Terms and Conditions

1. About the Terms and Conditions

1.1 The following Terms and Conditions of Sale shall be deemed
incorporated in and shall form part of all contracts involving products and
services
(herein after referred to as “goods” or “services”)
supplied by us. Please read them carefully. You use the service or goods under
the T&Cs and our bound by
them when you agree to be our customer.

1.2 Receipt of any order will be deemed to be acceptance by the buyer of these
terms, notwithstanding anything that May be stated to the contrary in the
buyer’s
orders.

1.3 If something in the T&Cs differs from what you were told by a staff
member, the T&Cs in this document will apply unless we receive written
confirmation
from the staff member you spoke to that you were offered different terms.

1.4 If we don’t enforce our contract rights at any time, it doesn’t mean we
have waived those rights, no matter how long we wait.

1.5 We might change the T&Cs from time to time. We’ll always try and let
you know if the T&Cs are changed.

1.6 The most up to date version of the T&Cs (as loaded on our website) will
always be the T&Cs that apply to your contract with us.

2. Price

2.1 Unless otherwise stated all prices quoted are exclusive of Goods
& Services Tax (GST), insurance, freight and handling charges in addition
to the quoted prices.
We reserve the right to revise its prices at any time prior to accepting on
order. Receipt of order by us from you does not constitute acceptance by the
us.

2.2 The prices quoted may be revised by us subsequent to accepting an order in
the event of any occurrence affecting delivery caused by War, Government
action,
variation in Customs duties, increased shipping charges, higher foreign
exchange costs and any other matter beyond the control of us.
In that event you shall have the right to withdraw your order.

2.3 All prices are in New Zealand Dollars (NZD)

3. Paying for Goods and Services

3.1 Unless otherwise agreed in writing by us. Payment for goods and
services supplied is to be made in accordance with the terms of trade agreed
with you at the time of
application for credit and in accordance with any subsequent arrangements
entered into and confirmed in writing by the us.

3.2 Payment for goods or services supplied on a ‘cash’ basis is to be made
before or at the time the goods or services are uplifted or dispatched.

3.3 If your account has a 60 day balance after the 20th of the month following
due date will be placed on CASH ONLY terms until
the account is bought within the approved trading terms, and at which time
normal credit arrangements restored.

3.4 If your account has a 90 day balance after the 20th of the second month
following the due date will be placed on NO FURTHER SUPPLY and all
technical support for unpaid goods and services will be withdrawn until the
account is cleared in full and normal trading conditions are restored.

3.5 You shall not be entitled to withhold payment or to make any deduction from
the contract price without the prior written consent from us.

3.6 Receipt of cheque, bill of exchange or other negotiable instrument by us
shall not constitute payment and you will remain liable for the full contract
price until
such cheque, bill of exchange or negotiable instrument is paid in full.

4. Default on paying for Goods and Services

4.1 All invoices not paid in full shall bear late payment fee of $15.00
inc GST if not paid within 20 days of the invoice date, and a re-occurring late
fee of $15.00 inc GST
each month that the invoice remains unpaid in full but without prejudice to our
other rights and remedies in respect of your default in failing to make full
payment
on the due date.

4.2 You will upon demand pay to us all moneys (including but not limited to
solicitor costs, Court costs and disbursements) incurred by us in recovering
payment of any
overdue amount.

4.3 Payments by you shall be applied first in the reduction of interest,
liquidated damages and costs due pursuant to 4.1 and 4.2, the balance then
being in reduction
of any amounts due under 3.1 (other than any amount witheld as a result of a
dispute).

5. Delivery of Goods

5.1 Goods are offered subject to availability and we shall not be
responsible or liable in any way to you for delays or defaults or consequential
loss or damage arising
therefrom.

5.2 Delivery of goods shall be made to the place indicated in the order or if
no place is indicated then delivery shall be made to your place of business as
per current
details of this location held by us. We will take all reasonable steps to make
delivery at the time requested by you but shall not be responsible for delays
or defaults or consequential loss or damage arising therefrom.

5.3 We reserve the right to deliver the goods by installments and each
installment shall be deemed to be a separate order under the same provisions as
the main
order. Should we fail to deliver or make effective delivery of one or more
installments this shall not entitle you to repudiate the main contract.

