1.GLOSSARY OF TERMS
1.1.Warp Speed Computers means: Warp Speed Computers
Limited
1.2.”Services” means:
Provision of access to any kind of software,
databases, data, information and all other material.
Ancillary services including, but not limited to,
reception of and transmission of data, supply and/or
installation of hardware, software, electronic
storage, helpdesk or consultancy services.
1.3.”GST” is the Goods and Services Tax under the
Goods and Services Act 1985.
1.4.”User” includes bodies corporate or
unincorporated, partnerships, trusts, local or
public authorities and any other entities or
combinations thereof. Where a pronoun is used in
this document, it should be read to include “he”,
“she”, “his”, “her”, “hers” or “its”.
2.THIS AGREEMENT
2.1.IF YOU DO NOT AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS AT ANY TIME YOU MUST
IMMEDIATELY CEASE USE OF THE SERVICES and must
send notice of account cancellation in writing to
Warp Speed Computers. The user remains liable for
any applicable charges incurred to that time. No
penalty will apply to such cancellations except as
otherwise specified in these Terms and Conditions.
2.2.Warp Speed Computers reserves the right to
modify the Terms and Conditions, the services or
the fees charged for any of its services at any
time.
2.3.Warp Speed Computers will give existing
customers at least 30 days notices of any changes
to its fees or services by sending an email
message to their email address as recorded on
file. The user acknowledges that it is their
responsibility to keep us updated of any change of
email address and to read the updated Terms and
Conditions upon receipt of such message.
2.4.A notice will also be placed in the
‘System News’ for 7 days from first notice of the
new Terms and Conditions.
2.5.Warp Speed Computers current rates and
charges may be obtained from our web pages or by
contacting Warp Speed Computers.
2.6.Each part of these Terms and Conditions is
severable from the remainder and if any part is
proven illegal, void, invalid or unenforceable
– the legality, effectiveness and validity and
enforceability of the remainder of these Terms and
Conditions still applies.
2.7.Business and Domestic Use – Consumer
Guarantees Act 1993. These terms and conditions
apply to both business and private use of our
services. If you are not acquiring our services
for purpose of a business (as defined in the
Consumer Guarantees Act 1993), then the Act
applies and nothing in these terms or conditions
limits your rights under it.
3.LIABILITY
3.1.Neither party is liable to the other for
failing to meet is obligations under the Agreement
to the extent that the failure was caused by an
act of God or other circumstance beyond its
reasonable control.
3.2.Except to the extent that the Consumer
Guarantees Act 1993 applies for non-business
users, you agree that Warp Speed Computers shall
not be liable for any damages whatsoever,
including but not limited to, loss of profits, for
any claim made by you even though Warp Speed
Computers may have been notified of such damages
or claim.
3.3.For any claims that you may have in connection
with this agreement, your sole and exclusive
remedy against us is limited to the maximum of one
months charge with us.
3.4.Except as specifically outlined herein, we
make no warranties or conditions, express or
implied, including the implied warranties or
conditions of merchantability, quality and
fitness for a particular purpose relating to our
service or the service of any other service
provider. Further we disclaim any liability or
responsibility arising from any claim that your
access or use of the service or any other
provider’s service or products infringes any third
party’s intellectual property rights.
3.5.You agree that these people are not liable to
you in relation to our services: – Our employees,
contractors, officers and agents – Any network
operator or other person whose services we use to
provide services to you (or any of their
employees, contractors, officers and agents).
4.SUBSCRIBING TO OUR SERVICES
4.1.You must be at least 18 years old to register
for this service.
4.2.Warp Speed Computers reserves the right to
refuse subscription to any services without giving
a reason for such refusal.
5.PAYING FOR OUR SERVICES
5.1.Under these terms and conditions you agree to
pay for all the services that we provide to you
and charge to your account (even if someone else
uses those services; such services will be treated
as having been used by you) by the due date shown
on your bill.
5.2.The billing cycle for our Hosting Services is
from the 19th of each month to midnight 18th of
the following month
5.3.Warp Speed Computers will regularly issue the
user a tax invoice (either electronically or on
paper) for use of the
services.
5.4.All invoices are due within 7 days and are
payable by Cheque, Credit Card or Direct Debit.
5.5.Some charges may be billed one month or
more in advance or arrears.
5.6.Any plan changes must be made before the
18th of every month.
5.7.Warp Speed Computers reserves the right to
restrict or suspend service for non-payment.
5.8.Credit will not be given for periods where
access to the service has been limited resulting
from non-payment. Additionally – the client agrees
to pay any legal, debt collection and/or
processing fees should this prove necessary.
5.9.Any hours or data usage that you do not
you use as specified in your pricing plan with in
the relevant billing period cannot be accumulated,
nor can you claim a refund from us.
5.10.Please contact Customer Services if you
have any questions about your bill. If we agree
that we have made a mistake then we will correct
the bill. If we have found that there is no
mistake and the due date for the bill has already
passed, you agree to pay the bill straight away.
If you have not contacted us before the due date
shown on your bill, then you agree to pay the full
amount.
