December 30, 2021

Terms and Conditions

Terms and Conditions

ABOUT THIS DOCUMENT

Your use of the Ionica services is subject to these Terms and Conditions (T&Cs).  These T&Cs are applicable to all services provided by Ionica.

By using the our Service(s) you confirm your acceptance to the T&Cs laid out within this document and implicitly form an Agreement between yourself and ourselves.  The T&Cs may be updated and published on our website from time to time.  Continued use of our Service(s) after the publication of new T&Cs signifies your agreement that the new T&Cs will immediately apply to our Agreement.

In the event of conflict between these T&Cs and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by Ionica in writing.

DEFINITIONS

  • "Activation Date" means the date at which the Service installation was completed and the customer is permitted to use the Service.
  • "Agreement" means the contract for the supply of the Service comprising these Terms and Conditions.
  • "Charges" means the invoice value attributable to the Service provided under the Agreement.
  • "Customer", "you", "your", "yourself" means you or your company who has entered in to an Agreement with Ionica for the provision of a Service.
  • "Customer Equipment" means any equipment provided by the Customer, or provided by Ionica and sold to the Customer, that is used to access the Service.
  • "Initial Term" means the period starting on the Activation Date and continuing for 12 months, unless otherwise stated in writing.
  • "Ionica", "we", "our", "us" means Ionica Limited.
  • "Master Socket” means the first socket or entry point to the Service Property provided by Ionica or a Service Provider.
  • "Reseller", means any person who purchases Services for re-sale to others and has been given written permission from us to do so.
  • "Service(s)" means Ionica’s voice, video, data, content, professional services and media services including telephony, broadband, website, and, any other consumer services and any equipment we provide directly or via a Service Provider.
  • "Service Area" means the geographic area where Ionica or a Service Provider has the technical resources to deliver the Service and it is commercially viable to do so.
  • "Service Equipment" means any equipment supplied by Ionica or a Service Provider for the provision of the service where title remains with Ionica or a Service Provider.
  • "Service Order" means your request to Ionica for the purchase of a Service.
  • "Service Property" means the property (whether or not owned by the Customer) to which the Service is delivered.
  • "Service Provider" means any third party service provider Ionica uses, to provide the Services under the Agreement.
  • "Term" means the Agreement duration for the Service as specified in the Agreement.
  • "Website" means the website www.ionica.co.nz
  • "In Writing" means written communication by email or post. Where specified in this agreement Customers may communicate in writing to the following:-
    • by email to ; or
    • by post to Ionica Ltd, PO BOX 301961, Albany, Auckland, 0752.

1. IONICA'S OBLIGATIONS

1.1) Provided that you have supplied all the necessary information, we will provide you with your chosen Service and any Service Equipment as may be necessary.  We will use reasonable care and skill to deliver the Service and use all reasonable endevours to complete our obligations under these Terms and Conditions.

1.2) We will provide the Service and any Service Equipment to the address you supply within New Zealand provided that the address is within our Service Area.

1.3) Ionica do not guarantee that the Service will be free of faults but Ionica will make best endeavours to correct any faults which are reported to us within a reasonable period of time and in line with published service levels. Service levels for the Service provided will be published on Ionica’s website (www.ionica.co.nz/legal/).

2. CUSTOMER OBLIGATIONS

2.1) You agree to perform all actions necessary to facilitate the installation of the Service.  This includes, but is not limited to:- making modifications to your equipment; obtaining rights of access to the Service Property; obtaining permission to cross someone else’s land if required; obtaining permission to attach our equipment to the Service Property or someone else’s property (outside or inside) as necessary; obtaining permission to make minor and reasonable modifications to the property (such as drilling, nailing, etc), and any other reasonable actions requested by us.

2.2) You must ensure that any equipment you use or provide conforms to the relevant standards and approvals.

2.3) You must keep secret any username, password, identification number, or any unique information supplied to you by us for gaining access to the Service or any of our systems.

2.4) You must make payment for the Service and any related usage or installation fees on or before the due date.