5.4 Delivery of 10% more or less in the quantity of the goods ordered by you
shall constitute performance of any order, the amount under or over supplied to
be
deducted or charged for on a pro-rata basis.

5.5 No claim for any discrepancy of shortage in the goods delivered will be
admitted unless it is made in writing to us within 48 hours of delivery.

6. Cancellation of Goods orders

In the event that you cancel any order subsequent to despatch by us to
you (regardless of whether or not the order(s) has/have been delivered to you)
we will credit you for the order value less the restock fee (as per clause 8)
on return in saleable condition of the items ordered provided such returns are
within 7 days of despatch. Freight charges will not be credited.

7. Goods returned for credit

7.1 Unless agreed in writing by the issuance of a Return Materials
Authorisation (RMA) form by us. No goods will be accepted for credit after
despatch,
If we agree to accept the goods for credit, we will credit you the invoice
value less the restock fee, less freight charges, on return of the goods
ordered
in saleable condition.

7.2 No goods will be accepted for credit after 30 days from date of the invoice
on which such goods are described.

7.3 Goods returned must be in as new condition in the manufacturers (or
supplier�s) original containers, unsoiled and undamaged.

7.4 Goods returned must be accompanied by number and date of supplying invoice
and a valid RMA number which must be clearly displayed on the packages(s).

7.5 No goods will be accepted for credit where original packaging is not
provided or any shrinkwrap packaging is broken or seals on disk packaging is
broken or
any part of goods originally supplied are missing.

7.6 Must not be a procured item.

8. Restocking of Goods fee

All goods ordered in error by you or goods you wish to return are
subject to a restock fee. The restock fee is $20.00 or 3% of the original
invoice value of the goods, whichever is the greater.

9. Risk and title to Goods

9.1 The goods shall remain our property so long as we are owed any money
by you for those particular goods.

9.2 Risk in any goods supplied shall pass to you at the point of delivery.

9.3 Until payment in full is made in terms of clauses 3.1 and 3.2;

9.3.1 All goods supplied shall remain the our sole and absolute property.

9.3.2 You acknowledge that you retain possession of the goods in trust for us
as the beneficial owner.

9.3.3 You shall store the goods on your premises in such a manner as to make
them readily identifiable as belonging to us and shall display such
identification as
may from time to time be requested by us.

9.3.4 You will upon demand being made by notice in writing signed by us of some
person appointed by it for such purpose and served or posted too you at your
place
may of business registered office or residential address, assign all proceeds
of the sale to us.

9.3.5 Where we have reasonable cause to believe you have not strictly complied
with the Terms and Conditions or that you have or will commit an act of
Bankruptcy
or (being a Company) has had a receiver appointed or is about to be appointed
or is declared or becomes insolvent, the we may repossess any or all of
the goods supplied and may at any time of the day or night enter by force if
necessary upon any premises where such goods are reasonably thought to be
stored.
You shall indemnify us against any claims, costs and liabilities arising from
the exercise of this right of entry.

10. Purchase of Goods and the Consumers Guarantees
Act

10.1 Where we supply goods to you for the your use in a business you
agrees that the Act does not apply.

10.2 Where we supply goods to you as a ‘consumer’ as defined in the Act for a
non-business purpose the Act will apply and prevail over any contrary provision
in these Terms and Conditions.

10.3 Where in any case you are a ‘supplier’ (as that term is defined in Section
2 of the Act) then;

10.3.1 you shall notify any ‘consumer’ prior to any sale of any defects or
limitations in the goods and/or any common purpose for which the goods are not
suitable.

10.3.2 you shall, to the extent that the consumer is acquiring goods for the
purposes of a business contract out of the provisions of the Act to the extent
permitted by law
and shall not give or make any undertaking, assertion or representation to such
customers in relation to the goods without the our prior approval in writing.

10.4 You acknowledge that we do not provide any Express Guarantees (as defined
in the Act) other than those expressly confirmed by us in writing.

10.5 You agree to indemnify us against any liability of cost incurred by us
under the Act as a result of any breach by you of your obligations contained in
these
Terms and conditions of sales. You agrees to notify us in writing as soon as is
reasonable of any defects in the goods and the nature of such defects.

