NZNET Terms & Conditions

TERMS AND CONDITIONS OF TRADE

Naked DSL connections cancelled within 12 months are subject to a $199 disconnection fee.
This is the amount charged by the Lines Company.

DEFINITIONS
The Company shall mean NZ Net Internet Services Limited.
The Customer shall be the entity purchasing the goods and/or services etcly passed on.

1. ACCEPTANCE
Any instructions received by the Company from the Customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein and which shall also apply to future orders the Customer makes with the Company.

2. TERMS
The only terms and conditions, which will be binding on the Customer, are these terms or conditions. In the event of conflicting terms, the terms and conditions outlined herein shall prevail.

3. ASSIGNMENT
The Customer may not assign all or any of its rights or obligations without prior consent of the Company.

4. WAIVER
The failure of the Company at any time to enforce any provision of these terms and conditions shall not be construed as a waiver of any such provision or shall not in any way affect the rights or obligations of the Customer. All waivers shall be effective only in writing by the Company.

5. PRICES
5.1 All prices are exclusive of GST, freight costs, installation and any other applicable taxes and duties and are subject to increase due to exchange rate fluctuations and all such items and increases are payable in addition to the price.
5.2 Where no price is stated in writing or agreed to orally the goods or services shall be deemed to be sold or supplied at the current amount or rate at the time of the contract.

6. FORCE MAJEURE
The Company is not liable for failure or delays in supply or delivery occasioned by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of products or raw materials, shortage or lack of skilled labour, failure of the Customer’s suppliers delay in transit, import restrictions, legislative governmental or other prohibition or restriction, fire, flood, hostilities, commotion’s or other causes whatsoever beyond the Company’s reasonable control including power outage or telecommunications disruption or act of war or terrorist attacks.

7. ACCEPTANCE OF QUOTATION
The Company’s quotation shall be deemed to be withdrawn unless accepted by the Customer within a period of 30 days from the date of issue unless otherwise agreed.

8. PAYMENT
8.1 The Customer agrees to pay the Company in full on delivery for all Goods (including Hardware and Software) and within 7 days of receipt of the invoice / statement.
8.2 Method of payment as detailed at the time of Sale unless otherwise arranged.
8.3 That the Customer undertakes to pay the account in full on or before the due date.
8.5 Delivery of goods to the Customer is made on the express condition that ownership is reserved and the goods shall remain vested in the Company and shall not pass to the customer until the customer has paid the purchase price in full.
8.6 Invoicing is one month in advance.

9. DEFAULT & CONSEQUENCES OF DEFAULT
9.1 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 the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by the Company.
9.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company’s collection agency costs.
9.4 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions.  The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
9.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

10. QUERIES/DISPUTES
The Company will not consider any job or account queries, which are not raised within 1 month from the date of invoice.

11. INSOLVENCY
If the Customer becomes bankrupt, goes into receivership, liquidation or enters into an arrangement with Creditors, the Company may cancel the contract forthwith without incurring liability and claim a proportion of the amount due hereunder proportionate to the work done up to the date of cancellation plus interest thereon at the rate charged by the Company on overdue accounts.

12. TITLE
12.1 Title to any software included in the goods or services supplied shall remain with the original owner or licensor and use of the software shall be subject to the appropriate license agreement. In respect of other goods if ascertained and in a deliverable state title passes when the Customer has made payment in full for all goods supplied by the Company.
12.2 Where the Customer has not paid for goods in their possession title in such goods shall remain with the Company and:
(a) The goods shall be held by the Customer as bailee;
(b) The Customer irrevocably authorizes the Company to enter any premises occupied by them to remove any goods not paid for in full without liability for costs, damages or expenses or any other losses incurred by the Customer or by any third party as a result of the Company’s action, nor shall the Company be liable in contract or in tort or otherwise any way whatsoever.

13. RISK
(a) Risk in the goods shall pass to the Customer on dispatch from the Company’s premises.
(b) Goods are forwarded uninsured, unless the Company instructs the Customer otherwise or an understanding to the contrary is given in the delivery notice.
(c) The Customer is responsible for insurance of all goods in transit from the time of dispatch from the company’s premises.
(d) If the company agrees to arrange transit, freight and insurance, then such arrangements are made as agents for the Customer and without liability to the Company.

