Terms & Conditions

Standard Terms & Conditions for Northland Connect Limited Products & Services

You Agree With Us That…

1. As a customer of Northland Connect Limited these terms form the basis of Northland Connect’s contract with you. Our contract with you also includes your application or purchase order form which you complete and provide to us. You will be bound by a facsimile copy of our application or purchase order form as if it was an original. If you complete an application or purchase order form online you will be bound in the same manner as if you had signed an application in writing. Our contract with you also includes our currently applicable price list. The price list may change at any time; Copies of the price list are available from us, upon request. If you use Northland Connect Internet Services, our Acceptable Use Policy for Internet Services will also apply and form part of our contract with you. If you use Northland Connect VoIP Services, our Terms and Conditions for VoIP Services will also apply and form part of our contract with you. Our Acceptable Use Policies may be viewed on our website www.northlandconnect.co.nz or are available from us, upon request. Any claim or dispute arising hereunder shall be subject to and in accordance with the Arbitration Act 1996.

2. We may amend these terms at any time. This will vary our contract with you. When we do this we will post a copy of our amended terms on our website at https://ncl.net.nz It will be your responsibility to visit our website to obtain a copy of our amended terms. We will send you a copy upon request. Any amendments we make will apply seven days from the amendment date of our Terms and Conditions. We will interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.

3. In this contract we use the terms:
a)“Northland Connect”, “we”, “our”, and “us” to refer to Northland Connect Limited and it’s representatives.
b)“you” and “your” to refer to the person who is identified on the front of this form as our customer
c)“Network” to refer to any of the networks operated by Northland Connect or other carriers used to provide you with various services from Northland Connect.
d)“Internet” to refer to the World Wide Web
e)“Internet Services” to refer to all Internet services provided by Northland Connect Limited
f)“VoIP Services” to refer to all VoIP services provided by Northland Connect Limited
g)” Equipment” to refer to all goods we, as your agent, have purchased on your behalf.
h)” Suppliers” to refer to any legal entity from which, as your agent, we have ordered or purchased goods.

Our Service Commitment to You

4. Once you are connected to our Network it is our aim to provide you a with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When your connection is disrupted we will do our best to reinstate our service to you as soon as we can.

5. Northland Connect Phone Support is available 24 hours per day, 7 days per week via the 0800 126 226 free calling number
a) Phone Support will allow you to log any service issue, a Northland Connect representative will contact you within 24hrs of this call.
b) Most issues will be remedied via Remote Support this is free of charge. It may require you to provide our technician with information about your system however you will be given directions as to where to obtain any necessary details.
c) If Onsite Support is required a charge will apply. This will be set at the discretion of Northland Connect Ltd and is currently a call out fee of $1 per kilometre travelled to the installation site plus $75 per hour labour.
Service enquiries can be directed to the following:
Telephone: 0800 126 226 or Email: support@ncl.net.nz

6. We will supply the service to you in whatever way we think is appropriate. We can choose the carriers and suppliers used to provide our services and we can change the carriers or suppliers at our discretion.

7. From time to time we will advise you about ways in which you can access our Network. At present we can provide you with coded access to our Network.

Paying Your Account

8. You acknowledge that:
a) All services are paid for in Advance on a calendar month basis. Payment date correlates directly with the date you sign up for the service.
b) We will invoice you, via the email address you have stated to be your preferred email address (or postal address if you have requested posted invoices), one week prior to the final due date for payment of any monthly plans.
c) Should you disconnect the Service prior to the end of a monthly term no refund is available.
d) Expiration of the term or Disconnection of service will not excuse you from paying all accrued and unpaid charges due under any Agreement with Northland Connect.
e) Any services not paid for in advance will not be provided.
f) You may purchase additional data (at a cost of $2 per GB) or upgrade your plan(s) at any time.

