At Maxicom we would like to ensure all our clients are aware of our trade terms. Please review our payment terms of trade below. Should you have any questions please contact us for assistance.
1.1 These terms and conditions set out the basis on which Maxicom (2013) Limited (“we”, “our” or “us”) provides telephone and other services (the “services”) together with related goods including all such goods described in invoices issued by us to you (“goods”) to our customers (“you” or “your”). These terms of service constitute the agreement between Maxicom (2013) Limited (we or us) and the end user (you, your or customer) of Maxicom’s services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.
1.2 Additional terms may apply to your use of some of the services or the provision of goods by us. If so, we will tell you what those terms are (“additional terms”). If there is any conflict between these terms and any additional terms, the additional terms will prevail.
2.1 We are not obliged to provide the services unless we accept your application. We can decide whether or not to accept any application.
2.2 You understand that the Maxicom VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavors to make our services available to you at all times, however things beyond our control such as power outages or the performance of your internet connection may disrupt the service we provide.
2.3 You accept that our VoIP service is a non-compliant voice service under the Emergency Calling Code. Please note Maxicom will still use all means possible to process your emergency call. Non-compliance simply means that this cannot be guaranteed.
2.4 You accept that calls to 0900 premium numbers are not available from Maxicom’s VOIP service.
2.5 You accept that the Maxicom VOIP service might not be compatible with non-voice communications equipment such as home alarms, fax machines, vending machines, dial up modems, Sky Digital and St John Alarms.
2.6 You accept that you are solely responsible for the conference streaming, all contents, information and data that are going to be streamed during any Maxicom provided web conference. By using the service and taking part in a public or private conference, your give permission to transfer all disclosed information and data to every single conference recipient.
2.7 We will use all reasonable endeavors to make the services available to you at all times. If the services are unavailable for any reason we will endeavor to restore service as soon as possible.
2.8 While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make using the services.
2.9 When porting your lines to Maxicom it is your responsibility to check with your existing carrier if you are under contract with them and find out if any penalties will be incurred if you moved your lines to another carrier. Penalties associated with disconnection penalties are not included in our quotes or proposals. Many carriers require that you give them 30 days’ notice of intention to port your services to another provider. Please note that it is your responsibility to provide them with the notice they require.
2.10 Whilst we complete the project there may be a period where both Maxicom’s service and your existing carrier’s service is active and you may receive charges from both carriers for a brief period. This is unavoidable but should be noted and accepted.
2.11 We can suspend or restrict the services at any time if:
- we consider it necessary to protect or maintain the services; or
- we believe that you have breached any of our terms and conditions.
3.1 The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
3.2 Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
3.3 If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises.
3.4 Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment, or delivery, however caused.
3.5 Please contact us should you wish to return good(s) for any reason. All goods to be returned must have a Goods Return Authority issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return.
3.6 Without limiting any rights you may have under the Consumer Guarantees Act 1993 (“CGA”), where faulty goods are returned to us and you have requested a Goods Return Authority within 14 days of dispatch of the goods by us we shall, at our option and your sole remedy, either:
- refund the purchase price of the faulty goods to you in full; or
- replace the faulty goods, provided that the faulty goods (and any packaging or labeling) have not been damaged in any way by you, your employees, agents ,sub-contractors or customers and have not been used for any purpose other than that for which they were intended or been modified or incorrectly installed, maintained, handled or stored.
3.7 Non-faulty goods which we agree to accept return of, must be in saleable condition, and will only be refunded at 90% of the purchase price (being subject to a 10% restocking fee). Freight, delivery and insurance charges incurred in respect of such returned goods will not be credited under any circumstances.
3.8 Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
3.9 To secure payment of all amounts owing to us in respect of the goods and the performance of all your other obligations to us under these terms and any additional terms, you grant to us a Security Interest (as defined in section 17 of Personal Property Securities Act 1999 (“PPSA”) in all the goods supplied by us to you under these terms and any additional terms. By accepting delivery of the goods, you acknowledge that:
- these terms, any additional terms and any related invoice constitutes a security agreement for the purposes of section 36 of the PPSA;
- you have received value as at the date of first delivery of the goods and have not agreed to postpone the time for attachment of the Security Interest granted to us under this agreement.
3.10 You will provide all information and do all things that we may require to ensure that we have a perfected Security Interest in respect of the goods under the PPSA.