10.6 Whenever the Act does not apply to this contract we accept no liability
for any claim in respect of the goods by you or any other person, including
without limitation
any claim relation to or arising from any conditions, warranties, descriptions,
representations, conditions as to fitness or suitability for any purpose, tolerance
to
any conditions, merchantability or otherwise, whether express or implied by
law. Trade custom or otherwise or any representations, warranties, conditions
or
agreement made by you which are not expressly confirmed by us in writing and
you agree to indemnify us against any such claim.

11. Exclusion of Liability on Goods

11.1 We shall not be responsible for any damages whatsoever caused
either to the products supplied or as a result of the malfunction of such
products in the event
that such products are fitted by unqualified tradesman of if such products be
fitted in any untradesman like manner and or/if such products are in any
way adapted to a use to which they are not specifically intended and/or if such
products be added to or repaired using components not recommended or
approved by the manufacturer of such products.

10.2 We will not accept responsibility for damage resulting from your misuse,
tampering, unauthorised modification, improper transportation or storage, or
accident.
We shall not be liable for incidental or consequential damages arising from the
sale or use of goods supplied by us. Such damages include,
but are not limited to, costs of removal and reinstallation of goods costs of
testing, loss of goodwill, loss of profits, or loss of use.

12. Guarantees and Conditions of Goods

12.1 Except as provided under the Consumer Guarantees Act or in
sub-clause 12.2, no warranty or condition shall be implied herein against us by
Statue,
Common Law, Law Merchant or otherwise howsoever and no representation or
express condition or warranty shall be binding on us, unless it be in writing
and signed for on our behalf.

12.2 Where the goods or any of them are subject to an express warranty given by
the manufacturer or the parties supplying the same to us in either case being a
warranty upon which we may rely, then the terms of such express warranty shall
be deemed to be incorporated herein but without creating any privity if
contract between you and such manufacturers or suppliers to us and in such cases
where a claim is made by you under such warranty, the judgement of the
manufacturer or supplier as the case may be as to whether or not there has been
a breach of the said warranty shall be final and binding upon us and you.

13. The Service

13.1 What we do
We will provide you with the service subject to the T&Cs and you complying
with your responsibilities. We will use our best endeavours to provide you with
an uninterrupted service. However, there are things that are not within our
control that can interrupt the service. These include:

(a) Power Supply: Our service(s) require an uninterrupted
power supply to operate. If the power supply at the address where you use the
service(s) is
interrupted, you will be unable to access the service(s).

(b) Problems with your equipment: If your personal equipment
breaks down or is infected by an electronic risk such as a virus or a worm you
will not be
able to utilise the service.

(c) External Factors: Because our service(s) relies on many
external factors, such as equipment that has been installed in third parties’
properties,
atmospheric conditions and third party supplies to us, there may be times when
one of those external factors lets us down. In these instances,
there may be an interruption to our service(s) to you.

(d) You’re in breach: If you breach any of your
responsibilities under the T&Cs, we may be entitled to suspend or cancel
your ability to access the service(s).
You should make sure you’re aware of what your responsibilities are under the
T&Cs.

14. The Service Contract

14.1 How old do you have to be?
You must be at least 18 years old to enter into a contract with us unless your
parent or guardian authorises the contract in writing.

14.2 When does your contract start?
You have a contract with us when you log on to the service for the first time
or we have started provisioning your connection.

14.3 Can we transfer your contract?
Provided the service is still provided to you, we are allowed to transfer your
contract to another person, firm or company at any time with your written
consent. We can also sub-contract our obligations to someone else without
notice. We will remain responsible to you for our obligations if we
sub-contract.

14.4 How long does it take?
We will respond to requests within 24 hours to arrange an appointment for
equipment to be installed at your property.

15. Paying for the Service

15.1 When do you pay fees?

(a) Fees: Your fees may be paid by credit card, internet
banking (and if you are a post-pay customer), automatic payment.

(b) Pre-pay: If you are a pre-pay customer, we will provide
you the agreed amount of the service until the amount you have prepaid has been
spent or has
expired which ever happens first. It will then be up to you to recharge your
account. You can recharge your account whenever you wish provided that if
your log-in details have not been used for 12 months, they will be deleted.

(c) Post-pay: If you are a post-pay customer, we will provide
you with the service so long as you continue to pay. You will pay on the day
and in the amount
we have agreed with you in your application but subject to the T&Cs.