9. You agree that you will:

a) Pay for all goods and services we provide to you, regardless of whether it is you who uses them unless otherwise stated. Our charges are Inclusive of GST.
b) Pay a fee of 3% of the total amount required for payments exceeding $3000 GST inclusive, made by credit/debit card only. Payments made by cash, bank cheque or direct transfer do not incur this charge.
c) Be liable for any charges incurred where your modem is programmed to dial overseas numbers without your knowledge or direction. We accept no liability for such charges and may refuse to reverse such charges from your account. It is the customer’s responsibility to safeguard their PC.

d) Notify us immediately if you dispute any charges, give us full details of the reason you are disputing the charges and evidence of the grounds for your dispute. We will not recognize any claim if you do not notify us of any disputed charges within 60 days of the date on which the account in dispute was sent to you. We will look into any claim which is made within the appropriate timeframe and you will comply with our good faith decision on the claim. You must pay the undisputed charges by the due date for payment to ensure continued service.
e) All Northland Connect services and can be paid for by any of the following means:
i. Cash payment to one of our representatives.
ii. Bank cheque.
iii. Direct payment (deposit or online transfer into our bank account), payment by cheque or direct payment will not be considered paid until fully cleared through the banking system into Northland Connect’s bank account.
iv. Online at www.ncl.net.nz
Please ensure you provide your initials and surname as a reference when paying by options iii & iv.

10. Where Northland Connect has agreed to extend credit to you (as an organization or company) the following conditions also apply:
a) If payment is not made by the due by date we may charge you interest at a rate we specify and which is equivalent to our bank overdraft interest rate plus 2% per annum on the overdue amount from the due date until payment of the relevant amount
b) We may recover from you all legal and other costs incurred by us, arising from the collection of any amount which you owe to us and which you do not pay to us when due. If this payment pertains to the purchase of equipment a repossession fee may also apply, this will be equivalent to an onsite support fee.
c) Northland Connect may withdraw credit facilities at any time without notice.

Your General Responsibilities

11. You agree that you will:
a) Ensure that all of the information you give us is correct and complete.
b) Comply with any legal requirements concerning the use of our services.
c) Comply with any requirements of any other carrier in relation to the use of its network.
d) Ensure that, under no circumstance, any settings programmed by Northland Connect are changed or tampered with. Evidence of this will result in legal action to recover all costs associated.
e) Make sure everyone you are responsible for also meets these responsibilities.
f) Do everything necessary to enable us to use and take over responsibility for your telephone and facsimile numbers to the extent this is necessary or desirable to enable us to provide our services to you.
g) Provide reasonable access to our employees, contractors and representatives authorised by us or any other carrier to carry out any work required for the commencement, operation and continuance of our services to you, and the maintenance of the Network. We will normally carry out this work by appointment and during normal working hours. However, if we need to perform the work at any other time you must provide us with the access we require.
h) Adhere to Northland Connect’s Acceptable Use Policies as set out at
https://ncl.net.nz as amended from time to time.
i) Provide us with Internet login and Email information to enable us to rectify any faults with either the Network or your connections.
j) Contact your previous provider to ensure that any services transferred to us have been noted as such, and that you will no longer get billed for these services.

12. You are responsible for ensuring that all calls or other communications (collectively, “calls’) specifically or inadvertently directed into our Network from your communications equipment or systems (including but not limited to telephone, facsimile, PABX, VoIP Softswitch, gateway, computer software or hardware) relate to:
a) Services that you have ordered from us; and

b) Services that we have agreed to provide to you and do not relate to services you have agreed to take from another carrier. You must ensure that if you have any pre-programmed calling procedures, then prior to the commencement of our service to you, all such pre-programmed calling procedures are deleted or removed from such equipment or systems.

13. If the obligations in paragraph 11 are not complied with:
a) You will be liable for our charges in conveying or dealing with such calls; and
b) You will not be entitled to receive any discount or benefit you would have received had you complied with those obligations.
Suspension or Disconnection

14. If at any time you exceed your Debit Limit we will suspend the provision of our services to you. You must then pay for the service(s) in advance for service to recommence.

15. If you do not meet all or any of your responsibilities under this contract we may suspend or disconnect you from our Network, discontinue any other services we provide to you and/or terminate our contract with you.