3.11 Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms. Until all amounts owing by you to us have been paid and all your other obligations to us have been met:
- you must keep full and complete records of the goods, store them separately or clearly identify them as belonging to us and give us the right to inspect the goods at all reasonable times; and
- you must advise us immediately of any Event of Default or any action by third parties (including any of its creditors) affecting our interest in the goods; and
- we authorise you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the earlier of when an Event of Default occurs or we notify you in writing that this authority is revoked; and
- other than this, you must not sell, lease, dispose of, create a Security Interest in, mortgage or part with possession of the goods or any interest in them (or purport to attempt to do such a thing) or permit any lien over the goods; and
- you must return the goods if requested to do so by us following non-payment of any amount owing by you to us or non-fulfilment of any of your other obligations to us, without affecting any other rights we may have; and
- we can subject to the Credit (Repossession) Act 1997, and without notice, enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so; and
- we can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us; and
- you must not give us a written demand or allow any other person to give us a written demand requiring us to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA in relation to the goods; and
3.12 You waive your right under the PPSA to:
- receive a copy of any verification statement in respect of any financing statement or financing change statement registered by us in respect of any goods;
- receive any notice that we intend to sell the goods or to retain the goods on enforcement of the Security Interest granted to us under this agreement;
- object to our proposal to retain the goods in satisfaction of any obligation owed by you to us; and
- receive a statement of account on sale of the goods.
3.13 If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
3.14 We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
3.15 “Event of Default” means any of the following events:
- you fail to comply with our applicable terms and conditions;
- you have a receiver, liquidator, statutory manager, administrator or similar official appointed in respect of you or any of your property, or any security over any substantial part of your assets is enforced;
- you cease to carry on all or substantially all of your business, are unable to pay your debts when due, or presumed to be unable to pay your debts under any law;
- you make an assignment for the benefit of, or enter into or make any arrangement or compromise with, your creditors or stop payments to your creditors generally;
- you become, or are presumed to be, insolvent or bankrupt;
- anything having a similar effect to any of the events specified above happens under the law of any applicable jurisdiction; or
- if you are an individual, anything having a similar effect to any of the events specified above happens in respect of you.
4.1 The price excludes any amount payable in respect of goods and services tax payable under the Goods and Services Tax Act 1985 (“GST”), which will be paid by you in addition to the price.
4.2 You must pay our charges for the services or goods we provide to you, regardless of whether you or someone else uses those services or goods. We may vary our charges from time to time. If we increase any charge we will give you as much notice as reasonably possible.
4.3 We will invoice you for the services or goods we provide to you. However we may elect to carry forward charges to the next billing period if your usage is below a minimum level. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears.
4.4 You must pay each invoice on the 20th of the month following the date of invoice for goods and general service. For voice over IP phone and internet services we will debit you in advance via our direct debit system. If you do not pay any invoice within that time we may:
- charge you interest on the overdue amount from the due date until the date you pay, at the rate of 2.5% per month and charge you a late penalty fee of 10% on any overdue accounts; and
- withhold any rebate, discount or similar incentive which would otherwise be available to you; and
- suspend or restrict your service; and
- recover from you any debt recovery costs; and
- require you to put in place a direct debit payment arrangement for payment of our invoices.
- If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal of 25% of the unpaid portion of the price, but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and be enforceable by our debt recovery agency under the contracts (Privity) Act 1982.
4.5 If you wish to raise a genuine dispute regarding an invoice of ours you must do so in writing on or before the due date. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.
4.6 We may at our discretion impose a credit limit on your account.
4.7 If you breach any term of this agreement, and we incur costs as a result, then you must pay those costs if we require you to do so.
4.8 If you choose to pay your account by credit card then a credit card surcharge fee of 3.5% of the total invoice value will be charged. Only Visa Card and Mastercard are accepted. We do not accept American Express or Diners Club.
- Using the services
5.1 You must not use the services in a way which:
- breaks any laws;
- infringes anyone’s rights; or
- is malicious, obscene or offensive.
5.2 You must keep confidential any password or PIN number which is used by you to access the services. You must also change your password or PIN number if we ask you to do so.
5.3 Maxicom’s VOIP plans are available on the basis of reasonable use and on a minute by minute basis. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
i) monitor and investigate your usage; and
ii) suspend and/or withdraw the Service; or
iii) charge our standard per minute rate for additional calls
5.4 You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.
5.5 You must ensure that all information you give us is correct. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.
5.6 You agree that we can act on any verbal instructions you give us in relation to the services.
5.7 We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, you must allow us and our contractors access as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.
- Phone numbers and directories
6.1 Any phone number that we allocate to you does not become your property. If we need to change your number we will give you as much notice of the change as we can.
