Bcom Services Standard Terms & Conditions

1. TERMS

1.1 These terms and conditions set out the basis on which Bcom Services provides products and services to their customers.

1.2 Additional terms may apply to the customer’s use of some of Bcom Services’s services. If so, Bcom Services will tell the customer what those terms are – these additional terms will generally be incorporated into the Final Proposal. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

 

2. INTERPRETATION

2.1 “agreement” means the Final Proposal and these terms and conditions.

“customer” means the Bcom Services customer who is liable for the costs under this agreement.

“Bcom Services” means Bcom Services Limited.

“Equipment” means any equipment supplied by Bcom Services or a third party to the customer for the provision of Services from time to time.

“Final Proposal” means the document signed by the customer that sets out the services to be provided by Bcom Services, the length of the contract and the cost of the services.

“Mobile Device” means any mobile hardware other than SIM cards (including but not limited to handsets and accessories) that the customer orders from Bcom Services from time to time.

“Services” means any or all of the services that Bcom Services have agreed to provide the customer as set out in the Final Proposal and as varied from time to time.

“Website” means www.bcomservices.com

 

3. COMMENCEMENT OF AGREEMENT

3.1 This agreement commences from the date the services are commenced/installed and continues until it is terminated pursuant to this agreement.

 

4. SERVICES

4.1 If required and at the discretion of Bcom Services, Bcom Services may subcontract other carriers to provide part of any Service.

4.2 Bcom Services will use all reasonable endeavours to make the Services available to the customer at all times. However, due to the nature of telecommunications and the reliance placed on networks and services owned by other people, Bcom Services cannot guarantee that the Services will always be available or fully functioning. If the Services are unavailable for any reason Bcom Services will endeavour to restore the Services as soon as possible. If the customer needs assistance in using the Services they should call the support centre on +64 9 280 3878.

4.3 While Bcom Services takes all reasonable security precautions, due to the nature of telecommunications services Bcom Services cannot guarantee the confidentiality of any calls or transmissions the customer makes using the Services.

4.4 Bcom Services may suspend or restrict any of the Services at any time if:

(a) Bcom Services considers it necessary to protect or maintain their network or anyone else’s network; or 

(b) Bcom Services believes that the customer has breached any of their terms and conditions. Network charges will still apply during the period of any suspension, and if the Services are suspended because of a breach by the customer, Bcom Services may charge the customer a reconnection fee if the Services are recommenced.

 

5. FEES DETAILS

5.1 Bcom Services will invoice the customer monthly for the Services. The customer must pay the total amount on the invoice on or before the 20th day of the month following the month the invoice is dated, regardless of whether the customer or someone else used the Services.

5.2 If the customer does not pay any invoice on the due date, Bcom Services may:

(a) charge the customer interest on the overdue amount from the due date until the date the customer pays, at the rate of 4% per month; and

(b) withhold any rebate, discount or similar incentive which would otherwise be available to the customer; and

(c) suspend or restrict the customer’s service; and

(d) recover from the customer any debt recovery and/or litigation costs; and

(e) require the customer to put in place a direct debit or credit card payment arrangement for payment of the invoices

5.3 Usage-based charges (such as toll calls) are payable in arrears.

5.4 If at any time, or in respect of any period, the customer uses more than the allocated Services that they have contracted to purchase/use for that time or period, the customer will be charged and must pay for any excess Services used.

5.5 Bcom Services may vary the charges from time to time. If any charge increases, Bcom Services will give the customer reasonable notice of the increase.

5.6 If the customer believes the invoice contains a mistake, the customer must advise Bcom Services in writing within 21 days of the date of the invoice. The customer may only withhold payment of the disputed part of the invoice. If Bcom Services agrees there has been a mistake on the invoice, Bcom Services will apply the appropriate correction to the customers account, which will be displayed on the customers next monthly Bcom Services invoice. If Bcom Services finds that no mistake has been made, the customer must immediately pay the invoice without set-off or deduction and if payment is made past the due date the customer must also pay penalty fees for late payment. Bcom Services is not required to correct mistakes if notified after 21 days of the date of invoice.