15.2 Automatic Payments generally

(a) Payment Date: We will take the fees due on the dates we
have agreed on with you in the contract.

(b) What you must do: It is your responsibility to:

(i) tell us if your credit card is expiring and supply the new credit card
number and expiry date;

(i) make sure that you have enough money to pay the fees when they are due to
be paid from your bank account or credit card;

(iii) not cancel a automatic payment for the payment of fees without our
agreement.

15.3 What happens if you pay post-pay fees late?

(a) Automatic Payment: We will continue to attempt to take
payments of fees from your account. We will do our best to contact you to let
you know that a payment
has been dishonoured to avoid you incurring further costs. If we can’t get in
contact with you, we will not be responsible for any costs you incur through
your
bank. If a payment is dishonoured, we will pass any costs or loss that we are
charged or incur on to you. These will become a debt owed by you to us.

(b) Dishonoured Payments Generally: If you are late in making
a payment of fees (even if we hold a direct debit authority), we will charge
you for any costs
we incur in obtaining the payment from you. This will be administration costs
at our end trying to contact you and sort out the failed payment. If it gets
that far, the costs we will charge you include any costs charged to us by a
debt collector or lawyer (on a lawyer to client basis) in trying to obtain
payment
from you. Late payment fees will also accrue on outstanding invoices not paid
in full at the rate of $15.00 inc GST per month.

(c) Suspension: In addition to the rights we have in the
clauses above this, we will suspend your ability to access the service until
all payments (including
any costs we’ve charged you) have been brought up to date. This means you will
not be able to use the service during that time. You obligations to keep
paying your fees will not stop during this period.

(d) Cancellation: We may simply decide to cancel our contract
with you if you fail to make a payment
when it is due. We don’t have to go through all of the steps above before we
cancel – it’s up to use when we cancel for non-payment.

15.4 How does GST apply?
Your fees include GST. If the Government increases the rate of GST, your fees
will increase to take into account the extra GST. We will notify you of any
increase before it happens.

15.5 Can we increase fees?
We reserve the right to increase your fees. We will do our best to give you a
months notice of any fee increase. So long as we’ve made reasonable attempts
to give you notice, you agree that we may increase any debits taken from your
account under a direct debit agreement. Fee increases will be shown on our
website well before they take effect.

15.6 Credit Card Processing
We do not have access to your credit card information. We use Payment Express
to securely handle credit card information.
Payment Express is a PCI DSS Compliant Service Provider.

16. Your Responsibilities using the Service

16.1 Can you transfer your contract to someone else?

You are not allowed to transfer your contract to anyone else.

16.2 Your log-in details

We will provided you with your log-in details. You are responsible for
protecting the security of your log-in details. You are
responsible for all use of your log-in details even if it wasn’t actually you
that used them. You have full responsibility for the use of your log-in details
and the use of the service by someone who has used your log-in details to
access the service as if it was you who had logged in and used the service.

16.3 What are your responsibilities?

(a) Pay fees even if you don’t use the service: It is up to
you to use the service you are paying for. If you are a post-pay customer,
paying your fees does
not depend on how often you use the service. If you are a pre-pay customer,
it’s up to you to make sure you use the service before any amounts you
have pre-paid expire.

(b) Keep us informed: You must tell us about anything that
affects your contract, and changes to your postal address, email address,
contact numbers
and nominated bank details.

(c) Your Promise: On the day your contract starts and each
time you use the service, you promise that you will not use the service :

(i) in such a way that breaches the laws, rules or regulations of any New
Zealand;

(ii) to transmit, receive, distribute, post, upload, email or store material
(intentionally or unintentionally) or that:

A). infringes copyright or a trademark, trade secret or any other intellectual
property of a third party;

B). is obscene, threatening, abusive or hateful or in any way harasses a third
party;

C). commits a fraud of any kind (including but not limited to the operation of
“chain letters”, “pyramid schemes” or “ponzi schemes”);

D). threatens or encourages bodily harm or destruction of property;

E). harms or attempts to harm a child or children in any way;

F). resells the services without our written consent; or

G). breaches a third party’s privacy;

(iii) to infringe a third party’s privacy by (including but not limited to)
spying on a third party or attempting to obtain private information from that
third party;

(iv) in such a way that (intentionally or unintentionally) adversely impacts on
other people’s ability to use the service; or

(v) breach any acceptable use policy that we may publish on our website from
time to time,

we will have the final say on whether you have breached our acceptable use
policies.