14. DELIVERY
(a) The Company will deliver or arrange for the delivery of the goods ordered by the Customer to the address supplied by the Customer in the order form or to such other address as is subsequently agreed between the parties if requested.
(b) Where the Company arranges for delivery by courier, the delivery of the goods is deemed to be completed upon loading onto the courier.
(c) Where there are missing or damaged goods during delivery, the Customer must notify the Company and the carrier immediately.
(d) Quoted delivery times are estimated only. The Company will make every effort to ensure delivery of the goods is on time but is not liable for any loss or damage arising in any way from delay in delivery and in the event of any delay in the delivery, this does not entitle the Customer to cancel the Contract. Any delays, which in the opinion of the Company, are beyond the Company’s control entitle the Company to cancel the Contract without liability or postpone delivery and the Customer shall accept such postponed delivery.
(e) The Company reserves the right to cancel delivery of the goods or such installments thereof without prejudice to its right to recover all sums owing to it in respect of deliveries already made.
(f) Unless otherwise agreed in writing, the Customer will pay in delivery costs.
(g) Services may not be on-sold without written consent.

15. DAMAGE DURING INSTALLATION
Where the Company undertakes installation or assembly, the Customer shall be responsible for all loss, damage or destruction of equipment or data occasioned by fire, earthquake, water, effect of weather, pilfering and any other causes whatsoever, whether the goods be wholly or partly installed and despite anything contained in these conditions with regard to terms of payment.

16. EXCLUSION OF LIABILITY – SUBSEQUENT LOSS
Where the Company designs and manufactures equipment or systems based on a Customer’s specifications or where the Company undertakes installation or assembly of equipment for the Customer and then subject to any warranty given in writing to the Customer, the Company shall not be liable for any loss, damage (including spoilage), injury or consequential loss either directly or indirectly caused by a failure of the equipment or defect in the installation or assembly. The Customer shall make not claim against the Company and will indemnify save harmless and defend the Company against any claims by third parties for any such loss, damage (including spoilage) injury or consequential loss.

17. INSPECTION AND RETURN OF GOODS
The Customer is deemed to have accepted the goods unless they notify the Company of any discrepancy in their order within three days of delivery. In the event of such notification the Customer shall pay for the delivery of the returned goods to the Company. In the case of software, provided shrink-wrap software is returned with license seals unbroken, the Customer shall be entitled to a credit or a refund for the price. The Company will, at its discretion, issue a credit note for the goods or will repair or replace the goods where disclosed as faulty on such inspection following delivery and when the goods are authorised by the Company to be returned to the company as faulty.

18. WARRANTY
18.1 No representation, condition, warranty or promise expresses or implied by law or otherwise including as to merchantability and fitness for a particular purpose applies to the goods or services except where supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
18.2 The Company will pass on to the Customer the benefit of any warranty given by the Company’s suppliers or a third party such as the manufacturer.
18.3 Unless forming part of the goods or services supplied hereunder the Customer is responsible for the supply of a computer to the appropriate specification for the software or application purchased.

19. NO PRIOR AGREEMENT
The Customer acknowledges that there are no representations or agreements on the part of the Company, its servants or its agents written or otherwise prior to or collateral with any goods or services provided by the Company in which any warranty or responsibility not expressed here or in the Company’s quotation maybe imputed to the Company.

20. LIABILITY
20.1 Except where otherwise provided by statute the Company shall not be liable for:
(a) Any loss or damage of any kind whatsoever, including loss or damage of data due to improper backup procedures, whether suffered or incurred by the Customer or another person and whether such loss or damage arises directly or indirectly from goods or services or advice provided by the Company, nor shall the Company be liable to the Customer for any special, direct, indirect or consequential losses or damages including without limitation any financial loss;
(b) Except as provided by statute the Company’s liability to the Customer shall be limited to the price paid for the goods or services provided;
(c) All claims must be received by the Company within three days of delivery of the goods or the provision of the services and must be accompanied by the number and date of supplying invoice and must specifically identify the defect in the goods or lack of standard of services and if the Customer fails to do so they shall be conclusively deemed to have accepted the goods or services and the Company shall incur no subsequent liability to the Customer whatsoever.
(d) At the Company’s complete discretion, they may replace or give credit for the goods or services provided but will not be responsible for any damage or defect caused by the Customer or a third party.
(e) The Company shall not be liable to the Customer for any delay or failure to perform their obligations due to a matter beyond our control.
20.2 The Customer shall indemnify the Company against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the installation or reinstallation of the software or application provided by the Customer or as a result of the Company’s negligence or otherwise brought by any person in connection with any matter, act, omission, breach of copyright, breach of license or error by the Company, their agents or employees in connection with the goods or services.

21. INDEMINITY
The Customer shall indemnify save harmless and defend the Company against any claims by third parties for loss, including loss of profits, damage, injury, consequential loss, indirect loss and/or expense as well as patent, trademark, design or copyright infringement, directly or indirectly arising from the design, workmanship, material, construction, testing or use of any goods supplied by the Company. Should the company provide the services of any employee or agent of the Company, for the purpose of driving, testing, operating, adjusting or otherwise handling the goods, the Customer shall indemnify the Company from and against all claims and demands whatsoever for any act or omission negligent or otherwise on the part of such employee or agent and the Customer shall not have any claim against the company for any loss or damage from such act or omission.