5.7 Bcom Services may at its discretion impose a credit limit on the customers account.

5.8 If the customer breaches any term of this agreement, and Bcom Services incurs costs as a result, the customer will be liable for those costs and must reimburse Bcom Services on demand.

5.9 All freight charges will be charged back to clients with the exceptions, where the relevant Letter of Agreement; Scope of Works; Proposal Document or Customer Contract expressly excludes the cost of delivery of hardware.

5.10 All pricing shown in quotations and on the Final Proposal are exclusive of GST.

5.11 All charges are shown in New Zealand Dollars (NZD) unless otherwise stated.

6. USING Bcom Services’s SERVICES

6.1 The customer agrees that they will not use the Services or permit the Services to be used in any way which:

(a) breaks any laws or infringes anyone’s legal rights;

(b) could interfere with or damage Bcom Services’s network, any other operator’s network, or another customer’s enjoyment of Bcom Services’s services;

(c) is malicious, obscene or offensive; or

(d) could introduce anything (including any virus) that may harm Bcom Services’s or any third party equipment or software.

6.2 The customer agrees that it will:

(a) comply with any reasonable restrictions imposed or instructions or directions given by Bcom Services regarding the use of the Services;

(b) ensure that all information the customer gives Bcom Services is correct. Where any information the customer has previously supplied to Bcom Services changes (such as contact details) the customer must provide Bcom Services with updated information as soon as possible;

(c) not use any handset or other equipment that is not specifically approved by Bcom Services for use on its network;

(d) indemnify Bcom Services against any legal action taken against it in connection with the customer’s use of the Services;

(e) not use the Services to spam, mail bomb, upload or publish any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party right (including any intellectual property right), discriminates against any person or group, is false, inaccurate, misleading or deceptive or similar activity;

(f) keep confidential any password or PIN number which is used by the customer to access the Services. Bcom Services recommends that the customer change these on a regular basis for security reasons. The customer must change their password or PIN number if asked to do so;

(g) authorise Bcom Services to act on any verbal instructions the customer gives it in relation to the Services. The customer should notify Bcom Services which of their staff are authorised to make changes to their account;

(h) allow Bcom Services employees and contractors access as and when they reasonably require (and the customer must obtain any necessary consents to provide such access) if Bcom Services needs to install equipment and carry out work at the customers premises. If the customer does not allow Bcom Services employees and contractors to access their premises, the customer’s ability to use the Services may be adversely affected; and

(i) make sure nothing is connected to Bcom Services’s network unless it has a Telepermit or is otherwise approved by Bcom Services. This helps to ensure that the customer’s Mobile Device does not damage the network, although this does not mean that the network will always remain compatible with the customer’s Mobile Device.

 

7. BROADBAND INTERNET SERVICE

By using this Service, you agree to the terms set out below, which are specific to your Bcom Services Broadband service and apply in addition to our Standard Terms & Conditions. If there is any inconsistency between these terms and our Standard Terms & Conditions, then these Specific terms shall prevail.

Other terms that may apply:

Other applicable Bcom Services policy may also apply to your use of our services. If so, they will be specifically referenced in these or our Standard Terms and Conditions. Pricing is subject to change at any time during the term of this contract.

7.1 Service Interruptions

We will use all reasonable endeavours to make our Services available to you at all times. However, our Services rely on us using networks and Services owned by other people. We reserve the right to temporarily suspend the Services or restrict access to our network for planned and unplanned maintenance or repair. As a result, we cannot promise that our Services will always be available or fully functioning. If our Services are unavailable for any reason, we will endeavour to restore them as soon as possible.

7.2 Term and Termination

If your Plan has a Fixed Contract Term and you have agreed to use a Service for a Fixed Contract Term, then you must do so. If you cancel within the Fixed Contract Term, you will be liable for any applicable Early Termination Charges.

The early termination fee for Business Broadband 12-month fixed term is $199 + GST

The early termination fee for Business Broadband 24-month fixed term is $399 + GST

The early termination fee for Business Broadband 36-month fixed term is $599 + GST

 

8. MOVING ADDRESS

8.1 This clause applies if the customer moves address and Bcom Services provides broadband services to the customer.

8.2 The customer shall give Bcom Services notice in writing at least 3 months prior to the moving date, advising the new address and the moving date. If Bcom Services is able to continue providing the data services and/or ultra-fast broadband services, it will endeavour to ensure that the data services and/or ultra-fast broadband services will be available at the new address on the moving date.

