TERMS AND CONDITIONS
1.1 Term of Payments:
IT Ally Limited invoice one-month charges in advance. A previous-month charge may look as on your bill if you are a new or existing fixed line (phone) and the broadband customer who has changed plans during their billing cycle or new signup with IT Ally. When you do this, the date you changed your services may not be the same as your billing date. We want to make it easy for you to understand why your bill may be a little different than expected. The Customer shall pay the Rental/Lease/Service Charges until the termination of the signed Agreement.
Example: You are a new customer
If you have signed up to a new IT Ally account, your first bill will be a little more than your usual monthly charge. This is because we charge you from the day your plan connects to the day of your assigned billing date (part month charge) + a month in advance. If you have signed up to a $99.99 IT Ally phone and Broadband package on 8th September. Your plan will connect on 8th September but your assigned billing date is not until the 1st of October. You will receive a partial month charge for 22 days (8th- 30th September) You will also receive a full charge of $99.99 for the following month (1st October – 31st October), this is because we charge you for a month in advance. There may also be additional charges for any installation or connection costs
Customer invoices automatically generate and send electronically between 3rd to 10th of the month by email. All invoices charge via direct debit between 18th to 20th of the same month. IT Ally absolutely do not guarantee of 100% delivery of all the invoices to customer’s email due to unexpected factor where customer Inbox is full, delivery to the Spam or Junk box or vice versa. Customer must request a manual invoice in case If fail to receive invoice before 10th of the same month.
1.3 Mode of Payment:
All payments due under the Agreement shall be paid through Direct Debit Authority form signed and agreed by Customer prior to the due date. In case where the customer signed Direct Debit authority with IT Ally and later deliberately cancel prior the expiry date of signed Services and Equipment Lease Agreement will be considered as a breach of IT Ally Services and Equipment Lease Agreement.
Failed to pay the invoices on time either manual or decline of Direct Debit due to whatsoever reason will result suspension of complete or partial services provided by IT Ally and immediately recoverable all the outstanding charges including overdue or any other charges in the shape of handling, installation, equipment rental, legal fee, provisioning of third-party contract fee paid by IT Ally on behalf of customer.
The Customer acknowledges that all the IT Ally supplied Equipment are lease to own and is, at all times remains, the IT Ally’s sole property and the Customer shall have no right to claim the Equipment or any rights in or to the Equipment until the expiry of the signed Services and Equipment Lease Agreement.
2.2 Own Judgement:
The Customer acknowledges and confirms that it has acted solely on its own judgement in taking the Equipment/Services under the Services and Equipment Lease Agreement and has not relied on any representation about the Services and Equipment by or on behalf of the Company, including as to its suitability for any particular use.
2.3 Condition: The Customer acknowledges and agrees that it inspected the Equipment before entering into the Services and Equipment Lease Agreement and received the Equipment in proper working order and condition.
2.4 Continued Performance: The Customer agrees that it will
continue to perform its obligations under the Services and Equipment Lease Agreement notwithstanding any seizure, failure or
breakdown of, or incapacity or damage to, the Equipment or any accident caused by the Equipment.
2.5 Equipment Installations
Installations of any IT Ally provided equipment on either buy outright, Lease or rental basis would cover the first month free maintenance and not liable to provided on-going maintenance of equipment unless otherwise written agreed in the signed Services and Equipment Lease Agreement.
3.1 Installation Duration:
Installation will only begin once agreed and signed Services and Equipment Lease Agreement and Direct Debit Authority form. Only the IT Ally and its service agents/Installers shall be permitted to carry out any installation or removal of the IT Ally provided Equipment which shall be completed as per the signed Services and Equipment Lease Agreement. Regardless any type of network connection, first time installation takes 30 business days estimated time. A new Fiber install time is 30 business days estimated duration, however, due to certain complications during the first-time install can take between 30 business days to few months and IT Ally does not guarantee the install time in any given period of time. The Standard installation takes 3 to 5 business days to switch from your current provider to IT Ally Limited.
