1. IMPORTANT NOTICE
The Consumers Guarantees Act 1993 may apply to services we provide to you if you acquire these services tor personal, domestic or household use. If this Act applies, all rights you have under it apply in addition to the rights of this agreement. Nothing in this agreement will limit or exclude your rights under this Act.
>Where you acquire, or hold yourself out as acquiring, our services and products for the purposes of a business, then you agree that your rights are subject to the terms of this agreement only. In particular, you agree that the provisions of the Consumer Guarantees Act will not apply to your connection to our services and products or to the supply of nor services to you, please read clause 11.
'Page 1', 'us', 'our' and 'we' means Page 1 Limited, as successors, transferees and assigns together with any other party, organisation, company, contractor, sub-contractor, employee directly or indirectly associated with Page 1 Limited in any appointed capacity.
'Network' is the Page 1 paging telecommunications network.
'Call Centre Services' is the Page 1 messaging centre where calls are received by telephone on behalf of Subscriber and those messages are relayed to the Subscriber by the network or as otherwise agreed in writing.
'Subscriber', 'you' and 'your' are references to the Company or firm described as the customer including its successors and assigns, or in the case of a natural person, includes his executors, administrators, successors and permitted assigns.
'Service' refers to the range of activities that Page 1 provides to you, not limited to but including Call Centre Services, Network access, access to any other Network Operator and supply of any Equipment.
'Base Charge' refers to the monthly facility charges agreed for the provision of Service.
'Variable Charge' refers to any activity charges additional to Base Charges.
'Charge' refers to any Base Charge plus Variable Charge and any other fees associated with the Service 'Default Rate' is the rule of 1.5% per month or any other rate notified to you in writing.
'Network Operator' is a network operator as defined on section 2(1) of the Telecommunications Act 1987 but excludes Page 1.
'Persons' include corporations, companies, government and semi-government organisations and vice versa. Words importing the singular shall mean and include the plural. Words importing any one gender shall mean and include every other gender.
3. COMMENCEMENT OF AGREEMENT
This agreement begins on activation of any Service or access to our network or when we notify you that the agreement has commenced. Your application is subject to our acceptance.
4. COMMITMENT BY PAGE 1
We will strive to provide and maintain quality Services, but we cannot guarantee that the Services will be perfect. A 24 hour, 7 day a week customer service is available to you on 09 589-3999
5. YOUR RESPONSIBILITIES
Every Subscriber must meet the responsibilities set out below.
You agree to follow our instruction about the use of our Services and ensure that everyone you are responsible for also meets the responsibilities is this agreement.
You agree to comply with all relevant laws and regulations and not to use our Services for any illegal purpose.
You agree that if any charges are overdue and are not fully paid we may restrict or suspend your Service and/or access to the Service. You will remain liable for outstanding charges, and you will be responsible to pay any reasonable expenses we may incur in collecting any money that you owe us or in exercising any of our other legal rights.
You authorise as to apply any credit balance in any account you may have with as or to set out any money we owe to you against any money due by you to us under this agreement. This clause does not create a charge user any credit balance.
If you have paid a security deposit to us, either before or during this agreement, you agree that we can use that security deposit to meet any costs, losses or liabilities incurred where you fail to observe this agreement After termination of this agreement, we will refund the balance (if any) of your security deposit.
6. CHARGES AND BILLING
You agree to pay for the Services and for access to the Services in accordance with the pricing on this agreement. You also agree to pay all present and future charges payable for the Service and access Is the Service
We will forward an Invoice/Statement on a monthly basis Our Invoice/Statement will include monthly Base Charges in advance and Variable Charges, where incurred, for the previous period. Payment of the Invoice/Statement is due no later than the 20th of the month in which Base Charges apply.
We may charge you interest on any overdue payments at the Default Rate calculated daily beginning to the due dale through to the date on which we receive payment in full. Any change to the Default Rate will appear on your monthly statement.
If payment for service is made by cheque, payment shall not be deemed Is have been made until the cheque has been paid by the Bank on which it has been drawn.
We will give you 2 weeks advance notice of any increase in charges for our Services or access to our Services If there is a problem with your Invoice/Statement we will adjust your Invoice/Statement with the amount of the mistake when we receive notification of the problem (and any evidence you may have of that mistake) and verify that a mistake was made in preparing your Invoice/Statement. Please let us know before the due date if you think there is a mistake in your Invoice/Statement. You must, unless we agree otherwise, still pay your Invoice/Statement in full while we investigate your enquiry
7. TELEPHONE NUMBERS
We will allocate telephone numbers for your use. The numbers always remain our property.
We may have to change your telephone number(s) if we are required to do so bylaw or by contract or if we determine it is necessary. We will give reasonable notice of any change to the telephone number(s).
By signing this agreement you agree to us collecting and using information about you. You may ask to see the information we hold about you and ask for any details that are wrong to be corrected.
Page 1 audits recognised dealers (including their franchisors, controlling entities, agents and contractors, if any), sales representatives and Strategic Partners may hold and use the information about you, including information about your use of all or any of the Services, and may share it with each other and other Page 1 employees and representatives. This enables us to provide Services to you and others, to maintain and improve the quality of our Services and to send you bills. We may also keep you informed of any new or additional Services.
To assist us to maintain and improve our Call Centre Service, and train our employees, you agree that we can monitor any calls made to us in providing our Service.
Page 1 may share with any other Network Operators any information needed to enable Page 1 to provide Service.
