Terms

1. This Agreement

1.1 This Agreement applies to all DTS customers. It comprises the following parts which, in the event of any inconsistency, will apply in descending order of precedence:

• the completed application form (as varied from time to time)
• the terms and conditions set out below.

2. Acceptance of your application

2.1 Applying for the services does not guarantee that the services will be provided to you. We will process your application and, if accepted, shall begin providing the services. DTS reserves the right to decline your application without giving a reason.

3. Your responsibilities

3.1 Gaining access to the internet
Except as otherwise provided in this Agreement, you are responsible for providing the computer, hardware, software and all other equipment required to use the services.

3.2 Your use of the services
At all times during the term of this Agreement you will:

• comply with (and ensure that anyone else who uses the services complies with) these terms and conditions and such system operating procedures, instructions and acceptable use requirements as notified by us to you from time to time
• ensure your use of the services does not interfere with or disrupt the DTS network
• not use the services for any unlawful or offensive act
• not use the services to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory
• not use the services to distribute multiple unsolicited electronic mail to large numbers of persons including, but not limited to, electronic mail advertisements (spamming)
• not use the services to gain or attempt to gain unauthorised access to any computer systems, or in a manner which infringes the rights of any person
• take all reasonable care (in accordance with industry accepted standards of best practice) to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person on the Internet, our system included
• be responsible and liable for any use (authorised or unauthorised) of the services by any other person (including any charges associated with that use).

3.3 Notification of change of personal details
You must notify us immediately if any of your personal details change.

4. Our rights

4.1 If we receive a complaint (which does not necessarily need to be substantiated) or we form our own opinion to the effect that you are, or may reasonably be said to be, in breach of the usage rules contained in clause 3.2 then we may, after consulting with you:

• require you to edit the material in question or edit that material ourselves
• delete the material in question
• suspend the Services for an indefinite period
• treat that breach as a material breach and terminate the Agreement in accordance with clause 13.2 below.

5. Provision and use of the email services

5.1 We aim to deliver your email to the destination to which it is addressed whenever this is reasonably possible.

5.2 We will retain ownership of any DTS email address that is allocated to you as part of the Services. In the event that this Agreement is terminated, we may allocate that DTS email address to another customer.

5.3 You agree to promptly remove your email from our mail server and to keep the space used by your files on our system to one megabyte or below. We reserve the right to remove email data in excess of one megabyte left by you on our mail server unless we have previously entered into an alternative arrangement with you. Nor will we be liable for the loss or removal of any other data from our mail server that relates to you.

6. Your security obligations

6.1 If we will allocate you a password to enable you to use the services, you:

• must maintain the security of the password
• must advise us as soon as you become aware of any misuse or breach of security in relation to the password
• will be liable for any use (authorised or unauthorised) of the services by any person using the password, including any charges associated with that use.

7. Our responsibilities

7.1 We will strive to provide reliable and high quality services 24 hours a day all year round. We are, however, unable to guarantee that our services will be uninterrupted or fault free.

7.2 In the event of an interruption in the services that is caused by a fault in our servers, we will take all reasonable measures to restore the services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.

7.3 We are not responsible in any way for the content or quality of the material that you obtain from the internet as a result of your use of the services.

8. Domain names

8.1 You will retain ownership of any domain name which you use in connection with the services and which is registered in your name with any domain name registry. Where we agree to register a domain name with any domain name registry on your behalf, we do so as your agent. You are responsible for complying with any terms and conditions imposed by the relevant domain name registry, including payment of registration charges (unless we have entered into an alterative arrangement with you).

9. Applicable to DTS Tolls customers

9.1 If you subscribe to the DTS Tolls service, you agree to abide by the following Tolls terms and conditions in addition to the DTS terms and conditions (relating to services you have ordered from DTS and services DTS has agreed to provide to you and not relating to services you have agreed to take from another carrier):

9.11 The responsibility for all calls made intentionally or unintentionally directed into the DTS network from your systems is yours, including but not limited to phone, fax, PABX or computer software/hardware.

9.12 The responsibility for deleting or removing any pre-programmed calling procedures before the commencement of our service to you, is yours. If these terms are breached you will be liable for charges in DTS dealing with such calls. We accept no liability for any discount or benefit you would have received had you complied with the DTS Tolls terms and conditions.

9.13 You will be billed for all calls made on the telephone line subscribed to the DTS Tolls service that are dialled using an area code (including local calls dialled with an area code).

10. Privacy

10.1 You agree that DTS can collect information about you and the ways in which you are using the services. DTS will obtain this information directly from you, from our customer records and from the records generated within our equipment when you use our services.