8.3 If the customer fails to provide Bcom Services with sufficient notice of the moving date, Bcom Services may be required to implement interim services to ensure the customer can access data services and/or ultra-fast broadband services at the new address on the moving date. The customer shall pay any additional costs incurred by Bcom Services for providing the interim services.

8.4 If a customer moves address within 12 months of installation of the data services and/or ultra-fast

broadband services, the customer shall pay an additional ‘early move fee’, being 75% of the remaining charges of the first 12 months of the fixed term contract.

8.5 If a customer moves address and the data services and/or ultra-fast broadband services during the initial fixed term contract the customer shall be required to pay for any additional costs Bcom Services may incur from network operators.

8.6 If the data services and/or ultra-fast broadband services that the customer is currently receiving are not available at the new address, Bcom Services will provide an alternative solution for the customer, which may require that the customer enter into a new contract and minimum term.

8.7 The customer must pay for any installation costs of data services and/or ultra-fast broadband services at the new address.

 

9. Cloud Voice & Cloud PBX Terms & Conditions

By using this Service, you agree to the terms set out below, which are specific to your Bcom Services Cloud PBX or Cloud Voice Service and apply in addition to these Standard Terms & Conditions you accept in becoming a customer of Bcom Services. If there is any inconsistency between these terms and our Standard Terms & Conditions, then these Specific terms shall prevail.

Other terms that may apply:

Other applicable Bcom Services policy may also apply to your use of our services. If so, they will be specifically referenced in these or our Standard Terms and Conditions. Pricing is subject to change at any time during the term of this contract.

9.1 Availability of Service

Your Service:

You understand and accept that by using your Bcom Services Cloud PBX, you will be using VOIP (voice over internet protocols) as the basis for your voice services, and that VOIP is not a traditional phone service as it relies on your broadband service to function. In the event of any form of broadband service interruption (due to, for example, a power failure at your premises, broadband network outage issues or any other disruptions to your internet connection), then your voice services will be impacted.

In such events, you may not be able to make emergency services calls from your VOIP phones and you or your staff would need to use alternative means to contact emergency services. You also accept that your Bcom Services Voice Cloud PBX is not designed to connect with non-voice communications equipment such as security alarms, Eftpos, Sky TV or fax machines except our Fax number feature.

Defining “Inclusive” and “calling”:

“Calling” refers to standard person-to-person outbound phone calls, and “Inclusive” means “1500 calling

minutes each month (non accumulating)”. Exclusions are noted below and our Fair Use Policy does apply.Our Inclusive calling offer only applies to person-to-person calls to NZ & AUS Local, National and Mobile calls. All other calls are charged at our standard rates. Automated calling and calls made to specialised services may attract additional charges.

9.2 Usage & Security

Because of the nature of these services, we cannot guarantee the confidentiality of any calls or transmissions you make using the service. Maintaining and protecting how and when your service is used is solely your responsibility. You must pay all charges on your account regardless of whether you or someone else uses those services. The normal use of hardware does not include adverse power supply conditions such as power surges including lightning damage.

Your Security:

You are solely responsible for maintaining the confidentiality of any passwords or PIN numbers you use to access our services. Bcom Services can, at our discretion, restrict, disconnect or change your User ID or Password if this is in the interest of the functioning of your Cloud PBX service or to prevent fraudulent use of the VOIP service.

Your Usage:

The inclusive calling bundle covers standard person-to-person calls only. It cannot be used for the following:

• Auto Dialling

• Continuous call forwarding to mobile

Your use of our Bcom Services Voice & Cloud PBX Service and inclusive Calling plan is subject to both our Fair Use and Acceptable Use Policy, both of which are outlined in our Standard Terms & Conditions and are expanded upon as to how these policies will be applied in relation to such services, below.

