Search
Terms and Conditions
Rural Link's Service Agreement
Note: These are our Terms and Conditions. Other relevant documents include our Acceptable Use Policy and Direct Debit Authority form.
1. Dated: 1st March 2007
2. Parties
2.1 Rural Link Limited a company having its registered office at c/- WaikatoLink, Level One, Core Facilities Building Waikato Innovation Park, Ruakura Road, Hamilton. (“Rural Link”)
2.2 The Customer refers to anyone using Rural Link’s network or network services, referred to as ”the Customer”.
3 Matters Agreed
3.1 These standard terms form the basis of Rural Link’s contract with the Customer.
3.2 Upon the Customer completing an application or order form by telephone, Rural Link will record this conversation and the Customer will be bound in the same manner as it had signed an application form in writing.
3.3 Rural Link’s contract includes its current applicable price list. The price list may change from time to time, but Rural Link will notify the Customer of any changes before they happen. A copy of the price list is available from Rural Link at the Customer’s request.
3.4 If the Customer utilises Rural Link’s internet service (“Internet Service”) then Rural Link's Service Acceptable Use Policy will apply and will form part of Rural Link’s contract with the Customer. A copy of Rural Link’s Service Acceptable Use Policy may be viewed on its website at http://www.no8wireless.co.nz/sites/default/files/acceptable-use.pdf or it is available from Rural Link, upon request.
3.5 Rural Link reserves the right to amend these standard terms at any time. If Rural Link does amend the standard terms it will notify the Customer that this has occured and Rural Link will post a copy of these amended terms on its website at http://www.no8wireless.co.nz/terms .
3.6 It will be the Customers responsibility to visit Rural Link’s website to obtain a copy of the amended terms.. The amendments that Rural Link make will apply seven days from the date of notice received by the Customer from Rural Link. Ongoing use of Rural Link’s Internet Services after this time period will constitute acceptance of the amendment terms by the Customer. These terms will then form part of the contract with the Customer.
3.7 In this contract we use the terms:
(a) “Internet Service” to refer to Rural Link’s Internet service;
(b) “Network” to refer to any of the networks operated by Rural Link or other carriers used to provide you with various services from Rural Link; and
(c) “Internet” to refer to the World Wide Web
(b) “Network” to refer to any of the networks operated by Rural Link or other carriers used to provide you with various services from Rural Link; and
(c) “Internet” to refer to the World Wide Web
4 Rural Link's Obligations
4.1 Rural Link will use its best efforts to provide the Customer with consistently reliable and good quality service once the Customer is connected to the Network.
4.2 Rural Link will use its best efforts to reinstate the service when the Customers connection is disrupted within an agreed timeframe.
4.3 Rural Link will supply the Internet Service to the Customer in a way that Rural Link believes is the most appropriate form for the Customers connection.
4.4 Rural Link will choose the carriers and suppliers used to provide the Internet Service and Rural Link may change the carriers or suppliers at Rural Link’s discretion, at which time the Customer shall be notified.
4.5 Rural Link will advise the Customer how to access the Network. This may change from time to time at Rural Link’s discretion.
5 Payment
5.1 The Customer agrees to:
(i) Pay for all goods and services that Rural Link provides to the Customer’s address.
(ii) Pay each account by the due date for payment. If the Customer fails to pay any monies on the due date, Rural Link may charge interest on all overdue accounts at a rate of 10% per annum, until payment is received in full by Rural Link, but without prejudice to all or any of Rural Link’s rights and remedies under this agreement (any payment received will be applied firstly against such interest); or Rural Link may discontinue the Internet Services and/or refuse to provide any further Internet Services to the Client.
(ii) Pay each account by the due date for payment. If the Customer fails to pay any monies on the due date, Rural Link may charge interest on all overdue accounts at a rate of 10% per annum, until payment is received in full by Rural Link, but without prejudice to all or any of Rural Link’s rights and remedies under this agreement (any payment received will be applied firstly against such interest); or Rural Link may discontinue the Internet Services and/or refuse to provide any further Internet Services to the Client.