6.2 We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by Maxicom (2013) Limited.
6.3. You may be able to port your Maxicom 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.
6.4 If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
6.5 If you wish your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to the applicable third party directory service (“directory companies”). You agree that directory companies can use your details for those purposes.
6.6 Subject to the terms of the Consumer Guarantees Act 1993, you agree that neither we nor any directory company (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance service or your phone book listing. For the purposes of the Contracts (Privity) Act 1982, this clause is intended to confer a benefit which those third parties can enforce
7. Broadband Services
7.1. This section applies if we provide Maxicom’s Broadband services to you.
7.2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty.
7.3 Any installation fees quoted either verbally or in writing are subject to the installation meeting the criteria for a standard installation. If your particular installation is considered non standard and additional work is required then this will be for your account. You will be notified if your installation is considered non standard and you will be provided with a quotation for the additional work before proceeding with the installation.
7.4 Should you move premises then a disconnection fee and reconnection fee will be payable.
7.5 By using our services you acknowledge that Maxicom and/or it’s upstream service providers can cancel, suspend or change the service at any time, or alter the mechanism by which the service is provided.
7.6 You undertake and agree that you will not use the service for any purpose other than for your own business and at the business premises at which it is installed.
7.7 Maxicom and its upstream providers or partners have the right at any time during the currency of their agreement, to enter your premises to maintain, replace or remove equipment used for the provision of the service.
7.8 Maxicom and its upstream providers or partners may at any time and at their absolute discretion exchange any equipment at the customer’s premises that is used for the service, for new equipment.
7.9. Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.
7.10. You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.
7.11. We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.
7.12 If you are using a Maxicom Unlimited data plan then the total amount of data is unlimited. We may use traffic prioritisation policies for these plans and on our capped plans at any time to improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own network. Connections to servers outside of the Maxicom network are on a best effort basis and it may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside of our control.
7.13 Unlimited plans are intended for use by a single end user customer. Running server farms or sharing a connection between multiple customers is prohibited.
7.14 If you are on a capped plan then once you reach your data limit your internet traffic will be throttled to 256K. Additional data blocks can be purchased if required.
7.15 Our fair use policy applies to any residential or business unmetered broadband service. Your use of the Residential or business unmetered broadband service must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the said service. We will consider your usage to be excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us) (Excessive Usage).
Any entitlements included under our residential or business unmetered broadband service are offered for your own use and benefit only. It does not allow activities aimed at making profit or reselling the residential or business unmetered broadband service or using the said service in an unfair or excessive way. Any such use by you is a breach of this Agreement.
If in our reasonable opinion we consider your usage to be unfair, unreasonable and/or Excessive Usage we may immediately suspend, modify or restrict your use of the residential or business unmetered broadband service or withdraw in full or in part your access to the said service without notice to you.
We may charge you at our discretion for Excessive Usage, which if we do so will be at our standard rates.
8. Term and termination
8.1 Either you or we can terminate the service on giving the other 30 days’ notice in writing. Notice must be in writing to Maxicom (2013) Limited, P O Box 10130, Te Mai, Whangarei 0143.
8.2 If you have entered into a fixed term agreement and you wish to terminate the service before the expiry date on the agreement then you will be liable for an early termination fee. The early termination is calculated by multiplying the monthly fee by the number of calendar months remaining until the expiry date on the agreement. In the event of a part month the amount of days will be calculated in that month and applied accordingly.
8.3 We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement, an Event of Default occurs or if we reasonably believe that you have supplied incorrect or misleading information to us.
8.4 If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination and any early termination fee. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.
9.1 To the extent permitted by law, all representations, warranties, descriptions and conditions, whether implied by law or based on any oral or written representations not expressed in these terms and any additional terms, are expressly excluded.
9.2 Except as expressly provided elsewhere in this agreement, to the extent permitted by law, we exclude all of our liability as well as our upstream service provider’s (Whom we may use to provide such services.) liability to you in connection with us providing goods or services to you or failing to provide goods or services to you. Without limiting this, we and our upstream service providers are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
- if any communication you make is intercepted; or
- if any communication you make is not properly transmitted or received; or
- if any of the services are not available at any time or are faulty; or
- for any delay in commencing the provision of services; or
- if any software we supply does not operate properly; or
- for any error in any directory listing which we arrange; or
- if your computer becomes affected by any virus or worm.
- For any loss of profits, loss of business or any other consequential losses.
9.3 We are not liable to you for any fault in, or non-provision of, goods or services which is caused by an event beyond our reasonable control.
9.4 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.