3.2 Additional Installation
As per the agreement, IT Ally is liable to cover standard broadband and telephone installation charges only, any additional chorus installation will be charged as per chorus quote provided at the time of installations. It is acknowledged and understood by the customer that IT Ally Limited is not liable to cover any additional chorus installation charges which may occur due to extra distance from the external termination point (ETP) to customer’s premises. In the most cases, the distance from the external termination point (ETP) to the customer premises is within the 200 meters which most ISP’s including IT Ally limited covers under the standard installation agreement. In the event where the customer has distance more than 200 meters from the external termination point (ETP), would likely to contribute the additional charges.
Chorus standard installation service includes:
We consider a standard installation to be a maximum of 200 meters between your boundary and our ETP on your property. If the distance from your boundary to Chorus ETP is more than 200 meters you may need to contribute to the cost of installation. We’ll agree this contribution with you before we begin any work at your place. Please also note that IT Ally does not cover these costs:
Unless otherwise agreed, the standard connection fee of $179+GST applies to all broadband and phone connections and will be applied to your account unless agreed to waive on certain terms. If additional wiring is required at the exchange by a Chorus Technician an additional wiring fee of $290+GST may apply.
3.3 Service Commencement Date
The service commencement date is the day when services aiming to move from your current provider to IT Ally and it is always different to the signed agreement date. It is evidently understood by customer that the signed agreement date does not mean the service commencement date. The Agreement will only start once services and equipment provisioned in complete or partial.
4. SERVICES & EQUIPMENT RELIABILITY
4.1 Warranties & Guarantees
IT Ally do not provide any precise performance assurance or Service Level Agreement (SLA) under this agreement, unless otherwise signed an independent Service Level Agreement (SLA) by both parties in written and signed with all the clauses prior to signing this agreement. However, IT Ally is always dedicated to provide consistent and reliable Service but there could be number of aspects that may affect the reliability of our Services; therefore, IT Ally does not take 100% uptime guarantee of any IT Ally provided services, speed & bandwidth and latency (delay) and Equipment. As an ISP, we may occasionally go down, you should take this into account when choosing this product and services and discuss with your Sales consultant at the time of signing of this agreement and we suggest letting your sales consultant know that what you will want to use it for. We unequivocally can’t guarantee of how quickly we can arrange for the resolution of any problems with the provisioning, outage or any other issue related to any of IT Ally provided services as per this agreement.
4.2 Third party infrastructure and services
Th Broadband Services are delivered to you using our channel partner’s infrastructure and Network and IT Ally has no 100% absolute control over the accuracy, competences, suitability, quality of the equipment and services provided under this agreement. You must insure your all the inquiries with the relevant third-party supplier directly before relying on any information provided by IT Ally prior to enter into an agreement or transaction in relation to third party products and services supplied by IT Ally. Contrarily, IT Ally does not guarantee for any of the third-party equipment and service linked to IT Ally provided services or equipment will be completely hassle free for any given period of time. Nothing in this term affects your rights under the Consumer Guarantees Act 1993 and the Fair-Trading Act 1986 where services are acquired for personal, domestic or household use or consumption
Broadband is not available in all the areas and broadband speeds do vary from location to locations. Internet Speed varies based upon certain factors which impact the speed including how close your premises is from the exchange or ETP, your PC modem card speed, wiring, WiFi coverage, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of 3rd parties that we use to provide the service to you. If your average broadband speed is low (approximately one megabit per second or less) we do not recommend you purchase a plan with a monthly data allowance of more than 150 gigabytes. UFB Fibre provisioned in many different capacities and has very different speed depending on the policy you signed with us. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch will have a Fibre service with the ability to deliver speeds up to 100mbps downstream and 100mbps upstream. The rest of NZ will have a serviceable to deliver up to 1000Mbps downstream and 500Mbps upstream
