ll also have a little “thank you gift” waiting for you on the other side.
I’m hoping you will do it now while it’s fresh on your mind.
[LINK TO SURVEY]
It’ll take less than 30 seconds (literally!!) and I will be forever grateful.
Thanks much, [NAME]
What’s going on in this email? This is the second email in the survey campaign. As you can see it’s essentially the same offer, just positioned more as an “I need help” message than the first email.
<<<<<>>>>>All subscribers that haven’t clicked on a link through your entire Re-Engagement Series should be placed in the following Win-Back email series. <<<<<>>>>>
Your Win-Back Email Series At this point the re-engagement series has ended, so if your subscriber still hasn’t responded, then it’s time to turn up the heat.
This first email offers a “mystery gift” if they click on the link. You could also tell them what the gift is, if it’s perceived as being highly valuable and sought after.
Your “gift” can be anything… a video… a special report… a product… anything your prospect will see as valuable.
[NOTE: At this point you don’t want to simply offer a discount or a free trial offer, because it’s not seen as highly valuable. There should be no strings attached to the gift you’re offering, or it will lose its power.]
Also, you’ll want to setup a special page where you will deliver this gift.
Don’t send them to some random download page, it’s not personal enough. You want to acknowledge the fact that they took this step. Show them appreciation for re-engaging with you after being “gone” for so long.
When they arrive on the “free gift” page, make them feel loved and appreciated, like they were truly missed. It might sound cheesy but it really works.
NOTE: In the emails below, where ever it says “Click this link” or “click the link”, those words should be clickable.
Win-Back Email #1
Send this email about 3 days after the previous email (but only if they didn’t open the previous email.)
Subject Line: Whoops! …Was it something I said?
There’s just no easy way to say this… …so I’m going to just come right out with it…
I miss your smiling face, and I loved it when you clicked “open” on my emails.
But that hasn’t happened in a while, and I want you back…
So here’s what I’m willing to do… If you click on the link below:
This one --> LINK TO MYSTERY GIFT PAGE …
I’ll give you a mystery gift worth [INSERT RETAIL VALUE OF GIFT].
More importantly, by clicking on this link you’ll be telling me that you’re still alive and interested in receiving juicy news and hot tips from me. :) And just so you’re aware, I have setup my email system to automatically remove you if I don’t see any activity from your email account in the next few days.
I know that sounds a little harsh, but I just don’t want to send breaking [niche] news out to folks who aren’t reading or getting value from it.
So again… CLICK THIS LINK: LINK TO MYSTERY GIFT PAGE
Not only will you have a cool gift waiting for you on the other side… …you’ll also reactivate your subscription.
That means even more great stuff will be coming to you in the weeks and months to come.
See you on the other side, [NAME]
Win-Back Email #2
Send one day after the previous email – we’re picking up the pace.
Remember, the gift can be a mystery or you can specify what it is.
I’ve found that if it’s a truly high value gift, then telling them gets a better response than saying “mystery gift.” But of course, your results could vary.
(Hint: That means you might want to test it ?)
Subject Line: Re: Claiming your “mystery gift”…
Did you get the email I sent yesterday about your “mystery gift?”
[LINK TO MYSTERY GIFT PAGE]
Here’s the deal… It’s been A WHILE since you’ve clicked on any of my emails (those are real tears, by the way.) Because I want to see if the email address I have for you is still a valid email address,
I’m attempting something a bit odd… …Bribery.
I’m offering you something extremely valuable for literally just clicking on this link: [LINK TO MYSTERY GIFT PAGE]
That’s it…just click the link! If this is still an active email address (and you’re still interested in [niche]) then I have every hope that you will click the link. If you’re no longer interested, just keep doing nothing and I’ll sadly send your gift to someone else.
But I hope that’s not the case… …because I kind of like having you around. ?
So let’s stay together… …just click this link: CLICK HERE --> [LINK TO MYSTERY GIFT PAGE]
And I’ll happily see you on the other side. (I’m the one holding the great big gift wrapped package with your name on it!)