2.5) You must use the Service in accordance with these Terms and Conditions and to perform any duties required by these Terms and Conditions.  Specific attention should be paid to the acceptable use clauses.

2.6) You may not assign or transfer your rights and obligations under these Terms and Conditions, or any part of it, without the prior written consent of Ionica.

3. OTHER USERS ACCESS

3.1) Any user, whether authorised or not, making use of the Service will be considered as doing so with your consent.

3.2) You will be wholly responsible for all use of the Service whether the use originated from yourself or another.

3.3) Any use of the Service will be considered to have originated from yourself as you are considered the Customer in the context of the Agreement.  You are wholly responsible and accountable for all use of the Service whether performed by yourself or not.

4. SERVICE EQUIPMENT

4.1) We may provide some Service Equipment necessary to deliver the Service.  All Service Equipment remains the property of Ionica and you must return this equipment to us in good working order upon termination of the Service for whatever reason.

4.2) If required, we will remove any Service Equipment at a cost of $199 (inc GST) which may be waivered if the Service is terminated without breach of these Terms and Conditions.

4.3) If the equipment is not returned or is damaged upon return, you may be charged for the replacement cost of the equipment at the prevailing retail price at the time.

4.4) You are expected to take good care of the Service Equipment and insure against fire, theft, and damage.  If the equipment is lost or damaged, you may be charged for the replacement costs.

4.5) You agree not to interfere with the Service Equipment and any such interference may interrupt the service.  Any such interruption is excluded from any SLA and you may be charged a fee to correct.

4.6) Loss, theft, or damage of the Service Equipment does not constitute a reason for termination or suspension of this agreement nor does it relinquish the customers responsibility for payment of service during the period of loss or thereafter.

4.7) For the avoidance of doubt the router, switch, wifi access point, microwave radio, microwave radio mount, external cabling, and surge protector are non-exhaustive examples of Service Equipment unless explicitly purchased by the Customer. The payment of an installation fee is unrelated to the supply of Service Equipment and does not constitute purchase of Service Equipment or the transfer of title of the same.

5. ACCEPTABLE USE

5.1) You agree to ensure that the Service is not used for any illegal, improper or immoral purpose.

5.2) The following is a non-exhaustive list of activities that are prohibited:

  • 5.2.1) Any activity which is illegal in New Zealand, the country in which you are located, and/or the country hosting the system to which you are communicating.
  • 5.2.2) Any activity which could expose us to potential litigation.
  • 5.2.3) Publication of material that is obscene, defamatory, blatantly harmful to others, infringes the rights of others, is misleading, is deceptive, and/or otherwise breaches the Fair Trading Act 1986.
  • 5.2.4) Attempt to circumvent the security measures of another system or user authentication, and/or attempt to gain access to systems or information that is not intended for your use.
  • 5.2.5) Any activity related to security probing, vulnerability assessment, vulnerability exploitation, password cracking, violating the security policy of another system owner, and/or any activity classified as "Hacking" or "Cracking" in the context of information security.
  • 5.2.6) Any attempt to interfere with or deny service of any user, network, host or service including denial of service, mail bombing, flooding, and/or any activity which has a detrimental effect on performance of a system.
  • 5.2.7) Any activity related to spam or unsolicited bulk email transmission.
  • 5.2.8) Any activity related to distribution of malware, adware, viruses, trojans, worms, or any other form of malicious software.

5.3) You are not permitted to re-sell, rent, share, offer for free, or otherwise allow a third to use the Service without our written permission.

5.4) You are not permitted to use the Service for transit or backhaul of traffic to and/or from another network whether or not encapsulated using tunnelling technology. For example, backhaul for an ISP.

5.5) Home / residential packages are for use at a single residential dwelling and may not be used for hosting commercial services such as web servers, mail servers, DNS servers, etc.

6. FAIR USAGE

6.1) In the case where Ionica offers a "Totally Unlimited" service, the Customer is permitted to transmit any amount of data without additional charge.

6.2) In the case where Ionica offers a service limited by usage, the Service will be limited in speed to 256kbps upon breach of the usage allowance.  Upon agreement between the Customer and Ionica, the limit will be removed in exchange for payment per 1GB of additional usage in excess of the limit.

