TERMS AND CONDITIONS
Terms and Conditions and Applicable Parties
These Terms and Conditions are made between DOVENET LIMITED (“DOVENET” or “we” or “our”) and the user of DOVENET services (the “customer “or “you” or “your”). We reserve the right to amend these conditions from time to time and will normally post, on our website, any amended terms at least 30 days prior to their taking effect.
These Terms and Conditions replace all previous Terms and Conditions, including those contained in any document used by you and purporting to have contractual effect, and apply for services to both existing customers and new customers. By using our services you are deemed to have accepted these terms and conditions and they apply as of the date of your application for Services.
This agreement and the relationships between the parties shall be governed by the laws of New Zealand.
Applicable Parties
You may not transfer this agreement without our prior written consent. We have the right to transfer our rights and obligations under this agreement without your consent.
Our Services
We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
DOVENET aims to provide you with the highest quality of services. Due to the nature of IT, these services may be interrupted from time to time due to planned or unplanned maintenance, equipment failures and other factors which may or may not be within our control. We will endeavour to notify you of any planned maintenance on our website (www.dovenet.co.nz) but this may not always be possible where critical issues arise. We also use some external services and have no control over their equipment and services. In the event of service failure, we will endeavour to restore services as quickly as possible and to minimise disruption to customers.
We reserve the right to change our rates from time to time and if we increase any rates, we will give you as much notice as reasonably possible.
Customer Responsibilities
Customers agree to comply with all applicable laws and regulations of New Zealand it is your responsibility to ensure such compliance. Your use of our services must be for lawful purposes only.
Services must not be used for activities that are unlawful, antisocial, pornographic or similarly distasteful in nature or for spamming or sending of unsolicited email including sending to email addresses maintained by DOVENET; or breach of copyright owned by another. Breach of these provisions may result in suspension and/ or termination of services. DOVENET will be the sole arbiter of what constitutes a violation of these provisions.
Customers must ensure that contact information provided to us is correct and up-to-date and maintain confidentiality of any username and passwords provided.
They shall remain in force until either DOVENET or the customer notifies the other in writing (including by e-mail) of intent to terminate agreement.
Prices
Prices do not include software. Any software that is provided by DOVENET to give access remains the property of the software’s owners and the customer is responsible for any fees or donations asked for by the software’s owner. Payment to DOVENET for your account must be paid in advance.
Payment
The customer agrees to pay for services set up with DOVENET, whether directly or through a third party, regardless of whether these services are used or not. Details of account charges and contract periods are as displayed on the website or agreed expressly with DOVENET, and may be subject to change by DOVENET.
Payment is due according to the terms stated on the invoice, paid in New Zealand Dollars.
Accounts unpaid within the payment terms may be suspended and/or terminated by DOVENET immediately at DOVENET's discretion.
Overdue accounts may be subject to a late payment fee of $25+GST and interest charge of 1.5% /month on the outstanding balance. Special arrangements for business customers to pay by the 20th of the following month may be available.
Costs incurred on collection of any overdue debts, including legal and debt recovery costs on a solicitor and client basis, are fully payable by the customer.
Payment for services is normally in advance, unless agreed in writing with DOVENET.
Invoices and statements are normally sent by email.
Broadband new connection and disconnection fees are on charged that we receive from our up-streamer and are fully payable.
DOVENET is not registered for GST.
Termination of Services
Customers may terminate their account by notice in writing to DOVENET or by email to admin@dovenet.co.nz. 1 months’ notice of cancellation is required. Cancellation during a fixed term does not release you from paying for the balance of the fixed term whether you use the Services or not.) All charges incurred to the date of cancellation (or expiry of the fixed term) are payable by the customer.
DOVENET reserves the right to suspend and/ or terminate an account for breach of these terms and conditions. DOVENET may also terminate services with a customer by normally providing 7 calendar days’ notice of cancellation or is there is a breach of Terms and Conditions DOVENET may suspend or terminate services immediately.