(d) Indemnity: You will indemnify us against any claims that
are made against us by a third party because you have misused the service. This
indemnity
will extend to costs we incur defending a claim of this sort (on a solicitor to
client basis).

(e) Hosting Partners and our equipment: Where you are a
hosting partner, you acknowledge and agree that:

(i) you will be provided with a free data quota or commission in consideration
for you allowing us to place our equipment at your property;

(ii) you will pay our standard rate for data for every gigabyte that you exceed
your free data quota as a post pay customer;

(iii) the equipment we place at your property will always be our property. You
will not obtain any ownership rights to our equipment at any time;

(iv) you will allow and ensure your power supply to available at all times to
be utilised for the purposes of the operation of our equipment. If you become
aware that your power supply may be disconnected or compromised in any way, you
will notify us immediately and allow us to take whatever action
is necessary to ensure continued power supply (including but not limited to
making payment to your electricity supplier). You indemnify us against
any costs we incur in taking this action;

(v) you will allow us unrestricted access to your property to inspect, maintain
and replace our equipment. We will do our best to give you reasonable
notice when we intend visiting your property – however, in an emergency we will
have no option but to visit your property without notice;

(vi) if you notice that our equipment is damaged or has disappeared, you will
let us know as soon as possible; (vii) if your contract is cancelled for any
reason or your cease to be a hosting partner, you will allow us access to your
property to retrieve our equipment and will give us a reasonable period
of time to do that. For the avoidance of doubt, you agree that a reasonable
period of time is 1 month from the date of cancellation (or hosting partner
cancellation) or when we have located another hosting partner, whichever
happens later; and

(viii) you will be liable to us for any damage you intentionally cause to our
equipment.

16.4 What happens if you break your promise?

(a) If you breach the T&Cs or breach your promise to us, we:

(i) Warning: may give you a warning about your behaviour. The
warning will include a statement that you run the risk of having your contract
terminated
if you continue to behave in the same way;

(ii) Suspend: might suspend your ability to access the service
while we consider any final options; or

(iii) Cancel: can terminate your contract immediately.

(b) If we decide that you have broken the law using the service, we reserve the
right to pass any and all relevant information on to the relevant authorities.
The promise we have made to you regarding your privacy will not apply in this
regard.

17. Cancelling Your Service Contract

17.1 By you: If you wish to cancel your contract:

(a) and you are a pre-pay customer, simply stop logging on to the service. Any
amounts you have pre-paid to use the service will not be refundable and the
service will expire when the pre-paid amount you purchased has expired. Your
log-in details may be deleted if they have not been used for 12 months;

(b) and you are a post-pay customer on no term contract, you must provide us
with a minimum of 1 month notice in writing. It is important that you keep a
record of
your request to cancel your contract. You must also return all of our equipment
at your cost within 7 working days of the service termination date.
we reserve the right to invoice you for equipment not returned and/or costs we
incur to retrieve our equipment;

(c) and you are a customer on a 12,24,36,or 48 month contract, you must provide
us with a minimum of 1 month notice in writing and pay the early termination
fee immediately which is $399 inc GST.
It is important that you keep a record of your request to cancel your
contract.You must also return all of our equipment at your cost within 7
working days of
the service termination date, we reserve the right to invoice you for equipment
not returned and/or costs we incur to retrieve our equipment;

17.2 By us: Unless we cancel your contract under clause
16.4(a)(iii), we can only cancel your contract:

(a) if you are a pre-pay customer, by notice which will expire 1 month after
the date of the notice or once your current pre-paid amount has expired or been
spent using the service whichever happens first;

(b) if you are a post-pay customer, by giving you 1 month notice.

17.3 No Compensation: We don’t have to state a reason for
cancelling your contract and will not have to pay you any compensation if we do
cancel (including if
we cancel under clause 5.4(a)(iii)).

18. Our Liability to You supplying the Service

18.1 Exclusion of Liability: To the full extent allowed
by law, we exclude all liability from us providing the service to you or
failing to provide the service to you if that
is the case.

18.2 Unforeseen Issues: We will not be liable to you if we are
unable to provide the service to you because of something that is outside our
reasonable control.