9.3 Acceptable Use

You must not use the services in any way which:

• Breaks any laws

• Infringes anyone’s rights

• Is malicious, obscene or offensive

You are responsible for all your activities while using our Services, including all content or material you may access. Bcom Services can, at our discretion, restrict or disconnect you if we consider that you (or anyone using your Bcom Services Voice and Broadband) have engaged in improper or unacceptable use of our Services.

9.4 Our Fair Use Policy

These terms apply to your voice services:

• Your use of this service must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or typical customer usage of the services. Bcom Services will monitor usage and if it materially exceeds the average and/or typical usage then we will consider it unfair.

• If in our reasonable opinion, we consider your calling usage to be unfair, unreasonable and/or excessive we may immediately suspend, modify or restrict your use of the services or withdraw in full or in part your access to the services or levy additional charges for such unfair, unreasonable and/or excessive use.

• Where we offer any included services such as included or inclusive calling minutes that use is offered for the user’s individual use and benefit only. Such services may not be resold or used for auto dialling and continuous call forwarding to mobile.

• Where we provide services to you that include users and devices, a user has the flexibility to utilise up to 3 voice devices, the devices are for one user only.

9.5 Performance Guarantees

Bcom Services will provide Bcom Services Voice services using reasonable skill and care. We are unable to give specific performance guarantees or confirm that the voice services will remain uninterrupted or error free.

9.6 Your Broadband Service

If, as part of your Bcom Services Voice & Cloud PBX services you have included Bcom Services Broadband service, the following additional terms apply. Both the speed and quality of our Services can be influenced by factors beyond our control such as, but not limited to usage on the Internet, distance from exchanges, internal wiring and cables on your premises, and the number, quality and configuration of devices being used on your site to send or receive data. Data speed, when referenced will always refer to the theoretic “maximum possible network connection speed”, which we cannot guarantee, as your actual speeds may be affected by factors other than our network.

Bcom Services Broadband is not required for Bcom Services Voice, but you need to have a broadband connection that is suitable for VoIP (we strongly recommend UFB or VDSL) and you need to be aware that Bcom Services can only provide assistance on issues that relate to Bcom Services services specifically. This means that we cannot assist you with quality or network issues (for example) related to your non-Bcom Services broadband service, even if these issues also affect your Bcom Services Voice service. This consideration also applies if you have a 3rd party router.

Bcom Services Supplied VoIP Hardware

Should you receive rented equipment from us as part of a contract with a minimum contract term, the rental component of your contract remains in effect at the same price even after the minimum contract term ends. You may continue to rent this equipment from us until you choose to terminate the corresponding services with us, either by transferring your services to another provider or asking that we disconnect them, at which time you must return the equipment to us. If you terminate your services with

us within the period of a minimum contract term, you must return the equipment, or you will be charged an amount equal to the purchase price of the equipment in addition to any Early Termination Charges that relate to the services you have purchased from us. In either case, you must return rented equipment to us within 30 days of termination of your corresponding services with us or make other arrangements with us within this period. Failure to do so will result in you being charged the amount described above. Rented hardware that is damaged through normal wear and tear or manufacturing faults will be replaced at no charge by Bcom Services (except for courier charges) as long as the rental agreement remains in effect. Rental equipment that is required to be replaced for other reasons (misuse, loss, accidents, etc) will incur a charge for repair (or replacement) up to the purchase price of the rental equipment for replacement.

Purchased equipment is covered by a 12 month return-to-base warranty. If you choose to use VoIP hardware that is not supplied by Bcom Services, we will be unable to provide you with support for configuration or service issues. We require that you only use hardware for the Bcom Services Voice service from our list of approved VoIP hardware (available on request) so that we can ensure that your hardware will work with our service. We will do our best to provide you with basic support for this hardware if possible, but recommend that you engage a 3rd party technician for ongoing support.

On-Site Installation

If you rent or purchase hardware from Bcom Services, you can choose an on-site installation of your Bcom Services Voice service at your office.

An on-site installation of hardware consists of (and is limited by):

• 1 site per install and 1 site visit per install

• Configuring Bcom Services-supplied hardware

• Plugging hardware into power and network ports

• Checking that all agreed hardware has been supplied

• Basic testing (i.e. does it turn on? Does it register? can calls be made and received?)