22. DISCLAIMER
The Customer hereby disclaims any right to rescind or cancel any contract or sues for damages or to claim restitution arising out of any misrepresentation made to him by any agent or servant of the Company. The Customer further acknowledges that he buys the goods relying solely upon his own skill and judgment and that the Company is not bound by nor responsible for any term, condition, representation or warranty other shall indemnify save harmless and defend the Company against any claims by third parties for loss, including loss of profits, damage, injury, consequential loss, indirect.

23. GOVERNING LAW
This agreement and all terms and conditions agreed to between the Customer and the Company shall be governed by the laws of New Zealand whose courts shall have exclusive jurisdiction to hear and determine any dispute.

24. GST
Unless otherwise agreed in writing, prices are quoted exclusive of GST.

25. NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
The Customer warrants that it will takes steps to ensure that designs, instructions, marks or copyright information supplied to the Company will, if used, not cause the company to infringe the patent, registered design, trademark or copyright or any person.

26. PRIVACY ACT 1993
26.1 The Customer and the Guarantor/s (if separate to the Customer) authorizes the Company to:
(a) collect, retain and use any information about the Customer and/or Guarantors, for the purpose of assessing the Customer’s and/or Guarantors creditworthiness or marketing products and services to the Customer and/or Guarantors; and
(b) disclose information about the Customer and/or Guarantors, whether collected by the Company from the Customer and/or Guarantors directly or obtained by the Company 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 and/or Guarantors.
26.2 Where the Customer and/or Guarantors are an individual the authorities under clause 26.1 are authorities or consents for the purposes of the Privacy Act 1993.
26.3 The Customer and/or Guarantors shall have the right to request the Company for a copy of the information about the Customer and/or Guarantors retained by the Company and the right to request the Company to correct any incorrect information about the Customer and/or Guarantors held by the Company.

27. PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)
27.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods previously supplied by the Company to the Customer (if any) and all Goods that will be supplied in the future by the Company to the Customer.
27.2 The Company’s interests in the goods continues if the goods are processed, included or dealt with in any way causing them to become accessions, processed or co-mingled goods (as defined by the PPSA). The security interest in the original goods will continue in the whole in which they are included and the Customer agrees that it will not grant to any other person a security interest in either the goods or in the whole.
27.3 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, the Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of the Company; and immediately advise the Company of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
27.4 The Company and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
27.5 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
27.6 Unless otherwise agreed to in writing by the Company, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
27.7 The Customer shall unconditionally ratify any actions taken by the Company under clause 27.1 to 27.6.

28. THE CONSUMER GUARANTEES ACT 1993
Where the Customer is not a consumer as defined in the Consumer Guarantees Act 1993 (“the CGA”), the CGA will not apply to the supply of the goods from the Company to the Customer.

29. MISCELLANEOUS
29.1 The Customer shall keep all documents submitted and information supplied by the Company confidential and shall not use it for any purpose other than that stipulated by the Company nor shall the Customer provide it to third parties.
29.2 The Customer shall be responsible for backing up all data on the hard disk of any computer delivered to the Company for repair or service and the Company shall not be under liability in respect of the loss of any such data.
29.3 The Customer shall provide the Company with all such information as is necessary to fully identify any symptom or problem in respect of which the Company are contracted to provide services whether in relation to hardware or software.

30. FAIR USE POLICY
If the Customer’s internet plan doesn’t have a data limit/cap then the Customer is subject to the “Fair Use Policy”. This means that the Customer’s usage of the internet must not be excessive, such as high use of pair to pair (P2P) file sharing. Excessive or ‘unfair’ use is solely decided by the Company.

31. PROPERTY
31.1 All hardware not specifically purchased remains the property of the Company and can be reclaimed upon termination of the relevant services with the Company. Typical items in this clause are Telephones and modems/routers.
31.2 The Company is authorized to come on the premises to collect these items if they are not returned within 1 month. Where items have been fixed to the building (such as external antennae) the Company has the right to remove these without prior arrangement being made with the building occupants.

32. CANCELLATION
32.1 Cancellation of any product, unless expressly stated otherwise, must be at least one month in advance of the date for service cancellation.
32.2 Where a particular term is signed up for the premature cancellation will result in the remainder of the contract term being payable, either immediately or at the same rate of payment as agreed to in the lease/contract term. Example: If the Customer were paying $10 per month on a 12 month contract, and cancelled after 6 months, they would owe $10 x 6 months = $60.