Vodafone Business Terms
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Business Terms 1. OUR AGREEMENT 2.2 Service Term: For each Service: 1.1 Application: These Business Terms apply if you are a (a) the Initial Term will commence on the date we start business customer and you signed up to or re-signed for providing Services to you (or such other date specified Services from 1 August 2016 (except to the extent we in your Sign Up Agreement) and continue until the agree otherwise). expiry of the initial term (Initial Term); and 1.2 Archived Terms and Conditions: If you are a business (b) following the Initial Term, the term will automatically customer who signed up to or re-signed for Services continue until this Agreement, or the Service, is before 1 August 2016, please see our website terminated in accordance with this Agreement www.vodafone.co.nz/legal/terms-conditions/archive/ (Extended Term). for the terms and conditions that apply to your Services. 2.3 Commencement of Services: We will begin providing 1.3 Specific Terms and Conditions: If a Service for which you Services to you in accordance with the timeframe set out have applied is subject to specific terms and conditions in the Service Description or, if no timeframe is set out, published on our Website, such as: within a reasonable time. (a) a Service Description; 3. OUR COMMITMENT TO YOU (b) a Pricing Plan; and/or 3.1 Services: We will provide the Services to you: (c) Change Fees; (a) using all reasonable care and skill; those specific terms and conditions (as amended from (b) in a competent and professional manner; time to time) form part of this Agreement. We may also (c) in accordance with the applicable Service include specific terms and conditions that form part of this Descriptions, although we do not guarantee that the Agreement in our Sign-up Agreements. If there is any Services will be continuous or fault free; and inconsistency between these Business Terms and any other terms and conditions, then these Business Terms (d) using people who have the necessary qualifications will take precedence, except as expressly stated and experience. otherwise. 3.2 Faults: If you report a fault to us, we will respond in 1.4 Subject to change: These Business Terms may change accordance with the relevant Service Description, or from time to time. For the most up to date copy, please otherwise within a reasonable period of time. see vodafone.co.nz/legal/terms-conditions. 3.3 Maintenance: From time to time we may temporarily 1.5 It’s important that you read all the terms in full, but suspend or restrict a Service so that we can carry out some points we want to bring to your attention are: maintenance and development work on the Network. We will always try to ensure that such suspensions or (a) Changes– these Business Terms, your Services and restrictions take place outside normal business hours. the Charges you pay for those Services can be changed. When we are able to make these changes, 4. YOUR COMMITMENT TO US what will happen to your Services or Charges (including the circumstances in which we can change 4.1 Co-operation and access the minimum monthly charge) and how we tell you (a) You will make sure that all information you give to us about the changes is set out in clauses 7-10. is complete and accurate. You must update us when (b) Privacy - we may collect information on how, when your information changes (for example, if you change and where your Users or other representatives use our premises or your contact details). Services, and use this information to continually (b) If we provide Services that require locating our provide you innovative products and services tailored Equipment on your premises then you will give our for your needs, wherever you are. If you want to know representatives safe access to your premises so that more about how we collect, use, store and protect we can install, inspect, maintain, replace or remove information about your Users and other our Equipment. representatives and who we might share the information with, please read our Privacy Policy. (c) You acknowledge that you have no ownership or other rights in our Equipment located on your premises, 2. TERM which shall remain our property (or the property of our suppliers). 2.1 Term: This Agreement will commence on the date we start providing Services to you (or such other date (d) If you are in rented premises then you will, before we specified in your Sign Up Agreement) and continue until install the Equipment, obtain the written permission of the Agreement is terminated in accordance with the the owner that we are authorised to access, and locate Agreement. our Equipment on, your premises for these purposes and that the owner will have no ownership or other rights in our Equipment. Business Terms Version 1.1 © Vodafone New Zealand Limited 2016 Page 1 of 9 Business Terms (e) You will, if we ask you to, obtain any third party any of the Services to anyone else without our prior authorisation, licence, consent or acknowledgement written consent. that we reasonably require in connection with the 4.5 Third Parties: You acknowledge and agree that: provision of the Services and location of the Equipment (such as building consent). (a) we are not responsible for ensuring that the Services are unable to be misused by you or any third party; and 4.2 Your Equipment: You will follow our reasonable instructions about modifications that you may need to (b) you are responsible for your misuse of the Services make to your equipment so that you can use the Services, and for any use of the Services by any User or third including modifications to avoid any danger or party, whether authorised by you or not. interference your equipment may cause to the Services, 4.6 Reimbursement for breach: If you breach clause 4.4 our Equipment or the Network. and we incur costs as a result of your breach, you will, if we 4.3 Our Equipment: You will: ask you to, reimburse us for our reasonable costs in relation to that breach. (a) provide a safe and secure operating environment for our Equipment; 5. CHARGES, INVOICING AND PAYMENT (b) take reasonable precautions to protect our Equipment 5.1 Responsibility for Charges: You will pay and are from radio or electrical interference and power responsible for the Charges for the Services and/or fluctuations; Products that we provide in accordance with the Agreement, irrespective of who ultimately uses them. (c) not damage or interfere with our Equipment; and 5.2 GST: All Charges exclude GST unless otherwise indicated. (d) pay any costs or expenses we reasonably incur repairing or replacing any of our Equipment that is lost 5.3 Invoices: The Charges will apply from the date you are or damaged while located on your premises. connected to the Network so that you are able to receive If our Equipment is no longer required, or if you damage or the Services. We will invoice you at approximately interfere with our Equipment, then we may remove it from monthly intervals for the Services and/or Products we your premises. provide to you. Fixed charges will normally be invoiced in advance and other charges will normally be invoiced in 4.4 Use of Services: You will: arrears. (a) not use the Services in any way which is unlawful; 5.4 No set-off, counterclaim or deduction: Subject to clause 6.1, you will pay each invoice by the Due Date and (b) not use the Services in any way which could interfere without set-off, counterclaim or deduction. with or damage our Network, any other Network Operator’s network, or another customer’s enjoyment 5.5 Unpaid amounts: If any invoiced amount (other than an of our services. This includes but is not limited to auto amount which is disputed in accordance with clause 6.1) dialling, continuously call forwarding, and use of remains unpaid after the Due Date we may charge you a cellular trunking units or SIMboxes; Late Payment Fee. (c) give us and our third party suppliers such access to 5.6 Part payment: Part payment of your invoice will not your premises as is reasonably necessary to enable us amount to a full and final settlement unless we have or our third party suppliers to fix any fault with the agreed to this in writing. Services or implement any change of technology as provided for in clause 9.4; 5.7 Collection costs: If we have to spend money on collecting overdue amounts from you, then you will (d) follow our and any manufacturer’s reasonable reimburse us for those costs. instructions about the use of the Services; 5.8 Additional charges: If we provide you with additional (e) keep any password, PIN or security code we give you services such as technical or administration support confidential, and update it in accordance with prudent (including providing paper invoices, service suspension, security practices; call barring, redirection, or fixing faults that are not faults on our Services) we may charge you for these. (f) only use the Services for the purposes for which they are provided; 6. DISPUTED INVOICES (g) not use or install any device and/or hardware in 6.1 Notice: If you think there is a mistake in an invoice, you connection with the Services, where that device, must let us know in writing prior to the Due Date and, if you hardware and/or installation is not approved by us, or do so, you may withhold payment of the disputed part of which masks or in any way alters the true origin or the amount payable.