(iii) Notify Rural Link immediately if the Customer disputes any charges. The Customer must provide Rural Link with details of the reasons for the dispute, details of the charges and evidence of the grounds for the dispute. The dispute must be raised within 60 days of the date on which the account in dispute was sent to the Customer. Payment for the undisputed charges must be made by the due date for payment.
(iv) The Customer agrees and acknowledges that all amounts are payable in New Zealand dollars (plus GST).
(iv) The Customer agrees and acknowledges that all amounts are payable in New Zealand dollars (plus GST).
6 The Customers Obligations
6.1 The Customer will:
(a) Ensure that all of the information given to Rural Link is correct and complete.
(b) Comply with any legal requirements concerning the use of Rural Link’s Services.
(c) Comply with any requirements of any other carrier in relation to the use of the Network.
(d) ensure that everyone is aware of the Customers obligations and responsibilities under this agreement.
(b) Comply with any legal requirements concerning the use of Rural Link’s Services.
(c) Comply with any requirements of any other carrier in relation to the use of the Network.
(d) ensure that everyone is aware of the Customers obligations and responsibilities under this agreement.
(e) Provide reasonable access to Rural Link employees, its agents, its contractors or its representatives or its sub-contractors including any other carrier to undertake any and all work required for the commencement, operation, continuance and maintenance of Rural Link’s Services and the Network. Rural Link will undertake this work by appointment and during reasonable working hours. In the event that Rural Link requires access at a time outside of reasonable hours then the Customer will be notified but access must be provided to Rural Link.
(f) Adhere to the Rural Link Service Acceptable Use Policy as set out at http://www.no8wireless.co.nz/sites/default/files/acceptable-use.pdf and as amended from time to time.
(g) Provide Rural Link with the Service login and email information to enable Rural Link to rectify any faults with either the Network or the Customer’s connections.
(f) Adhere to the Rural Link Service Acceptable Use Policy as set out at http://www.no8wireless.co.nz/sites/default/files/acceptable-use.pdf and as amended from time to time.
(g) Provide Rural Link with the Service login and email information to enable Rural Link to rectify any faults with either the Network or the Customer’s connections.
(h) Ensure that anyone using the Customer’s connection will not view/download objectionable content in contravention to applicable laws.
6.2 In the event that Rural Link require a bond or some other such security to ensure payment of Rural Link’s charges, the money will not accrue interest and it will be repaid to the Customer when this agreement is terminated so long as all monies owned by the Customer have been paid.
6.3 Rural Link reserves the right to impose a credit limit on the Customer’s account at any time. The Customer agrees that a credit limit imposed by Rural Link may be altered at Rural Link’s discretion and from time to time without notice to the Customer.
7 Suspension or Disconnection of Services
7.1 In the event that the Customer exceeds its credit limit as set out in clause 6.3 Rural Link will be entitled to suspend the provision of its Services to the Customer.
7.2 In the event that the Customer does not meet all or any of its obligations under this agreement Rural Link may suspend or disconnect the Customer from Rural Link’s Network or discontinue any other services that Rural Link provides to the Customer and/or terminate this Agreement.
7.3 Rural Link may suspend or disconnect the Customer from the Network if another carrier suspends or interrupts Rural Links service and that suspension or interruption affects Rural Link’s ability to provide its Services to the Customer.
7.4 Rural Link may suspend or restrict a service in an emergency or whenever Rural Link, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
7.5 In the event that the Customer is suspended or disconnected from Rural Link’s Network for failing to meet any of its responsibilities under this agreement, the Customer may be required to pay a recommencement fee before it can use Rural Link’s Network again. All costs and expenses of or incurred by Rural Link as a result of suspension or disconnection by the Customer and any recommencement shall be payable by the Customer upon demand by Rural Link.
7.6 Normal charges, as outlined in Rural Link’s price list, will continue to apply during the Customer’s suspension or disconnection from Rural Link’s Network.