• Basic end-user customisation (speed dial, callflows, time of day settings, etc) and training (including supplying basic user guides)

• Reasonable (minor, non-chargeable) changes to the requested services or hardware

Limitations:

• Ethernet ports that are required for provided hardware must be within reach of a 1.5m cable.

• Hardware that requires 230v power must be with 1.5m of a powerpoint.

An on-site installation does not consist of:

• On-site network configuration, network cabling or electrical work. Installers may need to make some very minor changes to your network (e.g.opening ports on the router) if possible.

• Advanced testing (does every single feature work exactly as expected?)

• Supplying hardware that was not on the sales agreement (installers may have incidental peripherals, power supplies, etc available to be added to your bill at standard rates, but are not required to do so)

• Provisioning chargeable services or features that are outside what was on the sales agreement

• Configuration, handling or support for 3rd party hardware

• Support for 3rd party broadband connections or private networks• IT support unrelated to the Bcom Services Voice service IT support unrelated to the Bcom Services Voice service

9.7 Ending this Agreement

Changes to Services:

You cannot reduce the total number of users/rented hardware during the first 6 months of the contract. After that, you are free to do so. Reducing the number of users to zero is considered a termination of the contract, which may incur an Early Termination Charge if applicable.

Termination:

We require 30 days written notice for the termination of the Service. If that Service is being provided to you for a specific fixed term and you cancel within that term, then you must also pay us any applicable early termination fees.

Fixed Term Contract:

If you have agreed to use a Service for a Fixed Contract Term and /or your pricing plan is based on a Fixed Contract term, then that contract term applies. If you cancel within the Fixed Contract Term, then you will be liable for any applicable Early Termination Charges. Your contract starts from the date that we deliver all services listed on the Sales Agreement to you. If you also choose to purchase Bcom Services Broadband, your Bcom Services Voice and Broadband contract terms will be aligned and treated as a single contract term, based on whichever end date would result in the longest contract term.

Your Early Termination Charges for Bcom Services Voice will be as follows:

• 30% of the monthly recurring charges (excluding hardware) remaining on your contract for the initial contract period. This relates to voice users.

• 100% of monthly hardware rental fees remaining on your contract for the initial contract period.

• You will also be charged for any fees we have previously waived on your contract for the initial contract period.

Return of Equipment (Rental):

In the event you do end this agreement, you will be responsible for the return of any equipment provided by Bcom Services as part of your Services with us. You agree to pay for any equipment, not returned to us within 30 days of the end of your Services or if the equipment is returned in damaged condition (accounting for normal wear and tear). Replacement costs are set at our standard purchase price for the

relevant hardware at the time of termination.

 

9a. Managed Security Service

By using this Service, you agree to the terms set out below, which are specific to your Bcom Services Managed Security Service and apply in addition to these Standard Terms & Conditions you accept in becoming a customer of Bcom Services. If there is any inconsistency between these terms and our Standard Terms & Conditions, then these Specific terms shall prevail.

Other terms that may apply:

Other applicable Bcom Services policy may also apply to your use of our services. If so, they will be specifically referenced in these or our Standard Terms and Conditions. Pricing is subject to change at any time during the term of this contract.

9a.1 DEFINITIONS AND INTERPRETATION

For the purpose of these Specific Terms and Conditions: 

"Address" means the address specified on the Customer Application. 

"Firewall" means a device for monitoring and blocking of connections to or from the Internet. 

"Managed Security Service" means the provision by us of management and monitoring of your Firewall as further described in these Specific Terms and Conditions. 

"Minimum Cancellation Notice Period" means the period described at Clause 9a.8

"Minimum Service Period" means the period described at Clause 9a.4 

"Service Level Agreement" or "SLA" means the Service Level Agreement relating to the Managed Security Service and any Firewalls supplied by Bcom Services which describes the service levels to be met by Bcom, set out on the Bcom's Website (www.bcomservices.com) at the date of Completion of the Customer Application. 