5.11.If your account is overdue we may:
– Suspend any or all of the services that you have
asked us to provide; – Charge you any temporary
disconnection and or reconnection charge;
– Continue to charge you any recurring monthly
charge applicable for those services during the
period of suspension, until such time as you
provide notice of your intentions to withdraw from
using our services 30 days from the date of
notification.
5.12.If you fail to pay your account on time and
should an out sourced agency be required to
recover any outstanding monies, you agree to pay
all charges including, but not limited to:
collection fees; legal fees; and any cost incurred
by Warp Speed Computers in recovering this sum.
6.CREDIT
6.1.Warp Speed Computers may from time to time
require the user to provide credit references.
The user irrevocably agrees that Warp Speed
Computers may make any enquiries deemed necessary
to provide or to continue to provide the user with
credit facilities.
6.2.You agree that we may pass on information
about you to third parties so they can run credit
checks on our behalf.
6.3.Services may be terminated without notice if
in Warp Speed Computers sole opinion the user
becomes a credit risk.
6.4.The user is entitled to see, and to correct,
any credit information held by Warp Speed
Computers about the user.
6.5.You may have to pay us a deposit before you
can use, or continue to use, our services. We will
notify you when this is required.
7.YOUR RESPONSIBILITIES
7.1.Users must make sure that all information you
give us about yourself is correct.
7.2.You agree to notify us immediately of any
change of your address, phone number or preferred
contact email address.
7.3.Users are not permitted to involve themselves
in any actions that may be deemed “Hacking”.
7.4.You agree that you have not received any
warnings, had your account suspended / closed or
had an account declined by any previous Internet
access point you have used.
7.5.You will be responsible for protecting your
computer against any virus, unauthorised access
and spam. We recommend that you install
appropriate firewalls, spam filters and anti-virus
software as we do not provide any spam or virus
protection on top of email spam and virus
protection. We accept no liability in relation to
any virus, unauthorised access or spam experienced
by you.
7.5.General guidelines and repercussions can be
found under ‘Acceptable Use Policies’ in this
section.
8.USE OF SERVICES
8.1.Your password and connection is for use only
by you and the immediate household members/company.
8.2.Passwords are under your control and
unauthorised use, including any charges associated
with that use, is entirely your responsibility.
However, if you can produce sufficient evidence
that someone has accessed your account from
outside your household/company we can investigate.
There is a minimum fee for this service of $60.00,
which may be refunded provided the following
conditions are met: – Criminal charges can be laid
on the individual that accessed your account.
– You can prove you took reasonable efforts to
maintain confidentiality of your username and
password.
8.3.It is illegal to view certain types of
information (notably certain types of pornographic
material) in New Zealand. Users of Warp Speed
Computers may not break any laws while using the
services. The availability of such material on the
Internet is beyond Warp Speed Computers control.
Please see ‘Product Specific Terms’ for more terms
related to the use of our services.
9.PRIVACY
9.1.During the operation of an Internet system, it
is occasionally necessary to monitor information.
Warp Speed Computers reserves the right to monitor
any traffic through the system.
9.2.Information may be recorded electronically –
including but not limited to Caller ID, Duration
of call, amount of data transferred and any
relevant personal details.
9.3.All customer information will be kept in
accordance with the New Zealand Privacy Act 1993.
9.4.Information disclosure may be made by Warp
Speed Computers to satisfy laws, regulations or
governmental requests; to operate the Service
properly; to protect itself or its members or to
enhance services that we provide. We may monitor
or record calls to customer services for training
purposes and to improve service quality.
9.5.You can at any time make a written request to
see any personal information that we hold or to
ask us to correct any mistakes in that
information.
9.6.You agree that we can collect information
about you (such as your home address, phone number
and evidence that you will be able to pay for our
services) and the ways that you use our services.
We will ask you for this information or we will
obtain it from our records. You agree that all the
information you give us is correct and compete.
You agree that we can use this information and can
pass it on to our employees, contractors, agents
and suppliers for a range of lawful purposes
connected with our business operations, including,
but not limited to:
– complete credit checking
– provide services to you
– administering your account;
– recover overdue accounts
– keep you informed about our services
– looking at ways in which we can improve our
services
– sending you bills
9.7.You agree that we can use the information we
have collected about you to keep you informed
about services offered by Warp Speed Computers
and our carefully selected business partners,
unless you have told us that you do not want to
receive this information.
10.ENDING THE AGREEMENT (AND
INDIVIDUAL SERVICES)
10.1.Either party may terminate the contract upon
the supply of one month written notice.
10.2.If you request cancellation, the process is
considered complete upon the receipt of a
confirmation from Warp Speed Computers.
10.3.Upon termination of the user’s access to the
services, all payments due by the user to Warp
Speed Computers under these Terms and Conditions
will be immediately due and payable, and the user
agrees that any such monies will be paid to Warp
Speed Computers immediately upon demand.
10.4.No refund is given on monthly fees paid in
advance, where you terminate a service part way
through the period for which you have paid.