8 Warranty and Liability
8.1 If the Customer is a residential customer, it may have rights under the Consumer Guarantees Act 1993 in addition to the rights set out in this agreement and the terms of this agreement shall apply subject to the provisions of the Consumer Guarantees Act 1993. If, the Customer receives goods or services from Rural Link for the purposes of a business, then the Customer agrees that the Consumer Guarantees Act 1993 will not apply to this agreement or any of our business dealings with Rural Link.
8.2 The Customer will indemnify Rural Link against all liabilities, costs (including full costs between solicitor and client), losses, claims or demands incurred by Rural Link arising out of or incidental to any of the Services and/or this agreement. The Customer also agrees to indemnify Rural Link against all liabilities incurred by the Customer due to viruses, spam, junk emails and hacking/ disruptive activities caused by themselves or other parties.
8.3 Notwithstanding the above clause, 8.1, Rural Link does not make any representation and gives no assurance, condition or warranty of any kind to the Customer in relation to the goods or services that it provides to the Customer.
8.4 Rural Link and the persons listed in subclauses (i) to (iv) below will not be under any liability whatsoever to the Customer for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by the Customer arising out of or flowing from any breach of contract, any pre-contractual misrepresentation or other dispute arising out of these terms and whether actionable in contract, tort (including negligence), equity or otherwise.
(i) Rural Link’s directors, employees, agents, representatives and contractors;
(ii) network owners and providers who allow Rural Link to operate their networks;
(iii) other network operators who use Rural Link Network and allow Rural Link to use their networks, and their directors, employees, agents, representatives and contractors; and
(iv) any person who provides any service which is part of Rural Link Services, and their directors, employees, agents, representatives and contractors.
(ii) network owners and providers who allow Rural Link to operate their networks;
(iii) other network operators who use Rural Link Network and allow Rural Link to use their networks, and their directors, employees, agents, representatives and contractors; and
(iv) any person who provides any service which is part of Rural Link Services, and their directors, employees, agents, representatives and contractors.
8.5 Rural Link will accept no liability for any loss or damage, including, without limitation, indirect and consequential losses, caused by another carrier suspending or interrupting its service to us which affects Rural Link’s ability to provide its Services to the Customer or any other cause beyond Rural Link’s reasonable control.
8.6 In the event that Rural Link’s Services fail to operate for any reason and the Customer uses a different service provided by another carrier at that time or any other time, Rural Link will not be responsible for that carrier’s service charges.
8.7 This exclusion of liability applies whether or not Rural Link’s agreement with the Customer has ended and regardless of the type of damage you suffer or howsoever it was caused.
8.8 To the extent permitted by law if, despite the provisions contained in the previous section, Rural Link or another carrier is liable to the Customer for any breach of this agreement, or for breach of any other obligation that might be owed to the Customer, Rural Link’s liability shall be limited, at Rural Link’s discretion, to any one or more of the following:
(a) If the breach relates to the provision of Services:
(i) supplying of the relevant Services again; or
(ii) payment of the cost of having the relevant Services supplied again; and
(ii) payment of the cost of having the relevant Services supplied again; and
(b) If the breach relates to goods:
(i) replacement of the relevant goods or supply of equivalent goods;
(ii) repair of the relevant goods;
(iii) payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
(iv) payment of the cost of having the relevant goods repaired.
(ii) repair of the relevant goods;
(iii) payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
(iv) payment of the cost of having the relevant goods repaired.
8.9 Regardless of the legal basis of any claim of any kind made against Rural Link, Rural Link’s maximum liability to the Customer will be limited to the lesser of the price paid for the goods or services supplied by Rural Link which give rise to that claim or the price paid for the goods or services supplied by Rural Link to the Customer during any 12-month period.
9 Force Majeure
9.1 Failure by either party to perform its obligations under this Agreement due to a Force Majeure event shall not be a breach of those obligations, and the obligations of both parties shall be suspended during the currency of the Force Majeure event.
