1.1 These terms and conditions set out the basis on which Waterman Solutions Limited T/A Watermans (“we”, “our” or “us”) provides telephone, broadband, security and other services (the “services”) together with related goods including all such goods described in invoices issued by us to you (“goods”) to our customers (“you” or “your”). These terms of service constitute the agreement between Waterman Solutions Limited T/A Watermans (we or us) and the end user (you, your or customer) of Waterman’s services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.
2.1 General: We will use best efforts to provide the Services in accordance with this Agreement and New Zealand law. We will make the Services available via the Website.
2.2 Subject to the rest of this clause, We will use reasonable efforts to ensure the Services are available on a 24/7 basis.
2.3 However, it is possible that on occasion the Services may be unavailable. The Services interoperate with and depend on a range of third party providers. There might be telecommunication, ISP or power provider problems, maintenance or development activity, or a Force Majeure service.
2.2 You accept that our VoIP service is a non-compliant voice service under the Emergency Calling Code. Watermans will still use all means possible to process your emergency call. Non-compliance simply means that this cannot be guaranteed.
2.5 You accept that the Watermans VoIP service might not be compatible with non-voice communications equipment such as home alarms, Sky decoders and St John Alarms. In most cases, Waterman's can provide an alternative communication solution for these items, but will be assessed on a case by case basis.
2.6 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 the services.
2.7 You are responsible for your own network security. You agree that Waterman's is not liable to you in any way due to the unauthorized access of your network, hacking or denial of service attacks. Should you experience unauthorized access to your voice over IP telephone service or any other network services due to insufficient internet security or for any other reason, then the costs incurred due to the unauthorized access will be at your expense.
2.8 When porting your lines to Waterman’s it is your responsibility to check with your existing carrier if you are under contract with them and find out if any penalties will be incurred if you moved your lines to another carrier. Many carriers require that you give them 30 days’ notice of intention. While Waterman's will assist in the the Port, it is your responsibility to provide them with the notice they require.
2.9 We can suspend or restrict the services at any time if:
we consider it necessary to protect or maintain the services; or
we believe that you have breached any of our terms and conditions.
3.1 You must pay each invoice on the 20th of the month following the date of invoice for goods and general service. 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 2% per month and charge you a late penalty fee of 10% on any overdue accounts; and
suspend or restrict your service
3.2 If you wish to raise a dispute regarding an invoice of ours you must do so in email on or before the due date. These can be sent to firstname.lastname@example.org. We will consider any issues raised in good faith.
3.3 If you breach any term of this agreement, and we incur costs as a result, then you must pay those costs if we require you to do so.
4. Broadband Services – Fibre, WiFI, Adsl, Vdsl and 4G
4.1 Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order.
4.2 Any installation fees quoted either verbally or in writing are subject to the installation meeting the criteria for a standard installation.
4.3 Should you move premises then a disconnection fee and re connection fee may be payable.
4.4 Watermans and its upstream providers or partners have the right at any time during the currency of their agreement, to enter your premises to maintain, replace or remove equipment used for the provision of the service.
4.5 Watermans and its upstream providers or partners may at any time and at their absolute discretion exchange any equipment at the customer’s premises that is used for the service, for new equipment.
5. Term and termination
5.1 Either you or we can terminate the service on giving the other 30 days’ notice in writing. Notice must be electronically sent to email@example.com.
5.2 If you have entered into a fixed term agreement and you wish to terminate the service before the expiry date on the agreement, then you will be liable for an early termination fee. The early termination is calculated by multiplying the monthly fee by the number of calendar months remaining until the expiry date on the agreement.
5.3 We can terminate this agreement immediately if you breach any term of this agreement or if we reasonably believe that you have supplied misleading or incorrect information to us.
5.4 If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination and any early termination fee. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.
6.1 To the extent permitted by law, all representations, warranties, descriptions and conditions, whether implied by law or based on any oral or written representations not expressed in these terms and any additional terms, are expressly excluded.
6.2 Except as expressly provided elsewhere in this agreement, to the extent permitted by law, we exclude all of our liability as well as our upstream service provider’s (Whom we may use to provide such services.) liability to you in connection with us providing goods or services to you or failing to provide goods or services to you. Without limiting this, we and our upstream service providers are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
if any communication you make is intercepted; or
if any communication you make is not properly transmitted or received; or
if any of the services are not available at any time or are faulty; or
for any delay in commencing the provision of services; or
if any software we supply does not operate properly; or
for any error in any directory listing which we arrange; or
if your computer becomes affected by any virus or worm.
For any loss of profits, loss of business or any other consequential losses.
6.3 We are not liable to you for any fault in, or non-provision of, goods or services which is caused by an event beyond our reasonable control.
6.4 If you use another service provider 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.
6.5 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. For the purposes of the Contracts (Privity) Act 1982,this clause is intended to confer a benefit which those third parties can enforce.
6.6 If you are a consumer (as defined in the CGA) and:
are acquiring or holding yourself out as acquiring the goods and/or services for a business purpose, the CGA will not apply; and
we do not guarantee that repair facilities and spare parts for the goods will be available.
6.7 Subject to clause 9.5, nothing in these terms or the additional terms will affect or limit any rights you have under the CGA.
7.1 If you wish to notify us of anything you can do so by emailing firstname.lastname@example.org or contacting us via www.watermansav.co.nz.
8. Support Services
8.1 You may request support during the support hours by either:
Calling the Watermans help desk on 09 459 1015.
Emailing the help desk at email@example.com.
8.2 Support hours are defined as:
between 8:30 A.M. to 5:00 P.M. New Zealand time on all business days (“business hours”);