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Terms of Conditions

1. These Terms
1. These terms and conditions set out the basis on which we provide telephone and internet
services to our business customers, whether those services are used for business or
residential purposes.
2. Additional terms may apply to your use of some of our services. If so, we will tell you
what those terms are. If there is any conflict between these terms and conditions and any
additional terms, the additional terms will prevail. The additional terms shall be deemed to
form part of these terms and conditions, so a breach by you of the additional terms shall be
deemed to be a breach of these terms and conditions.

2. Acceptance, Contract Commencement and Minimum Term
1. You acknowledge that the person signing the contract agreement or application form is
an authorized signatory for your business.
2. Your agreement with us and any associated contract term for Services will commence on
either:
a. The date that we advise you via your nominated email address that the Services are
available for your use, or:
b. Your billing commencement date.
3. Where multiple services are provided, the contract start date for each service may vary.
4. Use of Services will continue for at least the minimum term specified in your Application
For Service unless this agreement is terminated in any of the ways described in clause 9.

3. Our Services
1. We are not obliged to provide services unless we accept your application. Acceptance
only occurs when we communicate this in writing or when we supply services to you. In
either event, these terms and conditions shall constitute the agreement between us. We
can decide whether or not to accept any application.
2. We will be responsible for determining the manner in which the services are to be
provided. For example, we may sub-contract other carriers to provide part of any service.
3. 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. 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 service as soon as
possible. If you need assistance in using our services please call our support centre on 09 357 4040.
4. 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 our services.
5. We can suspend or restrict our services at any time if:
a. we consider it necessary to protect or maintain our network or anyone else’s
network; or
b. we believe that you have breached any of our terms and conditions.
6. Network charges will still apply during the period of any suspension. In addition, if our
services are suspended because of your breach, we can charge you a reconnection fee if
services are to be recommenced.

4. Charges, Invoicing and Payment
1. You must pay our charges for the services we provide to you, regardless of whether you
or someone else uses those services.
2. We may vary our charges from time to time. If we increase any charge we will give you as
much notice as reasonably possible. You can always check the latest available charges by
calling customer services on 09 375 4044.
3. We will invoice you monthly for services we provide to you. Fixed charges are payable in
advance. Usage based charges (such as toll calls) are payable in arrears. Our preferred
method of invoicing is by means of an emailed .pdf invoice. If you require us to
post an invoice to you then we reserve the right to charge you for doing so.
4. Unless stated otherwise, all pricing quoted for Cardy Communications Cloud Services
business customers is excluding GST.
5. Unless stated otherwise, calls are charged on a minute plus second basis (calculated to
the next second). There is a one minute minimum charge for each call. The charge for each
call is rounded to the nearest cent.
6. You must pay each invoice within 19 days of the invoice date. 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 1.5% per month compounding monthly; and
a. withhold any rebate, discount or similar incentive which would otherwise be
available to you; and
b. suspend or restrict your service; and
c. recover from you any debt recovery costs including legal costs on an indemnity
basis for the enforcement or attempted enforcement of any of these terms and
conditions; and
7. If you pay by credit card (Visa, Mastercard), the name that will appear on
cardholder statements will be CardyComm.
8. Cardy Communications Ltd is a New Zealand business and all credit card transactions will be
billed in New Zealand dollars.
9. If you wish to raise a genuine dispute regarding an invoice from us you must do so in
writing within 19 days of the date of the invoice. We will consider any issues raised in good
faith and will promptly advise you of any resolution or amendment to our charges.
10. We may at our discretion impose a credit limit on your account.
11. If you breach this agreement, then you must on demand pay our legal costs on an
indemnity basis for the enforcement or attempted enforcement of any of these terms and
conditions.

5. Using Our Services
1. You must not use our services (or permit our services to be used) in a way which:
a. breaks any laws;
b. infringes anyone’s rights; or
c. is malicious, obscene or offensive.
2. You must keep confidential any password or PIN number which is used by you to access
our services and we recommend that you change this on a regular basis for security reasons.
You must also change your password or PIN number if we ask you to do so.
3. You must comply with any reasonable restrictions we impose or directions we give
regarding the use of our services.
4. Calling Pack - Fair Usage Policy: Fair usage is determined by looking at average customer
usage patterns in any given month. If your calling activity is inconsistent with normal
business usage patterns, we may deem your calling to be unfair and ask you to moderate
your usage. If you fail to do so, we reserve the right charge our standard per minute rates
and/or remove the service from your account. We also reserve the right to remove any
country from an international calling pack.
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.
6. You agree that we can act on any verbal instructions from authorized personnel in
relation to making changes to your services.
7. We may install equipment and carry out other work at a customer’s premises. If we do so
at your premises, then you grant to us and our contractors an irrevocable license to enter
your premises 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.