6.3) Calculation of data usage is performed as follows:

  • 6.3.1) The usage amount is the addition of upload and download traffic.
  • 6.3.2) Usage calculation is reset to zero and any speed limitation will be removed at the commencement of a new monthly billing cycle.  At this point, the previous months usage will be accounted and any additional usage charges will be applied.
  • 6.3.3) On a daily basis usage will be evaluated and warning emails sent once the usage level exceeds 80% of the limit, and another once the usage level exceeds 95% of the limit.  The speed limit will be applied once the usage level exceeds 105% of the limit.

6.4) To minimise congestion within the network, Ionica reserves the right to prioritise certain traffic types at its sole discretion

7. TERM AND TERMINATION

7.1) Once you have placed an order, you can cancel before the Service is installed based upon the following penalties:

  • 7.1.1) If more than 72 hours prior to scheduled installation, no penalty.
  • 7.1.2) If between 72 and 0 hours prior to scheduled installation, forfeit of installation fee or $199 (inc GST), whichever is the greater.

7.2) Once the Service is installed you may cancel at any point by giving 30 days written notice.

7.3) If you cancel the Service before the end of the Initial Term, you will be charged an early termination fee equal to the remainder of the fees for the Initial Term.

7.4) Either party may terminate this Agreement at any time if:

  • 7.4.1) The initial term has expired and 30 days written notice has been given.
  • 7.4.2) The other party has committed a material breach which is incapable of remedy.
  • 7.4.3) The other party has committed a material breach which is capable of remedy but which it fails to remedy within 15 calendar days.
  • 7.4.4) A liquidator (or any other professional relevant to bankruptcy) is appointed to manage all or some of the Party’s assets.
  • 7.4.5) The Service is interrupted for a period exceeding 1 month due to any event occurring outside the reasonable control of the parties.

7.5) We may suspend Service or terminate this Agreement at any time if:

  • 7.5.1) We reasonably believe you will breach these Terms and Conditions
  • 7.5.2) We are required to in order to avoid a breach of the Service
  • 7.5.3) You are in breach of these Terms and Conditions
  • 7.5.4) You are in breach of the Terms and Conditions relating to another Service you take from us.

7.6) Termination of the Agreement shall not relieve the Customer of its obligation to pay any charges incurred or any other obligations under the Agreement designed to survive termination.

7.7) Upon suspension of the Service, Ionica may at its sole discretion choose to:

  • 7.7.1) Suspend the charges for the Service and therefore extend any remaining initial term by the period of suspension; or
  • 7.7.2) Continue to accrue and collect charges for the Service without compensation to the customer.

7.8) When moving premises, or otherwise changing the location of the Service Property, the following conditions are applicable:

  • 7.8.1) If the new premises are within the Service Area, the Customer may opt to have their service transferred to the new premises for which a relocation fee may be applicable; or
  • 7.8.2) If the new premises are within the Service Area but the specific product being transferred is not available at that location, the Customer may opt to change their plan provided the service is of a comparable technology (e.g. moving from 100mbps wireless to 50mbps wireless is permitted, but not wireless to fibre); or
  • 7.8.3) If the new premises are within the Service Area but the specific product being transferred is not available at that location, Ionica may at its sole discretion and without prejudice agree to transfer the Customer to a service using different technology (e.g. wireless to fibre) for which a fee and other conditions may apply; or
  • 7.8.4) In all other circumstances, including where Ionica is unable to provide service at the new location, the Customer may opt to cancel their service as normally allowed by this agreement including payment of any early termination fee and arranging for removal of the Service Equipment.

8. PAYMENT TERMS

8.1) Ionica may alter the Service fee at any time on or after the expiry of the Initial Term by providing 30 days prior written notice.

8.2) Unless otherwise advertised in the product description, all residential Service fees are inclusive of GST and all business Service fees are exclusive of GST.