10.2 You agree that DTS may hold this information about you and may pass it on to our employees, contractors, agents and business partners for a range of lawful purposes connected with our business operations, which include:

• providing you with services
• administering your account
• looking at ways in which we can improve the services
• keeping you informed as to the products and services (both existing and new) that are available to you from DTS.

10.3 If you wish to limit the ways in which DTS uses information about you, it is your responsibility to let us know. You acknowledge that placing limits on how we use information about you could restrict our ability to provide you with a full range of services, including new products and services and enhancements to existing services.

10.4 You agree that DTS may monitor and/or record calls made between you and DTS for the purpose of maintaining and improving the quality of the services.

10.5 You may ask to see information that DTS holds about you (where that information is being held in such a way that it can be readily retrieved) and for DTS to take reasonable steps to correct any errors.

10.6 DTS will not use information held about you without first taking reasonable steps to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, complete and accurate.

10.7 Pursuant to Privacy Principle 11, we may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think that it is necessary to help maintain the law.

11. Charges and payment

11.1 The charges for the services will be calculated in accordance with the pricing plan that you have selected.

11.2 If you do not fully use your set allowance of traffic specified in your pricing plan within the relevant billing period, you cannot accumulate that unused traffic; nor can you claim a refund from us.

11.3 Fixed charges will be payable in advance. Any additional usage based charges will be payable in arrears.

11.4 We will send your account for any additional usage based charges to your email address (or to such other address as may be agreed by us).

11.5 You will pay the fixed charges on or before the 7th day of the billing period to which those charges relate (unless we agree otherwise). You will pay any additional usage charges on or before the 7th day after the date of the account (unless we agree otherwise).

11.6 If you believe that a mistake has been made on your account, you must notify us before the due date for payment.

11.7 We reserve the right to back-bill you for any services provided. You are responsible for paying charges for services, even if the charges were omitted from your prior account(s) in error.

11.8 You will be liable for any fees or expenses which we reasonably incur in collecting overdue amounts from you, including collection agent fees, legal expenses and all bank charges in relation to dishonoured cheques.

11.9 We may change our charges from time to time. We will provide you with at least 10 days notice of any changes by writing to you at your DTS email address (or to such other address as may be agreed by us).

12. Our indemnity

12.1 Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, cost, damage or expense resulting from any claim made against us by any third party as a direct result of your use of the services, including material that is generated or disseminated by you through using the services.

13. Our liability

13.1 To the extent allowable by law, we will not be liable for any special, indirect or consequential loss or loss of profits, including any loss incurred by you as result of lost or corrupted data.

13.2 Our maximum liability to you in respect of the services will be $500 for any event or series of related events, and $1,000 for all events in any 12-month period.

13.3 This exclusion does not affect any of your legal rights including those you may have under the Consumer Guarantees Act 1993. You agree that the Consumer Guarantees Act will not apply if you are using or holding yourself out as using the services for the purposes of a business.

13.4 Except as expressly stated, this Agreement does not confer any rights on third parties. To the extent allowable at law we will not, under this agreement, be liable in any way to any third parties.

14. Ending the Services

14.1 Your right to terminate
You may terminate your Agreement with us, notwithstanding 14.2, by giving 30 days notice by post, by fax or by emailing us at accounts@dts.net.nz. The effective date of termination will be the last day of the next billing period.

14.2 Acquisition of circuit
If DTS has acquired a circuit on your behalf, your right to terminate could require a longer notice period dependent upon the term of the circuit supplied.

14.3 Our right to terminate
We may terminate this Agreement at any time if you do not pay our charges or meet your responsibilities under this Agreement, or if you are abusive to our staff. We may end this Agreement for any other reason by giving at least 14 days notice in writing to you at your DTS email address (or to such other address as may be agreed by us).

14.4 Consequences of termination
On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.

15. General

15.1 Amendments
We may vary this Agreement at any time. We will do this by giving you written notice of such changes, sent to your DTS email address (or to such other address as may be agreed by us) at least 5 working days before the changes take effect.

15.2 Transfer of rights
We may transfer our rights and obligations under this Agreement. If we do this we will give you notice. You may not transfer any of your rights or obligations under this Agreement.

15.3 Whole agreement
This Agreement contains the whole agreement between us for the provision of the services, and any previous agreement is revoked by this Agreement.

15.4 Severance
If for any reason any term of this Agreement cannot be enforced or relied upon, all other terms of this Agreement shall remain valid and binding.