All the best, [NAME]
Win-Back Email #3
Send 1 Day After Previous Mail This is more of the same, but note how we’re starting to countdown to unsubscribe in the P.S.
Subject Line: Am I still welcome in your inbox?
I've noticed you haven't opened any of my emails in a while. This makes me wonder... Am I bothering you?
Are you not getting the value you expected? Or are you receiving too few messages? Or maybe too many?
Whatever it is, I hope you still want to hear from me…
If you want to keep receiving these updates, you need to click the link below:
LINK TO MYSTERY GIFT PAGE
It will lead you to a special mystery gift. No purchase, registration or anything like that required.
I hope you click it. ?
All the best, [NAME]
P.S. If your account doesn’t register a click in the next 48 hours, I’m going to go ahead and unsubscribe you from this list. It’s not that I don’t want you here, but it’s been almost 6 weeks since you’ve shown any interest in the emails I’m sending you. Sooo…. The ball is in your court – click the link and I’ll happily see you on the other side.
Win-Back Email #4
Send 1 Days After Previous Mail We’re still offering the mystery bonus, but it’s no longer the emphasis of the email. At this point it’s all about “click or unsubscribe”.
Subject Line: oh-oh… Should we unsubscribe you?
I don’t want to keep bothering you with emails, but I don’t want to completely cut you off, either… CLICK THIS LINK to let me know you want to keep hearing from me… …or click the “unsubscribe” link at the bottom
No hard feelings, either way…I know that interests can change over time.
The last thing I want to do, though, is be another gal cluttering up your inbox, so if you don’t click on this link:
LINK TO MYSTERY GIFT PAGE …
I’ll assume you are no longer interested in hearing from me and remove you from our list.
(Selfishly, I hope you click the link.) T
alk soon, [NAME]
P.S. I almost forgot… If you do click the link you’ll find something pretty cool waiting for you on the other side. Just sayin’ ?
Win-Back Email #5
Send 1 Day After Previous Mail This is the final email in this win-back series.
Subject Line: Is this goodbye?
Unfortunately, today is the day… I need you to confirm that you still want to receive emails from me by clicking this link: LINK TO MYSTERY GIFT PAGE
…or you will be removed from our mailing list in 24 hours. (Sorry if that comes off sound harsh, but I really only want to mail people who actually want to hear from me.)
Originally you subscribed to my newsletter because you wanted [insert known benefits and desired end results], but if that’s no longer the case I understand.
Interests change… Priorities change… People change…
If your interests and priorities have changed, no hard feelings. Just unsubscribe using the link at the bottom of this email and I won’t bug you anymore. But if you are still interested in [insert known benefits and desired end results] and I simply slipped through the cracks somehow, you need to TAKE ACTION TODAY.
It’s simple… Just CLICK HERE and your subscription will automatically be reactivated.
(There may also be a little gift waiting for you on the other side, but you’ll have to click to see what it is.) ?
Talk soon (hopefully), [NAME]
Welcome Back Email
Send this mail when someone is re-engaged or won back.
Subject Line: Welcome back!
Thank you for updating your information…
I’m thrilled to have you as an active member again!
Here’s a link to some of the content you missed while you were on your “hiatus”:
[Insert bulleted list of most popular blog posts, reports, videos, infographics, etc from the past 30 days…]
…and here’s a “mystery gift” I want you to have to further welcome you back into the fold:
LINK TO MYSTERY GIFT PAGE
Finally, since email is less than perfect, make sure you’re also following us on Facebook and Twitter just to be sure you never miss out again:
LINK TO FACEBOOK PAGE LINK TO TWITTER PAGE
Again, it’s good to have you back. :)
Talk soon, [NAME]
A couple of last points about this series…
MODIFY it to suit your needs.
Your emails should reflect you, and your personality and that of your company and products, so don’t be afraid to modify these as you see fit.
We used 30 days as an example, but you can use this series anytime you like. Personally, I use a similar series after 60 days of someone not opening my emails. Despite what some marketers will tell you, there are no hard and fast rules of how to word an email.
I’ve given you a good start here, but again you should make these uniquely yours. Or just copy and paste and fill in the blanks – that should work, too.