9.2 Force Majeure means any act of God or act of nature, strike, lockout, work stoppage or other labour hindrance, confiscation or expropriation, embargo, electrical supply failure, fire, smoke damage, flood, water damage, ice, explosion, nuclear accident, sabotage, revolution, riot, act of war whether declared or not, warlike operations, any act or terrorism, requirement or restriction of governmental authorities, land slide, epidemic, quarantine restriction, and any cause beyond the reasonable control of the Customer or Rural Link preventing either of them performing their obligations under this Agreement.
9.3 Neither party shall be entitled to the benefit of clause 9.1 to the extent that the failure was caused by the party’s negligence or contributory negligence or if the failure was caused by a shortage or lack of money.
9.4 The party claiming the benefit of clause 9.1 shall give notice as soon as possible after the Force Majeure event or condition or cause has ceased or been remedied that it is in a position to resume the performance of its duties and obligations. Any dispute as to whether or not the Force Majeure event or condition or cause has ceased or been remedied shall be determined under clause 15.
10 Privacy and Personal Information
10.1 The Customer agrees for the purposes of this agreement and the performance of Rural Link’s obligations to the Customer that Rural Link may collect information about the Customer. The information Rural Link will collect about the Customer may be obtained from the Customer and from others. Rural Link may obtain information about the Customer when the Services offered to the Customer are used, either by the Customer or anyone else in connection with the Customer.
10.2 Rural Link will treat all personal information in a manner which meets the requirements of the Privacy Act 1993.
10.3 If the Customer does not provide information then Rural Link may not be able to provide its Services to the Customer.
10.4 Rural Link may use the information it holds about you and may exchange information about the Customer with Rural Link’s contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of Rural Link’s business.
10.5 All information held by Rural Link will be held at our offices at the Waikato Innovation Park, Ruakura Road, Hamilton. The Customer may obtain access to, and correct, any information held by Rural Link under the Privacy Act 1993.
10.6 The Customer agrees and acknowledges that Rural Link may monitor and record calls that the Customer makes to Rural Link or that Rural Link makes to the Customer for the purpose of maintaining and improving the quality of our services to the Customer.
11 Electronic Communications and Email
11.1 The Customer agrees that during the term of this agreement, there is an ongoing business relationship between Rural Link and the Customer. The Customer gives Rural Link and its officers explicit consent and permission to communicate with the Customer at a nominated email address with regard to Internet and related services provided by Rural Link or its affiliates. The Customer may request that email communications be directed to a different address, and Rural Link undertakes to change its records for all future email communications in a timely manner.
12 Other terms
12.1 Other terms may apply to some of the Services provided by Rural Link. At such time as appropriate Rural Link will advise the Customer of these terms and conditons in writing.
13 Notices
13.1 Any written notice required to be given to a party shall be deemed to have been received by that party as soon as the same is delivered to the address set out below in respect of Rural Link and the address set out on the front page of this agreement in respect of the Customer (or such other address as that party may specify from time to time by notice in writing to the other party) or two days following the posting of the same by first class mail to such address, or immediately if transmission is by facsimile and is effected to the facsimile number specified by the respective parties from time to time. Any notice given on a non-business day or after 5:00pm on a business day, shall be deemed to have been given at the commencement of the next business day.
Rural Link Limited
Street Address: Waikato Innovation Park, Ruakura Road, Hamilton
Postal Address: PO Box 9466, Hamilton
Facsimile: 07 857 0781
Telephone: 0800 12 13 14
Attention: Andrew Cooke
Street Address: Waikato Innovation Park, Ruakura Road, Hamilton
Postal Address: PO Box 9466, Hamilton
Facsimile: 07 857 0781
Telephone: 0800 12 13 14
Attention: Andrew Cooke
13.2 In the event that the Customer changes address or moves premises, it must inform Rural Link of this event in writing so that Rural Link can ensure there is no interruption in its supply of Services to the Customer. If you do not inform Rural Link of this event, it may not be able to ensure the continuous supply of our Services to the Customer.
14 Term and Termination
14.1 This agreement will come into effect on the date of signing by the Customer and will continue in full force and effect upon the first anniversary date of signing. After that date the agreement will continue in full force and effect unless terminated earlier by either party.