6. Broadband Services
1. This clause applies if we provide broadband internet access services to you.
2. 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. Other issues
beyond our control (such as problems with your phone line, or in the telephone network) may
also result in you being unable to connect, or to send or receive data at those speeds. We
cannot guarantee that our broadband services will always be available or that they can always
be utilized for any particular purpose.
3. You are responsible for all data used over your broadband connection. Cardy
Communications recommends that you have sufficient security in place to protect your
network.
4. If you are on an “uncapped” or “unlimited” plan the total amount of data you can upload or
download is unlimited. We may use traffic prioritization policies for these plans and 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 the Cardy Communications 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 our control.
5. If your phone line is disconnected for any reason, we will be unable to provide broadband
service to you and this will mean that you have terminated our agreement for the provision of
that service. If services are reinstalled, even on the same phone number, you may incur
installation charges.
6. If you change your address or phone line you will need to:
a. provide us with a minimum of 21 days’ notice of the change to minimize service disruption;
and
b. cancel all current broadband services to avoid unwanted charges, even if the phone line is no
longer valid. Services must be reinstalled on the new phone line and even if you are maintaining
your existing phone number you may incur installation charges. We will not always be able to
supply broadband services on the new line or to that new address in which case you will have
terminated our agreement for the provision of that service.
7. To maintain the integrity and reliability of the Cardy Communications network we reserve
the right to occasionally manage customers’ broadband routers. This will ensure a high level of
security within the network and may include such tasks as updating router firmware, updating
DNS settings and updating / changing general router settings.

7. Supply of Equipment
1. We may from time to time supply equipment to you in connection with our provision of
services to you. Where we do so, unless we agree otherwise, you hold the equipment as
bailee only, and have no ownership rights to that equipment.
2. You acknowledge we have supplied to you any equipment specified in your application
form.
3. You must return to us upon termination of this agreement all equipment which we supply
to you, unless we agree otherwise. If you do not return any item of equipment to us within
30 days of termination of this agreement then you must pay us on demand the full cost of
that item of equipment. You must also meet any repair or replacement costs if the
equipment is damaged, lost or destroyed while under your control.
4. If requested by us, you will sign a document which identifies the equipment we supply to
you. You will also sign any other document and provide us with any other information which
is reasonably necessary for us to register a financing statement in respect of the equipment
we supply, in terms of the Personal Property Securities Act.

8. Phone Numbers and Directories
1. Any phone number that we allocate to you does not become your property. We may
need to change your phone number. If we do need to change your number we will give you
as much notice of the change as we can.
2. 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 Telecom. You agree that Telecom
can use your details for those purposes.
3. You agree that no member of the Yellow Pages group of companies (or their officers,
employees, contractors or agents) has any liability to you in connection with the directory
assistance service or your phone book listing.

9. Termination
1. If you have agreed to use a service for a fixed contract term, then you must do so. You
can terminate the service during the fixed term by giving Cardy Communications Ltd. 30 day’s
written notice and paying the early termination fee. If you terminate this agreement prior to
the expiry of the Term then:
a. You will repay to us any promotional offers, sign-on or welcome credits we have
given against your account; and
b. The early termination fee which is specified in your contract and/or application
form for that service; or
c. Where none is specified, then it shall be as detailed on the Early Termination
Charges Schedule. This can be found at www.cardycomm.co.nz/earlyterminationcharges
2. If a Hardware Fund has been provided, any unused balance of any hardware fund
provided will be forfeited on the date that you notify us of termination of this agreement if
the agreed contract term has not been completed.
3. For services where there is no fixed contract term, or where the fixed term has expired,
either of us can terminate that service on giving the other 30 days’ written notice.
4. Where you wish to terminate a service under sub-clause 8(1) above you must do so in
writing to your account manager or by sending an email to accounts@cardycomm.co.nz.
5. If you terminate any service under sub-clause 3 above without giving Cardy Communications
Ltd. 30 days’ written notice, you will be required to pay 30% of the early termination fee
payable in subclauses 8(1)(b) and 8(1)(c) above.
6. We have the right to terminate an account if all billing on the account has ceased for a
period of 3 months.
7. We can terminate the provision of any service to you on no less than 30 days’ written
notice if a third party service provider or carrier does anything that alters the circumstances
in which we provide the services to you (i.e. including factual circumstances or financial
conditions or circumstances) from those that existed on the day you entered into this
agreement.
8. We can terminate this agreement, or the provision of any service to you, immediately if
you breach any term of this agreement or if we reasonably believe that you have supplied
incorrect or misleading information to us.
9. If this agreement is terminated for any reason you must still pay us for services provided
to you up to the date termination takes effect. If you have prepaid for a service, no refund is
payable to you on termination unless we agree otherwise.