16. Our equipment

16.1 If you have asked us to provide services that require location of our equipment at your premises, you agree to give our representatives safe access to your premises so that we can install, inspect, maintain, replace or remove our equipment. If you are in rented premises you will obtain the written permission of the owner that we are authorised to access, and locate our equipment at your premises for these purposes.

16.2 We will always ensure our equipment is safe, free from defects and fit for the purpose for which it is provided.

16.3 You agree:

• to provide a safe and secure operating environment for our equipment
• to take reasonable precautions to protect our equipment from radio or electrical interference and power fluctuations
• not to damage or interfere with our equipment
• to pay our charges for repairing or replacing any of our equipment that is lost or damaged while located on your premises and, if we ask you, to obtain and maintain insurance (to a value agreed by us) with a reputable insurance company against any loss or damage to our equipment while under your control. You will ensure that our interest is noted on the policy.

16.4 If our equipment is no longer required, or if you damage or interfere with our equipment, then we may remove it from your premises.

17. Your equipment

17.1 You will ensure that all of your equipment connected to the DTS network and/or to our equipment is telepermitted and is installed in accordance with our specifications.

17.2 You agree to follow our reasonable instructions about modifications that you may need to make to your equipment so that you can use the services.

17.3 Notwithstanding anything else in this Agreement, if your equipment causes a fault in the operation of a service you will, if we ask you to, pay us the reasonable costs of restoring that service.

18. Numbers, addresses and other codes

18.1 We may allocate phone numbers, electronic addresses and other codes to you. You will not have any ownership rights over those numbers, addresses and/or codes, and you may not transfer them to anyone else.

18.2 If required by law, or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, we will always give you as much notice as is reasonably possible regarding any such change.

19. Definitions

Agreement

has the meaning set out in clause 1.1.

Billing period

means the number of days to which your set allowance of traffic relates (in each case, as specified in your pricing plan).

DTS

means DTS Limited.

Pricing plan

means the service(s) you have selected and the applicable charges (as varied from time to time) and forms part of this Agreement.

Services

means any services offered by DTS, including Internet access and/or web-hosting, email services, and that are selected by you from time to time.

DTS network

means the telecommunications network used by DTS to provide communications services (including any network to which DTS interconnects).

Us , we and our

means DTS Limited.

You

means the person(s) named on the completed online application form or on the DTS written application form (as the case may be) as the account holder and (if applicable) the co-account holder, both jointly and severally.

20. Support Charges

20.1 If at any stage you request Support jobs to be completed, you will be charged as per our rates below. Support jobs consist of, but are not limited to; Any changes to A Records, MX Records, PTR Records, Reverse DNS, Domain Name Registration, Domain name Renewals, Port Forwarding, Mailbox Changes, SMTP changes/requirements, IP Address changes and Multiple IP requirements.

20.2

DNS Requests:
These cover, but are not limited to A Records, MX Records, PTR Records, Reverse DNS, Domain Name Registration & Port Forwarding and cost $10.00 (excl. GST) per request.

Domain Name Renewals:
This covers the annual renewal of any Domain Name you have with DTS Limited.
The cost for .org.nz, .co.nz and .net.nz Domain Names is $40.00 (excl. GST) per Domain Name.
Prices vary for .com, .net and any other types not listed here, please contact us for a quote.

Mailbox Requests:
These cover, but are not limited to Mailbox Changes and SMTP changes/requirements and cost $10.00 (excl. GST) per request.

IP Requests:
This covers IP Address changes and Multiple IP requirements.
Prices vary for these; please contact us for a quote.

20.3

Support jobs or fault calls that DTS receives, which after investigation are found to be the result of an external (to DTS Limited) issue; may be charged to the Customer at our hourly rate of $119.00 (excl. GST). This charge will only be issued where a single customer continually raises instances as outlined in clause 20.3, or a single issue as outlined in clause 20.3 takes an unreasonable amount of DTS’s time to resolve.

20.4 - Scheduled Weekly Maintenance

All customers please be aware that there is a nominal outage period every week that will be reserved for DTS network maintenance. During this time you may find that your services are inoperative for anywhere up to four hours. DTS reserves the right to make unavailable any and/or all network components during this time without any further warning where maintenance is necessary. The nominated timeframe will be static and exact. No outage will continue past the closing period of this time frame and any instance of this will be treated as a critical priority job. The details of this time frame are as follows:

The weekly maintenance period will currently and until further notice be held starting SUNDAY NIGHT 2200 HOURS (10PM) until MONDAY MORNING 0200 HOURS (2AM).