One last thing – if you win back just 1000 subscribers a year with this series, and just 5% of those go on to make purchases totaling $100 each, that’s $5,000 a year.
Not bad for copying and pasting a handful of emails into your autoresponder.
by seller_bot | Nov 26, 2017 | Uncategorized
Although not a standard feature, you cart does have the capability to handle downloadable products.Simply contact us to get this option enabled on your cart.
Please note that there is an additional charge to allow downloads on your website as it does take additional resources to host and share these files.
The way the download feature works is that a customer cannot download the file until after they have purchased it.
Once paid for the download links will show up in their account section.
The download feature is for downloadable “products” meaning you want to get paid before giving the product to the customer.
In the admin area of your cart
Click Other Services –> Downloads
Click browse to navigate to the files on your computer
Select number of times a customer can download a paid for product
You need to add all the products you have via this method
Adding the downloads to your product:
In the admin area of your cart
Click Catalog –> Product
Select the product / create a new one that relates to the download(s)
In the product areas click the Links Tab
Select the downloads related to this product (that you added in Step 1 above)
Then, add the product in the normal way and make sure “Requires Shipping” is set to No
You also need to be sure downloads are enabled in the main settings area and set the download order status to the order status that you want the download to be allowed at. usually “Complete”.
(Admin –> Settings –> Option tab)
Then set your payment’s order status to “complete” as well so that you don’t have to interact at all.. it will all be automatic
Name of the download. The download name is displayed to customers when choosing a download.
Select the file for customers to download. Multiple files should be in zip format. Click BROWSE Button to select and upload from your computer.
Total Downloads Allowed
Set the number of downloads a customer is allowed on a single order. If more than one order is made or the quantity of a downloadable product is higher than one then the number of downloads will be added together.
by seller_bot | Oct 29, 2017 | Uncategorized
TERMS OF TRADE AND POLICIES
1. In these terms of trade:
1.1 services and goods mean all the services and goods provided to you by EziBilling, EziSites.co and Ezi Systems Ltd and includes where applicable website design, website hosting, domain registration and advertising services.
1.2 Terms of Trade means these terms of trade.
1.3 EziSites means Ezi Systems Ltd (a company at Christchurch) and its trading names EziSites, SellerBot, DropShip.money, EziSites Designs, RentaSite, LeaseaSite, Paymonthlysites, MyMobileWebsite, AdvertiseOnline
1.4 EziSite Forms means the order forms and tax invoice used by EziSites. If there is a conflict between the EziSites Forms and these Terms of Trade, the EziSites Forms prevail.
1.5 you and customer mean the customer stated on the EziSites Forms.
2. EziSites agrees to sell and you agree to buy the services referred to in the EziSites Forms at the price and upon the terms stated in the EziSites Forms and these Terms of Trade, for which payment is to be made in accordance with the EziSites Forms and as set forth in these Terms of Trade.
2.1 Your order must be made in accordance with the EziSites Forms.
2.2 You and EziSites are bound to an order made by you when EziSites notifies you in writing of acceptance by EziSites.
3. The price of the goods and services will be the price quoted by EziSites at the date of acceptance by EziSites of your order. You should not assume that quoted prices will apply to variations.
3.1 Once we have accepted your order, we will not change any prices that apply to the goods and services in your order for the twelve month period commencing from the date of acceptance of your order.
3.2 EziSites may change the quoted prices for the goods and services from time to time and we do not provide any notice of those changes.
3.3 All prices are plus Goods and Services Tax and other taxes: GST & taxes are additional to the price and must be paid by the customer.
4. Payment is due in cash on or before services are made available.
4.1 If EziSites consents in writing to credit terms on the EziSites Forms, then subject to written notification to the contrary and subject to the EziSites Forms, payment is due for goods and services before 5pm upon the 20th of the month following the invoice date.
4.2 For renewals, EziSites will invoice you either monthly, six monthly or annually for the renewal, prior to the anniversary of the commencement date of the services.
5. Overdue accounts may be terminated or suspended at EziSites discretion. Domain names may also be lost if payment is not made promptly.
