NZNET Terms and Conditions

All DSL connections cancelled within 12 months are subject to a $99 disconnection fee.
This is the amount charged by the Lines Company and is simply passed on.

1. ACCEPTANCE
Any instructions received by us from you 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 you make with us.

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. COLLECTION & USE OF INFORMATION
You authorise us to collect retain and use any information about you for the purposes of assessing your credit worthiness, enforcing any rights under this contract or marketing any goods and services provided by us to any other party. You authorise us to disclose any information obtained to any person for such purposes and where you are a natural person these authorities or consents are provided for the purposes of the Privacy Act 1993.

6. PRICES
6.1 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.
6.2 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.

7. 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.

8. 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.

9. PAYMENT
9.1 You agree to pay us in full on delivery for all Goods (including Hardware and Software) and within 14 days of receipt of the invoice / statement.
9.2 Method of payment as detailed at the time of Sale unless otherwise arranged.
9.3 That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late payment fees of 2.5% per month on any amount outstanding and to indemnify us and pay all costs and expenses on a solicitor/client basis if legal action is necessary, and/or Baycorp Limited’s fees, which we may incur in recovering from you any overdue amount.
9.4 That under the terms of the Privacy Act (1 July 1993) you irrevocably authorise any person or company to provide us with such information as we may require in response to our credit inquiries. That you authorise us to furnish to any third party, details of this application and any subsequent dealings that you may have with us as a result of this application being actioned by us.
9.5 Delivery of goods to the client 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.
9.6 Invoicing is one month in advance.

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 you have made payment in full for all goods supplied by us.
12.2 Where you have not paid for goods in your possession title in such goods shall remain with us and:

Risk in the goods shall pass to the Customer on dispatch from the Company’s premises.
Goods are forwarded uninsured, unless the Company instructs the Customer otherwise or an understanding to the contrary is given in the delivery notice.
The Customer is responsible for insurance of all goods in transit from the time of dispatch from the company’s premises.
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.

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.
Where the Company arranges for delivery by courier, the delivery of the goods is deemed to be completed upon loading onto the courier.
Where there are missing or damaged goods during delivery, the Customer must notify the Company and the carrier immediately.
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.
The Company reserves the right to cancel delivery of the goods or such instalments thereof without prejudice to its right to recover all sums owing to it in respect of deliveries already made.
Unless otherwise agreed in writing, the Customer will pay in delivery costs.
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
You are deemed to have accepted the goods unless you notify us of any discrepancy in your order within three days of delivery. In the event of such notification you shall pay for the delivery of the returned goods to us. In the case of software, provided shrink-wrap software is returned with license seals unbroken, you 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 good 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 We will pass on to you the benefit of any warranty given by our suppliers or a third party such as the manufacturer.
18.3 Unless forming part of the goods or services supplied hereunder you are 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 we shall not be liable for:

Any loss or damage of any kind whatsoever, including loss or damage of data due to improper backup procedures, whether suffered or incurred by you or another person and whether such loss or damage arises directly or indirectly from goods or services or advice provided by us, nor shall we be liable to you for any special, direct, indirect or consequential losses or damages including without limitation any financial loss;
Except as provided by statute our liability to you shall be limited to the price paid for the goods or services provided;
All claims must be received by us 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 you fail to do so you shall be conclusively deemed to have accepted the goods or services and we shall incur no subsequent liability to you whatsoever.
At our complete discretion, we may replace or give credit for the goods or services provided but will not be responsible for any damage or defect caused by you or a third party.
We shall not be liable to you for any delay or failure to perform our obligations due to a matter beyond our control.

20.2 You shall indemnify us 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 you or as a result of our negligence or otherwise brought by any person in connection with any matter, act, omission, breach of copyright, breach of license or error by us our 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
In compliance with the Privacy Act 1993, the Customer authorises the Company to obtain information about the Customer or any third party in the course of but not limited to the Company’s credit enquiries. The Customer further authorises the Company to furnish to any third party, details of this application and subsequent dealings that the Customer may have with us as a result of this application being actioned.

Each contract for the supply of goods entered into between the Customer and the Company creates in favour of the Company, a security interest in the goods which are the subject of the contract and such security interest secures the payment by the Customer to the Company of all amounts the Customer may owe the Company from time to time and at any time including future advances.
The Customer authorises the Company to take possession of the collateral if the Company form time to time deems it necessary to do so to perfect or re-perfect the Company’s security interest in the collateral. For the purposes of this clause, possession includes but is not limited to the meaning ascribed to it in section 18 of the PPSA.
The Customer agrees that it will not do any such thing or allow any act to be done which will have the effect of allowing the creation of a lien over all or any of the collateral that is the subject of the Company’s security interest.
The Customer agrees to indemnify the Company upon demand from the Company for all costs and expenses (including legal fees) incurred by the Company as a result of the Customer defaulting under this Agreement and in complying with any demand made under section 162 of the PPSA.
On the request of the Company, the Customer shall promptly do all things necessary and provide all information required by the Company to perfect and maintain the security interest granted to the Company (including registration of a financing statement over the goods or the proceeds thereof.
The Customer shall notify the Company of any changes to its personal details as supplied on the credit application form. Where the Customer proposes to changes its name, it shall notify the Company within 5 days of the change taking effect.
The Customer shall, within five working days of receiving a written request from the Company , supply the Company with copies of all security interests registered over the Customer’s personal property and the Customer hereby authorises the Company as it duly appointed agent to request information from any secured party relating to any security interest to the Customer is a debtor.

28. SECURITY INTEREST WHERE GOODS BECOME ACCESSIONS ETC
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.

29. VERIFICATION STATEMENT
The Customer waives its right to receive a copy of the Verification Statement in respect of any financing statement relating to the security interest granted to the Company by the Customer.

30. CONTRACTING OUT OF THE PPSA
The Parties contract out of sections 114 (1)(a), 117(1)(c), 133 and 134 of the PPSA. The Parties contract out of the Buyer’s right in sections 116, 119, 120(2), 121,125, 129, 131 and 132 of the PPSA.

31. 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.

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

33. Fair Use Policy
If your internet plan doesn’t have a data limit/cap then you are subject to the “Fair Use Policy”. This means that your 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 NZNet.

34. Property
All hardware not specifically purchased remains the property of NZNet and can be reclaimed upon termination of the relevant services with NZNet. Typical items in this clause are Telephones and modems/routers.

35. Cancellation
35.1 Cancellation of any product, unless expressly stated otherwise, must be at least one month in advance of the date for service cancellation.
35.2 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 you were paying $100 per month on a 24 month contract, and you cancelled after 12 months. You would owe $100 x 12 months = $1,200.

NZNET Terms & Conditions