9a.2 MANAGED SECURITY SERVICES 

We have agreed to supply you with a Managed Security Service and the relevant Firewall, you must notify us as soon as possible following receipt and installation by you of any Firewall (at the Address) which we have supplied. Where we have agreed to supply you with a Managed Security Service for a Firewall which we have not supplied, you must notify us as soon as possible once your Firewall is ready to be accessed by us. We will use all reasonable efforts to activate the Managed Security Services within 48 hours of successful installation and/or connection of the relevant Firewall by you in accordance with any instructions we may give or send to you for that purpose. Once the Managed Security Services are activated, we shall if requested by you, provide online Firewall usage reports detailing the activity of your Firewall and will endeavour to provide you with a standard Firewall usage report as specified in accordance with the Customer Application.

9a.3. SERVICE LEVELS 

We shall provide the Managed Security Service in accordance with these Specific Terms and Conditions.

9a.4 PROVISION OF SERVICE 

Whilst we will use reasonable endeavours to provide the Services and/or Equipment to you within any timescales specified by us or agreed with or requested by you, we will not be liable to you for any delay in providing or failure to provide the Services and/or Equipment within such timescales. All delivery and/or completion dates specified by us are estimates only and we cannot guarantee that they will be met. 

Unless otherwise terminated or suspended in accordance with the Agreement the Managed Security Service shall be provided for a Minimum Service Period of 36 months from the date of activation. 

On expiry of the period, this agreement will automatically renew for a period of 12 months, unless 90 days notice is received prior to the expiry of the Minimum Service Period. 

9a.5 CONDITIONS OF USE 

You agree that you will be responsible for all use of the Managed Security Service and any local access to the Firewall. You agree that you are responsible for complying with all terms and conditions (including, without limitation, terms of payment) relating to any telecommunications service which is required by you to access or receive the Managed Security Service. 

You agree to: 

(a) provide an authorised technical contact, authorised contact number, and password, to keep any records of such details in separate places and take all necessary steps to ensure the security of such records; 

(b) without prejudice to the Standard Terms and Conditions, keep such information private and confidential and ensure, at all times, that it (or they) does (do) not become known to any unauthorised personnel. 

(c) notify us immediately if you become aware of any change in circumstances which may lead you to believe that such information has become known to any unauthorised personnel. 

(d) that we may, from time to time, suspend and/or change your password (at our discretion if we feel that such a step is in the interests of security). 

In the event that you wish to make alterations to configuration of any Firewall which we have supplied and in relation to which we have agreed to supply the Managed Security Service, you agree to contact our Technical Support Team to request such changes. Upon confirmation of authorisation, our team will make such changes. 

Any fault with the Services and/or the Equipment (in relation to which a "fault" shall mean a failure in any Firewall which we have supplied to you and which is preventing data flow across the Firewall), which you detect must be reported to us as soon as possible either:- (a) by telephone on +64 9 280 3878 during Business hours, or email - support@bcomservices.com

9a.6 CHARGES 

Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Agreement and/or the invoice relating to such Equipment and/or Services. 

You shall pay the Charges (without any set off or deduction of any kind) on a monthly basis as stated in the Agreement and/or the invoice by direct debit (unless we agree an alternative method).  

All amounts payable by you in accordance with the Agreement shall be inclusive of Goods and Service Tax ("GST"). 

You agree that you will notify us as soon as possible of any change in your credit/debit card or bank account details. Should you terminate the Services in accordance with this Agreement, it is your responsibility to terminate any standing order with your bank

9a.7 TRANSFERABILITY 

Where we have agreed to supply you with a Managed Security Service, you shall ensure that the relevant Firewall(s) shall remain situated at all times at the Address. Neither the Managed Security Service nor the relevant Firewall(s) may be transferred between locations, Firewall(s), and / or telecommunications lines (as applicable) without our prior written consent.  

9a.8 TERMINATION 

Once the Managed Security Service has been activated, you may only end this Agreement (insofar as it relates to such Services) by notice equal to the Minimum Cancellation Notice Period (90 days prior to the expiry of the Minimum Service Period) which must expire at the end of the Minimum Service Period. 