9. ENDING THIS AGREEMENT AND/OR SUSPENDING SERVICES
Page 1 may, at any time and, where appropriate by notice, suspend our Service or terminate this agreement for the following reasons, including, but not limited to:
- Failure to pay any account by the due date;
- Your failure to comply with your responsibilities under this agreement within 15 days of being notified of any breach of your responsibilities under this agreement;
- Insolvency or likelihood of insolvency on your past or where you are a poor credit risk;
- Appointment of a receiver, manager and receiver, or statutory manager over any or all of your assets;
- Where a resolution for liquidation is proposed or passed or proceedings to liquidate you are filed or presented;
- Death or, in the case of a partnership, dissolution, or intention to dissolve, the partnership;
- Failure by you to remain connected to our Service,
- Where you make offensive or nuisance calls. We will discuss this with you before you are suspended or disconnected.
In these circumstances all outstanding charges down to the end of the term you have selected (less any rebate that we may allow) will be immediately due and owing to us. We may also pass on credit information to any recovery agency.
Suspension of Service may mean suspending part of the Service only. Nothing requires us to suspend Services before terminating this agreement.
We may also end this agreement if any of our licences to operate our network are revoked, terminated or suspended. In this case you will be liable to pay only outstanding charges up to the date of when we terminate the agreement.
You may wish to give up, or change any particular part of the Services by calling Page 1 Customer Service. However, should you wish to terminate this agreement completely, you need to apply in writing. You may only terminate the agreement before the end of the term you have selected on the terms set out in this clause. You need to give 30 days written notice of termination. A termination fee will apply in all instances. Your termination fee will be equal to the "Activity Level" in effect on the date of termination multiplied by the number of months remaining on the contract term. "Activity Level" is defined as 80% of your average total monthly Charges for the most recent 3 month period (or lesser time period if less than 3 months have lapsed in your contract term).
Subject to these rights to suspend or terminate the agreement, this agreement will continue until ended by you, or, where you have selected a fixed term, until that term expires.
At the completion of your selected term, this agreement will remain in place given that you may then terminate the agreement at any stage by advising us in writing of at least one month's notice of termination.
We provide the following warranty to you for the Services:
- For errors or omissions in the Service, we will supply again the particular Service in respect of which an error or omission arose.
11. LIMITATION OF LIABILITY
Other than the limited warranty set out in clause 10, we make no other promise, representation or warranty to you. It is your responsibility to decide for yourself the suitability or fitness of the Services for your intended purposes. As set out in clause 4 above, you acknowledge that we do not guarantee an error free Service.
We will not be liable whether in contract or tort or under any other legal principle for any special damages, loss of profits, savings or efficiencies, loss or corruption of data, failure or interruption in the supply to any Services, any errors or omissions inthe Services due to equipment failure or human error, omission or negligence or indirect incidental or consequential loss or damage of any kind whatsoever arising under or in connection with the Services, the Equipment, this agreement or any suspension or termination of this agreement. This includes, without limitation any liability arising from:
- The suspension or termination of the Services;
- The content or confidentiality of any call made to or through the Services;
- The disclosure of any information concerning you or anyone else related to any call made to or through the Service or to any other network or party whether required by law or not;
- Your connection to the Network;
- Errors in or omissions from any Call Centre Services or Network operation;
- The inaccurate transmission of any Network services;
- Your use of the Call Centre Services and/or Network.
Our liability under any claim of whatever nature arising under or in connection with this agreement, the Services or the Equipment is limited to the limited warranties set out in clause 10 above. If for any reason we are found to be liable to you under this agreement, our aggregate liability for all claims is limited to the amount of the Charges paid by you to us in the month relating to the portion of the Services or Equipment which gave rise to the liability.
You will indemnify us against all loss, damage, expense and cost that we may sustain or incur in connection with your use of our Services or the use of our Services by anyone you are responsible for, whether authorised by you or not.
13. NOTICES AND CHANGES TO THIS AGREEMENT
We will send you notices and bills to the last address or fax number you have given to us. We will assume that
- Any notice or bill has been delivered 2 business days after we send it; or
- Any facsimile has been received when we hold a confirmation report specifying your facsimile number, the number of pages sent and the date of the sending;
- Any email has been received when we hold a confirmation report specifying your email address, server response and the date of the sending;
- Any hand delivered notice or bill has been received on the date of delivery.
We may change or remove existing conditions or add new ones. We will give you at least 2 weeks notice of any changes. By using the Services you agree to be bound by the current terms and conditions. Please ask us at any time for a free copy of our current terms and conditions.
14. TRANSFERRING RESPONSIBILITIES
We may transfer to someone else the whole of this agreement and/or any interest in our Call Centre Services and/or Network.
Your interests under this agreement are personal to you and you may not transfer or on-sell the agreement or any benefit or obligation of it to another person or entity without first obtaining our written approval which we will not unreasonably withhold.
15. PAGE 1 SERVICES
You agree that this agreement does not transfer to you any intellectual property rights in the Services or in any improvements or modifications to such Services.
We may delay performance of or cancel this agreement for causes beyond our control such as fires, electrical failure, systems failure, civil disobedience, riots, acts of God and similar occurrences affecting the Services and/or this agreement.
16. NEW ZEALAND LAW
This agreement is governed by the laws of New Zealand.
If we fail or delay to exercise any right or power under this agreement this will not be a waiver of that right of power. This failure or delay will not prevent us from exercising that right or power in the future.
18. RIGHTS AND RESPONSIBILITIES THAT CONTINUE
Termination of this agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence afterwards.
19. EACH TERM SEPARATELY BINDING
In the event of the invalidity of any part or provision of this agreement such invalidity shall not affect the enforceability of any other part or provision of this agreement.
20. ENTIRE UNDERSTANDING
This agreement constitutes the entire agreement and understanding between us with respect of the Services. Representations and agreements not expressly contained or incorporated by reference in this agreement will not be binding upon either party.
Modification to this agreement must be in writing and signed by a duly authorised representative of each of us.