5.1 Time for payment is of the essence. If you fail to make any payment on the due date then without prejudice to any of EziSitess other rights EziSites may:
5.1.1 suspend or cancel provision of all goods and services to the customer without notice and / or treat this agreement as repudiated by the customer; and/or
5.1.2 Revoke any licence granted to use the EziSites services. EziSites may elect to sell to another party any domain names which were used by you as part of the services.
5.1.3 appropriate any payment made by the customer to such of the goods and services (or goods and services supplied under any other agreement with the customer) as EziSites may in EziSites’s sole discretion think fit. EziSites may at its sole discretion apply payments made by the customer first in payment of default interest and secondly in reduction of invoiced amounts. EziSites is entitled to recover from the customer any discount given to the customer for any services for which the customer is in default.
5.2 Events of default for the purposes of section 109 of the Personal Property Securities Act include: failure to pay amounts due, failure of the customer to comply with any other obligation owed to EziSites, or in EziSitess opinion the customer is likely to be unable to meet its obligations to EziSites, or the customer becomes insolvent or has a receiver appointed in respect of all or some of the customers assets, or makes or is likely to make an arrangement with the customers creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory management.
5.3 In the event of a default, all amounts outstanding under all of the then current contracts between the customer and EziSites will, whether or not due for payment, immediately become due and payable.
5.4 All sums due from the customer to EziSites that are not paid on the due date (without prejudice to the rights of EziSites under this agreement) will bear interest from day to day at the annual rate of 18 % charged at 1.5% per month or part thereof. The customer must pay all amounts due without deduction or setoff.
5.5 The customer indemnifies EziSites for full solicitor/ client and other recovery costs relating to any default of the customer under this agreement.
5.6 Work will not commence on new projects until full payment has cleared. You can cancel at anytime and will be invoiced an amount that EziSites judges to be proportional to the amount of work completed on the project.
5.7 Failed payments including but not limited to bounced cheques, direct debit failures, automatic-payment reversals, credit card charge-backs incur a $50 fee.
6. EziSites grants you a non-exclusive, non-transferable, limited use licence to use the services upon the terms set out in the EziSites Forms and these Terms of Trade.
7. Upon payment of a renewal fee specified by EziSites at the time renewal is due, the services will be renewed for a further month.
8. All online sites (including the website design, content and images) provided as part of the services remain the property of EziSites.
8.1 You authorise EziSites to register your selected domain name. You certify that you have the legal right to use this domain name and will be solely responsible for any legal proceedings or fees if the domain registered contains any trademarked or copyrighted term, and you indemnify EziSites accordingly.
8.2 The base code package used to display and run any website (if provided by EziSites as part of the services) remains the sole ownership of EziSites and you may only use the software to the extent granted in the EziSites Forms.
8.3 To further protect ownership by EziSites, your licence to use the goods and services is subject to you granting a security interest in favour of EziSites in the goods and services as mentioned below (see PPSR Security clauses).
9. Your continued use of any service is on a pay as you go licence arrangement as further specified in the EziSites Forms.
10. Although it is intended that your licence is a monthly licence, due to the fact that the internet is a rapidly evolving environment, EziSites reserves the right to permanently discontinue the services at any time, without notice, at the sole discretion of EziSites. Subject to the EziSites Forms and subject to any material breach of this agreement by you, in the event of early termination by EziSites, you will be refunded for any unused portion of your licence fee you have pre-paid.
11. Any images supplied by EziSites in the design of your website may be protected under International Copyright law and you must not be onsell, reuse, reproduce without the written permission of EziSites.
12. All annual and monthly contracts auto renew unless EziSites receives a cancellation notice via email before the end of the current contract term.
13. If a cancellation notice is received from you, EziSites reserves the right to immediately suspend all services rendered.
14. If you are participating in any trial period offer, you must notify EziSites in writing that you wish to cancel. This must be received at least 7 days before the end of the trial period to avoid incurring new charges. If a cancellation notice is not received the service supplied will automatically revert to monthly licence and you authorise EziSites to charge you for the Service.