9.5 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. For the purposes of the Contracts (Privity) Act 1982,this clause is intended to confer a benefit which those third parties can enforce.
9.6 If you are a consumer (as defined in the CGA) and:
- are acquiring or holding yourself out as acquiring the goods and/or services for a business purpose, the CGA will not apply; and
- we do not guarantee that repair facilities and spare parts for the goods will be available.
9.7 Subject to clause 9.5, nothing in these terms or the additional terms will affect or limit any rights you have under the CGA.
10.1 You may at times supply us with personal information about yourself or individuals that are employees, shareholders or directors of you, for example, when you make an inquiry or become a customer. We may also obtain personal information about you and related individuals from your use of our services or from credit reporting agencies.
10.2 By using our services, you agree to us using your personal information and, where appropriate, disclosing it to third parties involved in the service provision, credit reporting agencies, debt collection agencies and our related parties to provide you with services, for marketing and promotional purposes, for credit checking and collection and to research or communicate with you about our current and future services. We may also release personal information when we are required to do so by law or on the request of the New Zealand Police or other government law enforcement agencies for the purposes of a criminal investigation. We may also notify you of other intended recipients or purposes at the time of collection of your personal information. We may not be able to provide you with certain services if all the requested information is not provided.
10.3 Information (including default information) may from time to time be disclosed to, and collected from, trade references you provide to us, credit reporting agencies and debt collection agencies for credit assessment and control and debt recovery. Information disclosed to credit reporting agencies (including default information) will be held by each agency on its system, accessed by the customers of the credit reporting database and used to provide its credit reporting services (including the maintenance of credit information files and supplying the information to other customers of the relevant credit reporting agency).
10.4 Any personal information we collect is kept at Maxicom (2013) Limited’s offices at 20 Herekino Street, Whangarei, New Zealand. Under the Privacy Act, individuals have rights of access to, and correction of, their personal information. You are entitled to see any information we hold about you (although you must pay our reasonable charge for making it available) and to request that any incorrect information be corrected. Just contact us.
10.5 We may record calls you make to us to verify information and for staff training purposes. You may ask to hear these calls at any time and to have them deleted.
10.6 By providing us with your email address and/or cell phone number you consent to receiving commercial electronic messages from us for any of the purposes set out in this privacy statement.
10.7 You authorise us to: (a) collect information about you from any person including trade references, credit reporting agencies and debt collection agencies for any of the purposes set out in this clause 9 and for such entities to provide us with the information we may require; (b) disclose information to any person including trade references, credit reporting agencies and debt collection agencies for any of the purposes set out in this clause 9 and for such entities to collect information from us; and (c) send you commercial electronic messages from us for any of the purposes set out in this clause 9.
10.8 We utilise the public internet and third party networks to transmit voice and other
communications and we are not liable for any lack of privacy with the service.
11. Changing these terms
11.1 We can change these terms from time to time by giving you 35 days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website.
12.1 If you wish to notify us of anything you can do so by writing to us at PO Box 10130 Te Mai, Whangarei, New Zealand or by contacting Maxicom (2013) Limited via our website at www.maxicom.co.nz.
12.2 If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.
12.3 If your contact details change you must advise us of the new details as soon as possible.
13. Other matters
13.1 These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
13.2 You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
13.3 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
14. Support Services
14.1 You may make a request for support in relation to any service in the manner set out in this agreement. We will respond to a support request in relation to a telephone or internet service in the manner set out in these terms.
14.2 We will attempt to resolve a support request as quickly as reasonably possible, taking into account the priority assigned to the problem. When appropriate, we will try to give an estimate of how long a problem may take to resolve. We will keep you informed of our progress in resolving the problem.
14.3 In the course of solving a problem we may issue you with a workaround which will enable you to continue working (albeit with possibly reduced functionality).
14.4 You may request support during the support hours by either:
- Calling the Maxicom (2013) help desk on 0800-567-567 and selecting option 1.
- Emailing the help desk at email@example.com.
- Logging a support request using the online help request tool available on our website.
14.5 Support hours are defined as:
- between 8:30 A.M. to 4:30 P.M. New Zealand time on all business days (“business hours”);
14.6 For the purposes of this clause “respond” means to make reasonable attempts to communicate to the individual requesting support that we have commenced attempting to resolve the issue.
14.7 For the purposes of this clause “resolve” means to remedy the fault reported by the user. Where, despite our reasonable efforts, we are unable to remedy the fault within the target resolution time, we will:
- advise you that we have been unable to do so; and
- notify you of our intended next course of action.