8.3) Any variable or usage based charges such as bandwidth usage and post-paid telephone calls will be invoiced in arrears at the end of the monthly billing cycle.  Payment of these charges is due within 10 calendar days.

8.4) Any fixed charges such as broadband rental will be invoiced in advance at the beginning of the monthly billing cycle.  Payment of these charges is due immediately.

8.5) In the case of payment not being received by 23:59:59 on the day after the due date, the Service and all related Services will be suspended until such time that payment has been received.  A $5.00 (inc GST) administration fee per month per Service will be applied to your account whilst it is suspended. Service and usage fees will continue to accrue during the suspension period.

8.6) Invoices and notifications of an account becoming overdue will be delivered via email to the address you have supplied.  You are responsible for ensuring we have the correct email address on record and ensuring that such emails are promptly read.

8.7) Upon reactivation of your Service after suspension, the monthly due date will remain unchanged from its original and no compensation will be provided for the duration of the suspension.

8.8) If unresolved, delinquent accounts will be passed to a debt collection agency.  Any costs associated with debt collection will be at the expense of the Customer and will be added the outstanding account.

8.9) The Customer shall reimburse Ionica for all reasonable costs and expenses incurred as a result of such suspension including any reconnection fee.

8.10) Title to any equipment, data, or items of value (Goods) shall remain with Ionica and shall not pass to you until the full purchase price of the Goods has been received by Ionica.  Until title passes to you, we have the authority to retake, sell and otherwise dispose or reuse any of the Goods in question by entering the property where the Goods are located or reasonably believed to be located for the purposes of removal of the Goods.

8.11) No payment shall be considered made until it is received by Ionica or its collection agency in cleared funds.

8.12) Interest shall accrue on overdue invoices from the Due Date until payment (whether before or after judgment) at the annual rate of four percent above the prevailing base lending rate of Westpac New Zealand. Interest shall accrue even if the Agreement is terminated for whatever reason.

8.13) Any usage charges such as telephone calls or bandwidth usage shall be calculated with reference to data recorded or logged by Ionica and not by reference to any data recorded or logged by the Customer, nor by reference to any information provided by Ionica to the Customer for information purposes only.

8.14) Any outstanding fees owed to Ionica under this agreement, including but not limited to service fees, usage fees, and early termination fees, will be collected via the normal agreed payment method (e.g. credit card) upon termination of this agreement.  If this payment method fails, the Customer must provide an alternative method of payment.

8.15) All charges and fees are non-refundable.

8.16) The financial or economic circumstances of the Customer are insufficient cause for force majeure.

9. SERVICE SPECIFIC TERMS

9.1) Any router supplied with our Service must be connected to the Master Socket in the premises or Ionica cannot accept any responsibility for associated deterioration in Service which may result (e.g. poor or inferior wiring in the customer’s premises).

9.2) The Customer must report all faults on the Service to Ionica within 24 hours of the fault occurring by contacting our Customer Service Help Desk.

9.3) Ionica reserves the right to use such Carrier or Carriers as Ionica consider appropriate to deliver the Service.

9.4) Ionica or any provider or Carrier who may be supplying Services to the Customer may at any time need to audit the Service and supplied equipment to check its operational status and effectiveness and the Customer agrees to co-operate with such audit promptly and fully.

9.5) Any on-site installation service will limit any cabling works to twenty metres.  Ionica will provide additional cabling where required and reserves the discretionary right to charge $2.00 (inc GST) per metre for additional cable.

9.6) The Customer is responsible for, and will indemnify Ionica against, any fees levied for an aborted installation visit for any reason, such as, inability to access property or incorrect information supplied.

WIRELESS SERVICES

9.7) The Ionica wireless service is provided using radio communications.  If the service can no longer be provided due to circumstances beyond our control such as excessive interference, line-of-sight blockage, change in regulatory rules, etc, Ionica may seek an alternative arrangement whilst enacting the conditions of Force Majeure.

9.8) The Customer agrees not to cause radio interference affecting the performance of the Service.