The network stability and performance of your Broadband can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies. Occasionally network outages do occur but when it occurs, we do record a message about the fault which you can reach us on 0800 482 559 / 096660101 and by pressing option 4. There is no charge for fixing such faults during our normal business hours except where you, or anyone is responsible for, causing the fault or if the fault lies within your own equipment (e.g. your computer, power sockets, switch etc.). If we arrange for a service technician to visit your premises and our technician finds no issue with the network, it would be considered as no “fault found” which will be charged as “No fault found fee” upon pre-agreed condition and chargeable as one-off labour charges fee. If you are still having problems with your IT Ally Provided Services, call us on 0800 482 559. All standard IT Ally terms and conditions can be found on IT Ally website. (https://www.it-ally.co.nz/terms-conditions/) A reactivation fee of $295 will be applied to your IT Ally Limited account to unbar suspended services. All services re-assigned to IT Ally Limited are in contract for the duration of the term specified on this form
5. PENALTIES OF TERMINATION
5.1 Early Termination Charges & Payment:
It is to be understood that the following contract is a fixed term monthly agreement between service provider “IT Ally Limited” and the service holder as per the signed Customer agreement page on Clause 8.1. By signing of this agreement, Customer must be bound to hold the above described services and fulfill his obligations up to the duration specified at the Clause 8.1. By disconnecting or moving of services before the agreed period specified on Clause 8.1 by any means would result an immediate termination charges calculate as per the termination charges described in the clause 8.1.
In the event where deliberately terminated the services and breached signed Services and Equipment Lease Agreement, the Customer must pay to the Company, all outstanding charges including equipment and other moneys due and payable by the Customer; and an amount equal to all remaining signed Services and Equipment Lease Agreement payments for the balance of the Minimum contract Term (if terminated prior to the expiry of the Minimum Rental Term). Furthermore, IT Ally must charge 20% per annum interest rate from the due date (or date of demand) until the payment is made to the Company calculated on a daily basis. The interest rate is chargeable on any overdue payment, legal fee to the lawyer or any amount spent to recover the loss and money spent for the recovery of any overdue amount held by the customer in any shape of equipment, rental, overdue invoice or contract fee paid to a third-party contractor on customer behalf.
6. LIMITATION OF LIABILITY
6.1 Service Provider’s Liability
If the Company breaches any of its obligations to the Customer under a Services and Equipment Lease Agreement, the Company’s liability to that Customer shall be limited to the greater of either the costs of replacing the Equipment in respect of which the obligation has been breached with product of equivalent specification or the total Rental for that Equipment paid by the Customer.
6.2 Service Provider’s Liability to a Third-Party
The Company in no case shall be liable for any consequential losses of any kind suffered by the Customer and this provision applies notwithstanding of the Contractual Remedies Act 1979.
7 GENERAL TERMS AND CONDITIONS Section
7.1 Calling Charges
All eligible calls are standard local, national, landline to cellular and International calls and are charged in per minute blocks. For any rates not specified on this rate-card can be charged at the rate of standard IT Ally call rates listed on IT Ally website or can be found by reaching us on 0800 482 559/ 096660101
7.2 Toll-Free Service
A Toll-free number (0800, 0500, 0508 etc.) is an inbound calling service which is billed for all inbound calls. If your Package includes any Toll-Free service then IT Ally must clearly mention Toll-Free Service rate separately
7.3 Overpayments: Where, at the date the Agreement terminates, a credit is due to the Customer through the Customer having overpaid any amount due under the Agreement, the Company may deduct a processing fee before refunding that credit to the Customer.
7.4 Order of Payments: The Company may choose to waive Standard broadband installations, One-off Porting fee, Equipment setup Fee or any other payment of any amount due under the Agreement but this shall not waive or prejudice the powers the Company has in respect of that payment or any remaining or future payment. The Company may determine the order and priority in which any payments are applied. Generally, the Company will apply them in the following order (but the Company may alter this without notifying the Customer):
(a) Any overdue amount;
(b) Any fees and/or charges;
(c) Any payment due under the Agreement; and
(d) Any other amounts owing to the Company
7.5 Default Interest: If the Customer fails to pay any amount to the Company due under the Agreement on the due date or on demand in accordance with the Agreement, interest will accrue on such amounts at the rate of 20% per annum from the due date (or date of demand) until payment is made to the Company calculated on a daily basis.
