Important Legal Agreements
Last updated: 1 October 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the icecold.nz website (the "Service") operated by Icecold Internet Services Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1.1 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
1.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
1.3 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
1.4 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
1.5 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
2.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
2.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
2.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.1 The Customer will be billed first. This means you must pay for all services in advance.
3.2 We accept payment by Visa, MasterCard, Direct Credit and Automatic Payment.
3.3 Failing to make a payment by the due date, may incur a 10% penalty on your account and a minimum charge of $8 for accounting fee.
3.4 If you fail to make payment within 2 months, we will suspend services on your account and pass your information over to a debt collection agency and you will be liable for all costs incurred.
3.5 Business Services - Prices are exclusive of New Zealand's Goods and Services Tax (GST)
3.6 Residential Services - Prices are inclusive of New Zealand's Goods and Services Tax (GST)
4. Voice Services
4.1 Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
4.2 If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account
4.3 Porting - By requesting that a number be ported to your Account, you confirm that you have the authorisation of the number.
5. Broadband Services (ADSL, VDSL, UFB)
5.1 This clause applies if we Icecold Internet Services Ltd provide Broadband services to you.
5.2 Connection and installation Fees - In some cases Chorus charges will apply to work conducted by Chorus Ltd or its subsidiary companies or contractors.
5.3 Cancellation of Installation - If you decide to cancel your order, through no fault of ours or the installer, after you have accepted your order and have been provided an installation date for a non-standard installation, we may charge you a cancellation fee. This will not apply where you do not agree to any additional work or costs.
5.4 Moving Address - If you move address with the same or better service is available, then no additional move charges apply. Installation charges may apply if there is no existing services at the new address.
5.5 IP Address - We prodive a free static IP address with your connection, there may be times when network upgrades require your IP address to change. Should this occur we will notify you advance.
5.6 Icecold Internet Services Ltd will not be held liable for any early termination fees charged by your previous provider.
5.7 You must not knowingly transmit any data (such as Trojan horses, worms, viruses or bots) or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or any system on the Internet.
6.1 We require 30 days written notice for the termination of any Service.
7. Limitation of Liability
7.1 In no event shall Icecold Internet Services Ltd nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8.1 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
8.2 Icecold Internet Services Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
9. Governing Law
9.1 These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
9.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
10. Spam & Commercial Advertising
10.1 Unsolicited Electronic Message Act 2007 (NZ). Under this act, Icecold Internet Services Ltd has the rights to remove any content placed on our system which is classified as SPAM.
11. Links To Other Web Sites
11.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Icecold Internet Services Ltd.
11.2 Icecold Internet Services Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Icecold Internet Services Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
11.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. Changes to these Terms
12.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.