15. A request for a domain name authcode, UDAI or similar incurs an admin charge of $90 per year (or part thereof if registered for longer). This fee is payable in advance.
16. Where EziSites provides you with advertising services, EziSites does not guarantee the effectiveness of the advertising services.
LIMITATION OF LIABILITY
17. EziSites excludes all liability whatsoever to the customer and all others for any loss or damage arising directly or indirectly in connection with the goods and services. If any limitation of liability or provision contained in this agreement is held to be invalid for any reason and EziSites becomes liable for loss or damage that would otherwise have been excluded, it is agreed that such liability is limited to the amount of the annual licence fee for the relevant goods and services, or for monthly paying customers the amount paid by you (if any) to us in the month immediately preceding the most recent event that gave rise to your claim.
18. In accordance with the exclusion of liability mentioned above, and to ensure clarity, EziSites excludes any warranty or representation as to the suitability of goods and services for any purpose. The use of the goods and services are entirely at the customers own risk. EziSites excludes any liability whatsoever for:
– loss or corruption of data, including that resulting from delays, non-deliveries, miss-deliveries, service interruptions or hardware failure.
– the accuracy or quality of information obtained through its services.
– Loss of data: it is your responsibility to back up your data.
– Breach of contract, negligence or Tort of negligence
LIMITS ON USE OF SERVICES BY CUSTOMER
19. You will not use any service provided by EziSites for any unlawful purpose. This includes, but is not limited to: sending spam; storing or transmitting any obscene / indecent material, copyrighted material, material protected by trade secret or other statute, defamatory speech or any harmful files.
19.1 You agree to indemnify and hold harmless EziSites from any claims resulting from your use of the service that damages your service or any other partys service resulting from your illegal use.
19.2 You must comply with all relevant laws relating to your use of the goods and services.
20. You acknowledge that the software provided as part of the services, some content and images may have been released under GNU GENERAL PUBLIC LICENSE Version 2, June 1991, and/or Creative Commons Licenses.
21. Although resources are not always actively monitored, there is a fair-usage policy that applies to all the services. EziSites’s unlimited hosting packages are designed to offer unlimited hosting for an average small online business, allowing you the freedom to host your website without worrying about the cost of hosting. EziSites will start checking your usage when you reach 30,000 visitors per month. At EziSitess discretion, we may charge you for additional usage beyond the 30,000 visitors level, which we will do at our standard rates and / or move your site to an alternative hosting provider.
22. You (the customer) grants a security interest to EziSites (the secured party), and EziSites may register the security interest:
22.1 In all goods, documents of title and intangibles supplied by EziSites (the secured party) to you from time to time, together with all proceeds (including, without limitation, accounts receivable, chattel paper, negotiable instruments, investment securities and inventory), to secure payment of the purchase price; and
22.2 In all goods, documents of title and intangibles supplied by EziSites (the secured party) to the customer (you) from time to time, together with all proceeds (including, without limitation, accounts receivable, chattel paper, negotiable instruments, investment securities and inventory) to secure any sums owing to EziSites.
22.3 Words herein have the same meaning as that which is given to them in Section 16 of the Personal Property Securities Act (the PPSA). EziSites does not have to provide a Verification Statement to the customer. The customer agrees that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these terms and conditions. The customer agrees that its rights as debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA shall not apply to these terms and conditions.
22.4 The customer will immediately notify EziSites in writing of any change in the customers name or other material identifying characteristics of either the customer or the collateral subject to this security.
22.5 The customer must reimburse EziSites for all costs, expenses and other charges incurred, expended or payable by EziSites in relation for registration of a financing statement or financing change statement.
22.6 The customer agrees that if at any relevant time, the secured party does not have priority over all other secured parties in relation to any collateral, then the customer and EziSites will, for the purposes of section 109(1) of the PPSA, be deemed, in accordance with the entitlement to do so under section 107(1) of the PPSA, to have contracted out of that section but specifically on the basis that, as between them and for the purposes of this security agreement and the operation and application of the PPSA, that section 109(1) (but amended only by the deletion of the words with priority over all other secured parties) is reinstated and contracted back into.