7.6 Warranties: The Customer and Guarantor each represent and warrant to the Company that:
(a) The Agreement is validly entered into, constitutes legal, valid and binding obligations of it and is enforceable in accordance with its terms; and
(b) All the documents and information given to the Company by it (including Company’s legal information, ID, Address or financial condition etc) are true and fairly represent its position.
7.7 Covenants: The Customer and each Guarantor each covenant that:
(a) It will not change its name without first providing the Company with at least 14 Working Days’ notice of its new name; and
(b) It will notify the Company immediately of any change in its address.
7.8 Customer May Not Assign: The Customer may not assign or transfer all or any of its rights, benefits and obligations under the Agreement without the prior written consent of the Company (in its sole discretion).
7.9 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
7.10 Partial Invalidity: If at any time any provision of this Agreement becomes illegal, invalid or unenforceable in any respect then that provision shall be severed from this Agreement and the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected or impaired in any way.
7.11 Survival of covenants: All covenants, agreements and indemnities on the part of the Customer in the Agreement, including (without limitation) the provisions of these Standard Terms, shall remain in full force and effect after the termination of the Agreement and shall not be or be deemed to be waived, merged or extinguished on such termination. The covenants, agreements and indemnities shall only be discharged when
all amounts owing under the Agreement have been paid in full.
7.12 Entire Agreement: This Agreement sets out all the terms on which the Customer has agreed to enter into this Agreement. Nothing the Company or any other person has advised (either orally or in writing) contradicts these terms. The Customer acknowledges that any variation to
the Agreement must be approved by the Company in
7.13 Joint and Several Obligations: Where the Customer and/ or the Guarantor shall consist of more than one person, the obligations of the Customer and/or the Guarantor, as the case may be, under this Agreement shall be joint and several.
7.14 Reinstatement: If any payment to the Company under an Agreement is avoided by law, the Customer’s obligation to make such payment will be deemed not to have been affected or discharged.
7.15 Guarantee: In consideration of the Company at the request of the Guarantor entering into this Agreement, the Guarantor hereby unconditionally and irrevocably guarantees to the Company the due and punctual payment by the Customer of all moneys payable by the
Customer to the Company under this Agreement and the due and punctual performance by the Customer of its obligations under this Agreement.
7.16 Ongoing Guarantee: The guarantee in clause 4.1 is an ongoing guarantee and will remain in full force and effect until a release of the Guarantee has been signed by the Company and delivered to the Guarantor. The Guarantor’s liability under clause 4.1 shall not be affected by the liquidation of any party, any indulgence by the Company to the Customer, the non-exercise by the Company of any rights and powers under the
Agreement, the release, variation or abandonment of any Security or other guarantee held by the Company or by any other matter which might otherwise release or limit the Guarantor’s liability under clause 4.1
CUSTOMER AND GUARANTOR’S ACKNOWLEDGEMENT & SIGNATURE
By signing this agreement, I/we authorize that I have read and fully understand the terms of services, and by signing this contract I enter into an ongoing Services agreement described above. Furthermore, I/we agree that if this contract is accepted by IT Ally Limited, then I/we will be bound by the Terms and Conditions contained in this and the relevant Sale Agreement. I/we have read and understood the particulars which have been completed in this agreement and declare that they are true and complete and have been made to IT ALLY LIMITED to provide Telco and any other above-mentioned Services.
Any Equipment Sold and Installed would not deem to be an Early Termination charge and must recover the full amount of equipment as per the signed agreement. Any equipment purchased under this agreement would consider as purchased apply manufacturer warranty, Customer will own and retain the provided equipment at the end of the contract expired.