16. We may suspend or disconnect you from our Network if another carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.

17. We may suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.

18. If you are suspended or disconnected from our Network for failing to meet any of your responsibilities under this contract you may be required to pay a recommencement fee, at the discretion of Northland Connect, before you can use our Network again. All costs and expenses of or incurred by us as a result of suspension or disconnection and any recommencement shall be payable by you upon demand.
19. Normal charges, as outlined in our price list, will not be refunded during your suspension or disconnection from our Network.

Supply of Equipment

20. You agree that:
a) Northland Connect will act as your agent in the purchase of any equipment required for the use of our services.
i. Equipment will be shipped directly to Northland Connect to be programmed ready for installation.
ii. A processing fee for each order be will charged, this will be set at the discretion of Northland Connect.
b) All prices are set by Northland Connect with following conditions;
i. Unless otherwise stated prices are GST inclusive and may incur additional insurance, handling and shipping charges.
ii. Prices are subject to change without prior notice.
iii. Any backorders orders at the time of a price change, in accordance with our supplier’s terms and conditions, will reflect the new price.
c) Any variation, waiver or cancellation of an order by you shall have no effect unless accepted in writing by Northland Connect. Where Northland Connect accepts cancellation we may levy a handling charge of up to 15% of the price.
d) Where You or Northland Connect agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Northland Connect.
e) Northland Connect reserves the right to refuse to accept any order, or any part of any order, for any reason whatsoever.
f) Unless a prior arrangement has been made with Northland Connect, equipment will not be ordered until payment has been received in full.
g) Where Northland Connect has agreed to extend credit to you (as an organization or company) the conditions set out in 9 and 10 apply.

Liability and Maintenance Guarantee for Equipment

21. Northland Connect, as your agent, will ensure that equipment ordered is fit and suitable for use with our network. This may mean that cheaper alternatives are not available.

22. You are entitled to only such benefits as are provided to Northland Connect by our suppliers and the manufacturers of the equipment.

23. In lieu of any warranty, condition or liability by law Northland Connect’s liability, in respect to the equipment supplied, or for any loss, injury or damage attributable thereto, is limited to making good the replacement or repair of any defects arising under the normal proper use and maintenance arising solely from faulty design, materials or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply by our supplier, provided always that such defective parts are promptly returned to Northland Connect, unless otherwise arranged. Northland Connect shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances whilst acting as your agent. On the termination of the appropriate period (i.e. guarantee, warranty or 12 months as indicated above) all liability on Northland Connect’s part ceases.

24. The warranty does not cover damage from misuse, accident, negligence, inappropriate or improper operation, maintenance, installation, modification or adjustment. The warranty does not cover damage caused by electrical power sources or lightening storms.
Shipping of Equipment

25. In accordance with our supplier’s terms and conditions the following conditions apply:
a) Delivery of equipment may be as one installment or by installments and shipping costs will reflect the true cost of delivery, this includes urgent or Saturday deliveries.
b) Any quotations of delivery dates are made in good faith but are estimates, Northland Connect shall not be bound by such quotations.

26. Equipment purchased on your behalf can only be returned with the written approval of Northland Connect.

Installation

27. We will, as soon as reasonably practicable, arrange for an employee or contractor to supply, deliver and install the Equipment at the agreed installment site(s). We are not obliged, during the installation of the Equipment, to run cabling within wall cavities. You may be required to pay a cabling/installation fee to our employee or contractor, as determined by us and/or our employee or contractor.

28. You will, at your own expense, secure and maintain all necessary approvals and consents (including any landlord, property owner or body corporate consents/approvals) for the installation of the Equipment at or in the installment site(s), for any alterations to the installment site(s) needed to install such equipment and for our right of access under paragraph 11. g) We will have no responsibility whatsoever in relation to any such approval or consent.

Compensation and Liability

29. If you are a residential customer, you may have rights under the Consumer Guarantees Act 1993 in addition to the rights set out in this contract and the terms of this contract shall apply subject to the provisions of the Consumer Guarantees Act 1993. If, however, you receive goods or services from us for the purposes of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.