We may terminate the Services by notice equal to the Minimum Cancellation Notice Period (to expire at the end of the Minimum Service Period) without incurring any liability. 

Unless otherwise stated, the Minimum Cancellation Notice Period is 90 days (to expire at the end of the Minimum Service Period). 

Subject to the above, the termination provisions of our Standard Terms and Conditions apply. When the service has terminated you will return the firewall (and router, if supplied) back to Bcom Services offices for their stock/spares holding.  

9a.9 NOTICES 

You agree to keep the contact details which you have provided to us up to date. Any notice or other information to be served by us on you in accordance with this Agreement will be validly sent if in writing and sent by e-mail to support@bcomservices.com

9a.10 LIABILITY 

You acknowledge and agree that (save where such fault and/or failure arises as a direct result of any configuration carried out by us in relation to such Equipment) we shall not be liable for any failure and/or delay in the Services to the extent that it is caused, or contributed to (whether directly or indirectly) by, nor for, any failure of a Firewall and/or any other equipment which has not been supplied by us. 

We do not guarantee that any Firewall (whether supplied by us or a third party) will detect, obstruct and/or prevent any viruses, ransomware attacks or unauthorised access to your network and/or computer system. 

Where we agree to supply you with a Firewall, and the manufacturer of, or any other supplier from who we may directly or indirectly receive or purchase, that Firewall, offers a warranty for your benefit, we will use all reasonable endeavours, but shall not be obliged, to ensure that you receive the benefit of any such warranty for its duration.

 

10. SUPPLY OF EQUIPMENT

10.1 Bcom Services or a third party may from time to time supply Equipment to the customer in connection with the Services. Unless agreed otherwise, the customer will have no ownership rights to any equipment supplied by Bcom Services.

10.2 The customer must not damage or interfere with the Equipment.

10.3 If the Equipment is lost or damaged while located on the customer’s premises, the customer shall pay the charges of Bcom Services for repairing or replacing it as required.

10.4 Upon termination of this agreement, the customer shall return all Equipment to Bcom Services within 30 days or the customer shall pay the cost of the Equipment, as determined by Bcom Services.

 

11. PHONE NUMBERS

11.1 Unless Bcom Services has agreed otherwise, all addresses, phone numbers, electronic addresses and other codes allocated to the customer remain the property of Bcom Services.

11.2 Bcom Services may be required by law or for operational reasons to change the phone number(s) or electronic addresses allocated to the customer. If this is necessary, Bcom Services will give the customer as much notice as reasonably possible of any such change.

 

12. CONSUMER GUARANTEES ACT AND LIMITATION OF LIABILITY

12.1 The customer agrees that, if they are using the Services for the purposes of a business, the Consumer Guarantees Act 1993 statutory guarantees do not apply to their connection or the Services to the maximum extent permitted by the legislation. The customer agrees (whether the customer is using the services for the purposes of a business or otherwise) that Bcom Services excludes and do not have any liability of any kind (whether in contract tort or otherwise) to the customer or anyone claiming through the customer, relating to any economic loss, loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings the customer might have had or any form of indirect or consequential loss or damage whatsoever arising from:

(a) the customer’s connection to the Bcom Services network or the content or supply of any Services;

(b) the customer’s use of the Mobile Device;

(c) the failure, interruption or delay in the supply of, any Services or any part of them or any negligence in this regards;

(d) the fitness of all or any of the Services or Equipment for any particular purpose;

(e) errors in or omissions from any directory listing;

(f) the inaccurate or incomplete transmission of any call or any email;

(g) any other matter which relates to this agreement.

12.2 Bcom Services’s liability to the customer under or in connection with this agreement, for any loss or damages which the customer incurs as a direct result of Bcom Services’s failure to meet any of it’s obligations under this agreement or for any negligence by Bcom Services in relation to the supply of the Services, will be limited to the value of 3 average months’ Services used by the customer under this Agreement for all events occurring in any 12 month period.

12.3 If the customer uses another service provider’s services during any period when the Services are not fully operational, Bcom Services is not liable to pay or reimburse the customer for any amount the customer may be charged by that service provider.