23. Headings are inserted for convenience and reference only and shall not affect the meaning or interpretation of this agreement.
23.1 References to any statute, regulations or other statutory instrument or by-law (legislation) shall be deemed to be references to a statute, regulations, instrument or by-law of New Zealand as from time to time amended and includes substitute provisions (whether in an amendment of existing legislation or in new legislation) that substantially correspond to those referred to.
23.2 A reference to a person or persons includes a reference to a body corporate, to a governmental agency and to an unincorporated body of persons.
23.3 References to any party to this agreement includes the successors and any permitted assigns of the party and party means them collectively.
23.4 Expressions referring to writing shall be construed as including reference to words printed, typewritten, transmitted by facsimile, recorded electronically (including an email from EziSites to the email address provided by you), or otherwise traced, copied or reproduced.
24. EziSites reserves the right to vary the Terms and Conditions by written notice to the customer whereupon such variations will thereafter apply to subsequently supplied services.
25. If any term of this agreement is illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, legislation or other provisions having the force of law or any decision of any court or other body or authority having jurisdiction, such term will be deemed to be deleted from this agreement on condition that if either party (acting reasonably) considers that any such deletion substantially affects or alters the commercial basis of this agreement it may give notice in writing to the other to terminate this agreement immediately.
26. Any notice, document, request, demand or other communication (“notices”) to be given for the purposes of this agreement must be in writing. EziSites may give written notices by email. Time is of the essence.
27. EziSites may delay delivery of services or goods and is not liable for failure to perform its obligations under the agreement due to force majeure conditions including an act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature and any other reason beyond the control of EziSites.
28. If EziSites grants the customer any time, release or other indulgence, EziSites reserves the right to later enforce that obligation or any other term or condition.
29. The law of New Zealand will apply to this agreement except to the extent expressly negatived or varied by this agreement.
30. This agreement has been prepared in accordance with New Zealand law, and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information, products or services available from this website are appropriate or available for use in other countries. If you choose to use our services from outside New Zealand you are responsible for compliance with applicable local law.
31. Privacy: The customer authorises and directs EziSites to seek and obtain from and supply any information concerning the credit or business standing of the customer to any other person whether trader, merchant, firm, organisation, company, or any agency of source whatever including any credit agency or association or the like and directs any such person to supply or receive and record such information to and from EziSites. While the customer continues to be a customer or an amount is due from the customer to EziSites, EziSites is authorized to obtain repeat credit checks from time to time.
31.1 You agree to indemnify, defend and hold harmless all EziSitess directors, officers, agents, employees, contractors, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorneys’ fees and expenses) based on the gross negligence or willful misconduct in the performance of this Agreement.
31.2 It is your responsibility to back up and store a copy of your data
Consumer Guarantees Act 1993
32. If the customer is acquiring goods or services from EziSites for the purposes of a business, as defined in the Consumer Guarantees Act 1993, then EziSites excludes the guarantees contained in the Consumer Guarantees Act.
33. The customer warrants that it will advise its customers as to the purposes for which the goods or services can be used correctly and that the customer will effectively and in writing contract out of the Consumer Guarantees Act 1993 whenever the customer agrees to supply goods or services to a customer for the purposes of that customers business.
Resolution of disputes
34. This agreement contains an arbitration agreement:
34.1 You, if purchasing as a consumer as defined in the Arbitration Act 1996, certify that: having read and understood the arbitration agreement, and the variation of the default rules in the 2nd Schedule to the Arbitration Act 1996, you agree to be bound by the arbitration agreement.
34.2 If the parties are unable to resolve any question, dispute of difference arising under this agreement, by discussion and negotiation, the dispute must be submitted to the arbitration of a single arbitrator agreed on between the parties, or in default of agreement, to be nominated by the president of the New Zealand Law Society PROVIDED HOWEVER that EziSites has the right to refer any dispute to the Disputes Tribunal for determination in which case the total amount in respect of which an order of the Tribunal is sought will not exceed $15,000.00.