18.3 Consumer Guarantees Act: Nothing in the T&Cs cancels
our obligations to you under the Consumer Guarantees Act 1993. However, if you
use the service
for business purposes, you acknowledge that the Consumer Guarantees Act 1993
does not apply.

18.4 Limitation of Liability: Where we are liable to you for
any failure on our part that liability will at all times be limited to the fees
you have paid us. In no
circumstances will we be liable for indirect, consequential or special losses
you suffer. This includes, but is not limited to, loss of income or fees paid
to
another supplier.

19. Privacy

19.1 Personal Information: As part of your contract
with us, we may have access to personal information about you. This information
may include your bank
account details. We will only use, disclose or copy your information for the
purposes of managing your contract. We will keep your personal information
secure. You will be entitled to view the details of all personal information we
hold about you at any time.

19.2 Storing of Information: As part of ensuring you comply
with your responsibilities, we will also be able to access the full history of
your use of the service,
including what websites you have visited, what you have downloaded, what you
have submitted, blogged or posted and what you have transmitted to third
parties. This information may be stored for certain periods of time in our
discretion. We will only use, disclose or copy this information if we deem it
necessary for the protection of you or a third party due to a law having been
broken.

20. ID Check, Credit References and Provision of
Related Services

20.1 You authorise us to check your identity (by obtaining a Driver
Check from NZTA), and your credit status with any credit reference agency as we
see fit from time
to time and to pass on credit information about you to any credit reference
agency at any time. If you are not satisfied with the information about you
which we
receive from any credit reference agency, you must deal directly with the
credit reference agency.

20.2 If you do not give us the names of any credit referees when we ask for
them, or we are dissatisfied with the information regarding your credit status,
we can decline
your application or terminate your connection to our network.

20.3 We may ask for a security deposit and/or impose other conditions upon
approving your application. These may include, but are not limited to, a
mandatory payment
method or credit limit.

20.4 When you ask for any additional Services (eg. upgrade in your monthly
plan), we can ask for further credit referee(s) and/or a security deposit for
that service and may
also impose a credit limit.

20.5 We may decline your application (and/or any request for additional
Services) or provide a restricted Service at our discretion and we do not have
to disclose our credit
criteria or the reasons for our decision.

21. Disputes

If you wish to raise a genuine dispute regarding an Invoice you must do
so in writing within 20 days of the date of the Invoice. We will consider any
issues raised in good
faith and will promptly advise you of any resolution.

22. Applicable Law

The contract and the T&Cs are interpreted in accordance with the
laws of New Zealand. If we have a disagreement, New Zealand laws apply to that
disagreement
and if we get that far, any court proceedings will need to be filed in New
Zealand.

23. What the words in the contract and T&Cs
mean

Word Meaning
PureLink, we, PureLink Limited (New Zealand company number 8130207)
us, our

you, your A customer of PureLink

contract This is between PureLink and you, under which you will become a
customer of PureLink. The contract includes the T&Cs,
the on-line application you filled in and all information you have given to us
together with any other terms we have agreed with you

fees The fees that you pay to PureLink during your contract for the supply of
the service

hosting partner A customer who also agrees to our network transmitting
equipment being installed at the customer’s property. A hosting partner will
have special terms added to their contract as agreed with the hosting partner
or otherwise set out in the T&Cs

log-in details The account name and password we provide you to enable you to
access the service including any changes to the password that you
make after the first password has been given to you

notice Written advice that an event is going to happen or has happened. A
notice must be delivered to the correct address of the person
receiving it, faxed to them or emailed to them. A person giving a notice must
ensure that the notice has been received

pre-pay customer A customer who pays in advance for the service either by
topping up with a credit card or by purchasing vouchers

post-pay customer A customer who pays in arrears for the service either by
credit card, automatic payment, direct debit, customer initiated payment.

our website www.purelink.nz

service Our services provided to customers subject to the T&Cs including
wireless internet service and any other service we offer to customers

personal equipment The equipment that you use to access the service including
but not limited to a computer, note book, smartphone (eg iPhone),
tablet (eg iPad) and any ancillary equipment used to enable the personal
equipment to access the service

staff Employees and agents of PureLink or, if the context applies, any other
organisation

T&Cs These terms and conditions together with any amendments made to them