14.2 Rural Link may terminate this agreement immediately without notice if the Customer fails to pay any invoices or fails to meet its responsibilities to Rural Link under this agreement.
14.3 Notwithstanding the above clause, termination of the agreement by Rural Link in this way shall not release the Customer from any outstanding obligations or responsibilities that it has to Rural Link.
14.4 On termination of this agreement, Rural Link will cease providing its Services to the Customer and all amounts which the Customer owe to Rural Link will immediately become due and payable. Rural Link shall not be liable to the Customer for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our Services to the Customer.
14.5 The Customer may terminate this agreement by providing Rural Link with one months notice at that address provided in the Notice section.
14.6 Notwithstanding the above clause, if the Customer fails to pay any monies, commits any act of bankruptcy, or being a company does any act which would render it liable to be wound up or have a receiver appointed over its property, Rural Link may (without prejudice to any other remedies available to it) suspend or terminate this agreement and the proportion of the monies owed will fall immediately due and payable. The Customer shall pay any costs incurred by Rural Link in relation to such termination.
15 Intellectual Property
15.1 Ownership of and copyright in all documents, technical specifications, design drawings, charts, plans and software shall belong to Rural Link.
16 Dispute Resolution
16.1 In the event of a dispute between the parties in relation to this agreement, the parties shall first seek to resolve such dispute by giving notice in writing to the other party and in good faith endeavouring to resolve the dispute. If the dispute remains unresolved, the parties shall first seek a resolution through the use of mediation or other informal method of resolution before pursuing resolution through the Courts.
17 General
17.1 Assignment
(a) Rural Link may assign or transfer its rights and responsibilities under this agreement to another party. Rural Link will provide the Customer with written notice in advance if it intends to do this.
(b) Rural Link may subcontract the performance of any of its obligations and responsibilities under this agreement to a third party.
(c) The Customer may not assign or transfer any of its rights or responsibilities under this agreement to anyone without Rural Link’s prior written consent.
(b) Rural Link may subcontract the performance of any of its obligations and responsibilities under this agreement to a third party.
(c) The Customer may not assign or transfer any of its rights or responsibilities under this agreement to anyone without Rural Link’s prior written consent.
17.2 Invalid Clauses
(a) If any provision or part of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will be deemed to be amended by the addition or deletion of wording as appropriate to remove the invalid, unenforceable or illegal provision or part, but otherwise to retain the provision and other provision of this Agreement to the maximum extent permissible under applicable law.
17.3 Waiver
(a) No delay, neglect or forbearance by a Rural Link in enforcing against the other any provision of this agreement will be a waiver, or in any way prejudice any right, of that party.
(b) None of the provisions of this agreement will be considered to be waived by Rural Link except when such waiver is given in writing.
(c) No waiver by Rural Link of any breach will be deemed a waiver of any continuing or reoccurring breach, unless it is expressly agreed to be so in writing by Rural Link.
(b) None of the provisions of this agreement will be considered to be waived by Rural Link except when such waiver is given in writing.
(c) No waiver by Rural Link of any breach will be deemed a waiver of any continuing or reoccurring breach, unless it is expressly agreed to be so in writing by Rural Link.
17.4 Relationship:
(a) The parties will perform their respective obligations under this agreement as independent contractors to each other.
(b) Nothing in this agreement will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and neither party may make or allow to be made, any representation that any such relationship exists between the parties.
(c) Neither party will have the authority to act for, or incur any obligation on behalf of, the other party, except as expressly provided for in this agreement.
(b) Nothing in this agreement will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and neither party may make or allow to be made, any representation that any such relationship exists between the parties.
(c) Neither party will have the authority to act for, or incur any obligation on behalf of, the other party, except as expressly provided for in this agreement.
17.5 Survivorship:
(a) Termination of this agreement for any reason will not affect such rights and obligations of the parties as are intended to survive the termination.
17.6 New Zealand Law Applies
(a) This Agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this Agreement.
Last Updated: August 2007