|Terms & Conditions
Please read this agreement in its entirety. All users of our service will be bound by this agreement. We may update this Agreement from time to time. Your use of our Services after the date on which updates are stated shows your unconditional agreement to them as set out below.
1 - Definition of Terms
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "KTSA Communications" or "KTSA", "us", "we" and "our" means KTSA Communications; "Service", means your Internet / Telecommunications services provided by KTSA to customers subscribing for the same; "Client " and "You" means the party or parties who enters into this agreement with KTSA.
2 - Providing You with Service
We strive to provide a reliable 24-hour a day service. If you experience a service quality problem, we will do our very best to resolve it to your satisfaction as soon as possible after notification by you. We agree to only use information provided by you to: -
- deliver services you have ordered
- check your credit and collect any money owed
- tell you about our services
We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.
3 - Using Our Services
Each of our services has an acceptable use policy. You agree to ensure that everybody with access to your accounts with us complies with the relevant acceptable use policy.
You agree to accept responsibility for all aspects of use of our service by anybody who you have given access to your KTSA account. You agree to ensure our service is not used for any activity that breaches the law or infringes another person's rights. You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.
The above clauses do not apply in the unlikely event of an account being unlawfully accessed from the KTSA servers by a third party.
4 - Providing us with Information
You agree to provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name.
You also agree to provide us with any information we reasonably ask for to help us provide services to you.
5 - Payment of Fees
In consideration of KTSA providing you with Internet / Telecommunication service, you agree to payment as follows:
- All accounts are due in full within 7 days of invoice dates.
- All prices stated on KTSA's website are in New Zealand dollars and exclude GST.
- All prices are subject to change with 14 days advanced notice from us. Prices may increase due to increase operating costs for eg. power, internet connection / datacentre related costs and administration costs.
- If payment is not received by the invoices due date, services may be suspended and a late fee of 11% +GST will be applied to the customer's account.
- If an account is Suspended the FULL balance of the account is due before reconnection will take place
- If payment is not received on the account by the invoices due date for domain name renewals a $29 + GST redemption fee applies and the domain name will lapse and will not be renewed until FULL payment is received
- Overdue accounts referred to our debt collection agency will incur all costs of collection pursuant to the Fair Trading Act, 1986.
- Payment of fees can be made by, Visa, MasterCard, Direct Debit, Cheque or Automatic Payment.
- Accounts cancelled within a billing period are responsible for FULL charges for that period.
- Late Payment Fee Exemptions - occasionally KTSA may at it's discretion offer a customer an exemption to the late payment fees, however if efforts to bring a customers account up to date fail and we resort to suspension the offer of exemption will automatically be revoked and late payment fees will apply
6 - Right to Refuse:
KTSA may at any time and without notice to the client cancel, reject, or refuse to continue providing service without providing any reason for such rejection or refusal at any time prior to, or after, offering Internet or Telecommunications services. This right will not be unreasonably exercised. Where KTSA rejects, or refuses to continue providing service, the client will still be liable to pay any outstanding fees up to the date of cancellation.
7 - Cancellation of Service
KTSA's Internet & Telecommunications services are backed by a 30 day money back guarantee (*see restrictions below). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the monthly fees excluding any applicable setup fees, 3rd party services, overages or domain name registrations. Due to security concerns, all account cancellations must be actioned from within your "myKTSA" customer account using the cancellation form provided. Login to your myKTSA customer account here:- http://www.KTSA.co.nz/login.php Cancellations via email or phone requests will not constitute acceptance of any cancellation. Upon cancellation of services, all charges will cease at the end of your current billed period. No part credit or refund will be issued.
8 - Disclaimer of Liability
KTSA is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise. KTSA does not represent or warrant to the Client that the Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall KTSA be liable to the Client for any damages resulting from or related to any failure or delay of KTSA to provide service under this Agreement if such delays or failures are due to strikes, riots, terrorism, fire, inclement weather, acts of God, theft or vandalism or other causes beyond KTSA's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
9 - Applicable law
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
10 – Indemnity
Client agrees to defend, indemnify and hold KTSA harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by KTSA to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by KTSA, but excluding those related to the negligence of KTSA.
11 - DISCLAIMER OF WARRANTIES
KTSA'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. KTSA SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KTSA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF KTSA HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF KTSA'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, KTSA SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO KTSA FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
12 - Acceptable Use
The KTSA servers may be used only for lawful purposes. You may not use KTSA's network in order to transmit, distribute or store material
- in violation of any applicable law,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
- that is obscene, threatening, abusive or hateful.