10. Liability
1. We exclude all of our liability (including liability in contract, negligence, nuisance,
otherwise in tort, equity, by statute or otherwise howsoever) to you in connection with us
providing services to you or failing to provide services to you or for any other breach by us
of the express or implied terms of this agreement. This exclusion of liability shall extend
to include all and any liability of our officers, employees, contractors or agents. Without
limiting this, we are not liable to you:
a. if any communication you make is intercepted;
b. if any communication you make is not properly transmitted or received;
c. if any of our services are not available at any time or are faulty;
d. for any delay in commencing the provision of services;
e. if any software or equipment we supply does not operate properly;
f. for any error in any directory listing which we arrange;
g. (for internet customers) if your computer becomes affected by any virus.
2. We are not liable to you for any fault in or non-provision of services which is caused by an
event beyond our reasonable control.
3. If you use another service provider’s services 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.
4. 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. This clause is intended to confer a benefit
which those third parties can enforce.
5. If we are held to be liable to you for any reason, then our liability to you is limited to an
amount equal to our average charges to you for one month in respect of any single event or
related series of events and to a maximum amount equal to our average charges to you for
a three month period in any one year.
6. Notwithstanding any other clause in this Agreement, we will not be liable to you in tort
(including negligence), contract or otherwise for any economic loss, loss of profit, loss of
revenue, loss of anticipated profit or savings, or for any indirect, special or consequential
loss or damage, however caused.
7. You agree that you are using our services for the purposes of a business and that any
rights you may have had under the Consumer Guarantees Act are excluded.

11. Privacy
1. You may at times supply us with personal information, for example, when you apply to
become a customer. We may also obtain personal information from your use of our
services.
2. You agree to us obtaining information about you from Credit Reporting Agencies for the
purpose of credit checking where this may be required to provide you with services. You
also agree to us disclosing information about you to Credit Reporting Agencies for collection
purposes.
3. You agree that personal information that we have obtained from you can be shared with
other networks, for the purpose of monitoring and investigating fraud and other offences.
We may also share your information with public sector agencies in order for them to
investigate an offence.
4. Any personal information we collect is kept at our offices at Cardy Communications Ltd, Level
1, 2 Cain Road, Penrose, Auckland. 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.
5. We may record or monitor calls between us to verify information and for staff training
purposes.
6. If another Cardy Communications customer calls you, your name will appear on that person’s
account as the called party. If you do not wish this to occur then please call customer services
on 09 375 4040.

12. Changing these terms
1. We can change these terms from time to time by giving you 30 days’ notice. We will
inform you of any change by emailing or writing to you, by putting a notification on your
invoice or by providing relevant information on our website.

13. Notices
1. If you wish to notify us of anything (other than to terminate your agreement with us) you
can do so by writing to us at Level 1, 2 Cain Road, Penrose, Auckland or by calling 09 375 4040.
We may require you to confirm in writing any advice you give us by phone.
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.
3. If your contact details change you must advise us of the new details as soon as possible.

14. Other matters
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.
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.
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.

EARLY TERMINATION POLICY

1. If you have agreed to use a service for a fixed contract term, then you must do so. You can terminate the service during the fixed term by giving Cardy Communications Limited Communications 30 day’s written notice and paying the early termination fee. If you terminate this agreement prior to the expiry of the Term then:

a. The early termination fee which is specified in your contract and/or application form for that service; or

b. Where none is specified, then it shall be as detailed on the Early Termination Charges Schedule.

 

2. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate that service on giving the other 30 days’ written notice.

3. Where you wish to terminate a service under sub-clause 1 above you must do so in writing to your account manager or by sending an email to Accounts@Cardycomm.co.nz.

4. If you terminate any service under sub-clause 2 above without giving Cardy Communications Limited Communications 30 days’ written notice, you will be required to pay 30% of the early termination fee payable in subclauses 1(a) and (b) above.

5. We have the right to terminate an account if all billing on the account has ceased for a period of 3 months.

6. We can terminate the provision of any service to you on no less than 30 days’ written notice if a third party service provider or carrier does anything that alters the circumstances in which we provide the services to you (i.e. including factual circumstances or financial conditions or circumstances) from those that existed on the day you entered into this agreement.

7. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

8. If this agreement is terminated for any reason you must still pay us for services provided to you up to the date termination takes effect. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.

SCHEDULE OF CHARGES

For Cardy Communications Limited Communications customers:

Type Service

Early Termination Fees

Lines and Calling

Monthly subscription for the remainder of the term

SIP Trunk

$150/trunk

Cloud Subscription

Monthly subscription for the remainder of the term

Service Level Agreement

Monthly Fees for the remainder of the ter