30. Subject as above we make no representation and give no assurance, condition or warranty of any kind to you in relation to the goods or services that we provide to you and we accept no liability for any direct or indirect or consequential loss or damage of any kind arising out of or attributable to any breach by us of any warranties, conditions or obligations under this contract or negligence or otherwise.

31. None of the persons referred to below are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by this contract:
a) our directors, employees, agents, representatives and contractors;
b) other network operators who use our Network and allow us to use their networks, and their directors, employees, agents, representatives and contractors; and
c) our suppliers, to the extent of their individual terms & conditions; and

d) any person who provides any service, which is part of our services, and their directors, employees, agents, representatives and contractors.

32. We 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 our ability to provide our services to you or any other cause beyond our reasonable control.

33. We will accept no responsibility or liability for any loss or damage, including, without limitation, indirect and consequential losses, caused by an “ACT OF GOD” which affects our ability to provide our services to you.

34. If any of our services fail to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrier’s service charges.

35. This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.

36. To the extent permitted by law if, despite the provisions contained in the previous section, we or another carrier is liable to you for any breach of this contract, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following:
a) If the breach relates to the provision of services:
-supplying of the relevant services again; or
-payment of the cost of having the relevant services supplied again; and
b) If the breach relates to goods:
-replacement of the relevant goods or supply of equivalent goods;
-repair of the relevant goods;
-payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
-payment of the cost of having the relevant goods repaired.

37. Regardless of the legal basis of any claim of any kind made against us, our maximum liability to you will be limited to the lesser of the price paid for the goods or services supplied by us which give rise to that claim or the price paid for the goods or services supplied by us to you during any 12-month period.
Privacy and Personal Information

38. You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.

39. We will treat all personal information in a manner which meets the requirements of the Privacy Act 1993.

40. You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.

41. We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business. For all other purposes we must obtain your permission prior to releasing the information.

42. All information held by us will be held at our offices. You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

43. You agree that we may monitor and record calls that you make to us or that we make to you for the purpose of maintaining and improving the quality of our services to you.
Other Terms

44. Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.

Invoices and Notices

45. We will deliver our invoices and any other notices to the email address that you have stated to be your preferred email address. We may assume that any such invoice or notice has been received by you at the time that the invoice or notice enters the information system to which your email address relates.

46. Where we are unable, for whatever reason, to deliver invoices or other notices to the email address you have given us, we will deliver invoices and any other notices to the most recent postal address provided by you. We may assume that any such invoice or notice has been delivered five days after we have posted it.

47. If you change your email or postal address or move premises it is essential that you inform us of this event in writing. This enables us to aid you in receiving an uninterrupted supply of our services to you. If you do not inform us
of this event, we may not be able to ensure the continuous supply of our services to you.

Assignment and Delegation

48. We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.

49. We may also subcontract the performance of any of our responsibilities under this contract to anyone else.

50. You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
Terms Separately Binding

51. If, for any reason, any provisions of this contract cannot be enforced or relied on by either of us, all other terms of our contract with you remain binding.
Waiver

52. If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.

Termination

53. If you want to end the contract between us please write to us at P.O Box 49, Paihia 0247. Our agreement will end and all services will cease 30 days after you give us notice that you wish to end this contract. Any unused data will expire at this time.

54. If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you immediately without notice. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.

55. On termination of our contract with you, we will cease providing our services to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you 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 you.

Force Majeure

56. If we are prevented from carrying out any of our obligations under this contract by reason of any act of God, inclement weather, floods, earthquakes, fires, volcanic eruptions, acts of government, civil unrest, strike, sanctions, failure or interruption of equipment, systems or facilities, or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and their expected duration. The performance of this contract will, to the extent that it is made impossible or impractical by such circumstances, be suspended until such circumstances cease to prevail.

New Zealand Law Applies

57. This contract is governed by New Zealand law and any claims made by you must be brought and heard in New Zealand.

You must be over 18 to apply for this service.

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