Upon termination all data relating to the customer stored on DOVENET equipment will be deleted at a time of choosing by DOVENET.
Compatibility
DOVENET warrants that its communications software conforms to established telecommunications industry protocols, and should be compatible with most off-the-shelf consumer communications software. DOVENET disclaims any express or implied warranty with respect to the performance, capacity, merchantability, or other compatibility issues of its hardware and software products and services.
Indemnification
The customer assumes liability for and hereafter agrees to hold DOVENET harmless, its employees, agents, officers and directors from all claims for lost profits, punitive or other adjudicated damages, expenses, including reasonable legal fees, incurred from usage of any service provided by with DOVENET. DOVENET does NOT WARRANT that services will be without interruptions or errors. DOVENET will not accept any responsibility for costs, damage, disruption or inconvenience from any services disruption or complete loss of service or data (including loss of email and website data), nor from computer virus (and similar malicious programmes, including spam), and is not liable for any associated telecommunications, equipment or software charges. Any data stored on DOVENET equipment is stored at the customers own risk and no responsibility will be taken for loss or damage to the data.
Support
DOVENET will normally provide a telephone support service during normal business hours. On busy and holiday periods, there may be a delay in answering calls or returning voice messages. This telephone support is for queries relating to the services provided by DOVENET, and not to general IT/ PC problems. An after-hours service for urgent technical queries may also be available, but is not guaranteed. DOVENET will endeavour to return customer queries left on voice messages at the earliest opportunity next working day. Queries can also be sent to: admin@dovenet.co.nz
Service Terms and Conditions
Equipment Ownership
The Customer owns all equipment when the install option has been fully paid. The Customer agrees however, not to sell, transfer or lease any part of the equipment provided by DOVENET so that DOVENET can provide the contracted service.
The Customer hereby agrees to pay to DOVENET the full cost of repair and/or replacement of any lost, stolen, un-returned, damaged, sold, encumbered or assigned equipment, as well as full labour costs for any equipment required to supply this service under this contract.
Speed
DOVENET plans offer download and upload speeds up to the stated Megabits per Second (Mb/s) across the DOVENET Network. Advertised Plan speed refer to the maximum speed possible.
Outside of our network, many uncontrollable factors can and do influence bandwidth of the Service which will vary based on (but not limited to) Network or Internet congestion, your computer configuration, weather conditions. We may in certain circumstances implement traffic prioritization to ensure most important Internet traffic such as, but not limited to voice calls receive priority.
Speed tests operate outside our network however, outside of peak hours, we would expect a test to show speeds close to the plan offering. Speed tests should be considered a very rough guide only. Because of factors that influence speed outside of our control, DOVENET cannot guarantee Broadband Service speeds based on the results of speed testing.
If the customer feels that their Internet speeds are consistently at a significantly lower than expected speed, they should contact DOVENET.
Virus Protection
Virus protection is the responsibility of the customer. DOVENET will not assume any liability for virus infection as a result of our service.
VOIP Services
You understand that the VOIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond on control such as power outages or the performance of your internet connection may disrupt the service we provide.
You accept that our services are not required to support emergency calls.
You accept that DOVENET VOIP might not be compatible with non-voice communications equipment such as home alarms, fax machines, Sky Digital and St John Alarms.
Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
If we need to change your number we will send you notification by email and give you as much notice as possible.
We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use.
DOVENET retains ownership of all VOIP phone lines until the final bill is settled. DOVENET will then transfer control of the number to you so you can port the number to another service provider.
Once control has been transferred, you may be able to port your DOVENET number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.
If your account is inactive for more than 6 months or disconnected, and you have not ported the associated phone number(s), we may at our sole discretion reallocate the numbers associated with your account.
We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
i) if any communication is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any incompatibility with other services;
iv) if any software we supply does not operate properly; and,
v) for any equipment or network failures.
We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
We are not liable for cost of calls if your login/access details have been used by a 3rd party with or without your control. All call costs in the instance of a 3rd party accessing your login credentials are liable to you, the customer of DOVENET.
If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.