12.4 No other network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to the customer for loss or damage of any kind arising from the customer’s use of the Services. This clause creates a right and benefit that other network operators and/or suppliers can enforce as a defence to any claim.

12.5 Apart from the warranties expressly given to the customer in this agreement, all other warranties, express or implied, are excluded to the extent permitted by law.

 

13. PRIVACY

13.1 The customer may at times supply Bcom Services with personal information, for example, when the customer applies to become a customer of Bcom Services. Bcom Services may also obtain personal information from the customer’s use of the Services.

13.2 The customer agrees that Bcom Services may:

(a) use the customer’s personal information and, where Bcom Services deems appropriate, disclose it to third parties if this is required for it to provide the customer with the Services; for credit checking and collection; and/or to communicate with the customer about Bcom Services’s current and future services;

(b) share information about the customer and their use of Services with other third party suppliers to provide the Services and to comply with interception, capability, security, fraud investigation co-operation or emergency response requirements; and

(c) Bcom Services’s third party suppliers may use information about the customer and their use of the Services for the purposes described in (b) above.

13.3 Any personal information Bcom Services collects is kept at their offices at Level 3, 8Nugent Street, Grafton, Auckland. The customer is entitled to see any information Bcom Services holds about them and

to request that any incorrect information be corrected.

13.4 Bcom Services may record or monitor calls between it and the customer to verify information and for staff training purposes.

 

14. CHANGING THESE TERMS/VARIATIONS TO CUSTOMERS CONTRACT

14.1 Bcom Services may vary these terms from time to time and will endeavour to give the customer 21 days’ notice. Bcom Services will inform the customer of any variation to the terms and conditions either by email, post, notification in major daily newspapers or via Bcom Service's website. The latest terms and conditions are available for viewing on Bcom Service's website www.bcomservices.com

14.2 Bcom Services may notify the customer of any variation or update to their contract by email. Upon Bcom Services receiving acceptance of the variation to the contract from the customer, the customer’s contract shall be updated.

15. SERVICES PROVIDED BY THIRD PARTIES OVER THE NETWORK

15.1 Bcom Services takes no responsibility for the accuracy, completeness or currency of any content or material or services that the customer may access or have provided to the customer by a third party through the Services or for any charges that the customer may incur by their use of such content, materials or services.

15.2 Bcom Services are not responsible for:

(a) ensuring that the information the customer accesses or makes available through using the Services will be private or secure or free from viruses or other harmful things;

(b) any transactions the customer enters into through use of the Services or any dealings between the customer and any advertisers or other third parties using the Services or the customer’s participation in any promotions;

(c) any delay in receipt of information the customer selects for transmission to their mobile phone; and

(d) fixing any faults in any part of the Internet beyond Bcom Services’s network.

 

16. NOTICES

16.1 If the customer wishes to notify Bcom Services of anything the customer can do so by emailing support@bcomservices.com or by calling +64 9 280 3878. Bcom Services may require the customer to confirm in writing any advice given over the phone.

16.2 If Bcom Services wishes to communicate with the customer or notify them of anything it may do so by post, phone, facsimile or email to the last known address or number held for the customer.

 

17. PERSONAL PROPERTIES SECURITY ACT 1999 (PPSA)

17.1 The customer may require Bcom Services to provide certain equipment to them to enable the customer to use the Services.

17.2 If Bcom Services provides any equipment to the customer, the customer agrees that:

(a) they will not sell, lease, dispose of, or allow any other person to take a security interest in the equipment; and

(b) Bcom Services can register a financing statement on the Personal Property Securities Register (PPSR) to reflect their interest in the equipment.

17.3 Where Bcom Services exercises its right to register a financing statement, the customer also agrees to:

(a) provide such information as Bcom Services reasonably requests to enable it to register a financing statement on the PPSR; and

(b) inform Bcom Services immediately in writing if the customer intends to change their name, address or contact details.

17.4 The customer waives its rights under sections 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133, 134 and 148 of the Personal Property Securities Act.

18. FORCE MAJEURE

18.1 Bcom Services will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event

t: +64 9 280 3878

New Zealand

©2020 Bcom Services LTD (NZ) & Bcom Services PTY LTD (AUS)