9.9) Services that specify a minimum access speed will be measured to provide the stated speed using professional testing equipment and methods provided by Ionica.  Should the service speed fall below the minimum stated access speed we may at our discretion opt to terminate the Service by either:

  • 9.9.1) Offering the Customer an alternative Service at the appropriate new rate; or
  • 9.9.2) Providing 30 days notice; or
  • 9.9.3) Providing no notice if the extent of Service degradation is affecting other customers
FIXED LINE SERVICES

9.10) Provision of a fixed line from Chorus, Spark or any other provider is conditional upon:

  • 9.10.1) Chorus, Spark, or such other provider as may be relevant, carrying out a full site survey which it or they consider to be satisfactory.
  • 9.10.2) Any survey or enquiry which Ionica carries out being, in our opinion, satisfactory.
  • 9.10.3) Ionica reserve the right to delay implementation of this Agreement until such satisfactory survey or enquiry is completed and notified to Ionica without being liable to the Customer for any loss incurred by the Customer.
  • 9.10.4) In the event of any such survey or enquiry not being satisfactory Ionica reserves the right to terminate this Agreement at any time without being liable to the Customer for any loss incurred by the Customer.
  • 9.10.5) The Customer agrees to indemnify Ionica for any loss incurred as a result of such survey enquiry or termination.

9.11) Where the Service includes a telephone line from Chorus, Spark, or any other Carrier, the following clauses apply:

  • 9.11.1) In the event that the Line is already rented by the Customer on a contract with another provider, which conflicts with this Agreement (e.g. the contract still has part of a fixed term left to run), Ionica reserve the right to terminate this Agreement at Ionica’s option and the Customer agrees to indemnify Ionica for any resulting costs.
  • 9.11.2) Ionica cannot guarantee a particular quality of service on the Line.
  • 9.11.3) This Agreement is subject to Chorus, Spark, or other Carrier's terms and conditions of business which may vary from time to time and the variation of terms and conditions of any other provider used to deliver the Service.
  • 9.11.4) In the event that Chorus, Spark or such provider terminates the Line Rental, Ionica reserve the right to terminate this Agreement at any time without being liable to the Customer for any loss incurred by the Customer or any third party or being liable for any termination penalties.
  • 9.11.5) The Customer may not misuse the Line or exceed its technical parameters or interfere with it. If the Customer does any of these things Ionica reserves the right to terminate this Agreement at any time without being liable for any loss to the Customer. The Customer agrees to indemnify Ionica for any loss incurred as a consequence.
  • 9.11.6) The Customer may not use an alternative Carrier or service on the Line without our written permission. Such permission shall be in our absolute discretion and in the event that the Customer makes such use of the Line Ionica reserve the right to terminate this Agreement at any time without being liable to the Customer for any loss or liability incurred by the Customer as a consequence and you agree to indemnify us against all loss and keep us indemnified.
  • 9.11.7) You accept that if we provide you with a telephone number that you do not own that phone number and will not transfer it to anyone else or try to do so.

9.12) In the event that the Service fails and the Customer has to divert calls to another service, Ionica will not be responsible for any charges related to call diversion or additional call charges.

VOIP SERVICES

9.13) You expressly acknowledge and confirm that you do not rely upon Ionica to provide 111 or any other emergency services.

9.14) Any pre-paid credit not used on your account after 365 days of inactivity shall expire and is non-refundable.

9.15) In the event that the Service fails and the Customer has to divert calls to another service, Ionica will not be responsible for any charges related to call diversion or additional call charges.

9.16) You accept that if we provide you with a telephone number that you do not own that phone number and will not transfer it to anyone else or try to do so.

10. FAULT RESOLUTION AND COMPLAINTS

10.1) The Customer shall notify Ionica of any material fault in the Service and Ionica shall use all reasonable endeavours to remedy the fault as quickly as practicable.

10.2) Service levels for the Service provided will be published on Ionica’s website (www.ionica.co.nz/legal/).

10.3) The Customer may be charged for any repair work and any reasonable costs incurred by Ionica if such repair work results from the Customer’s own act or omission or is requested by the Customer but is found by Ionica to be unnecessary.

10.4) We are not responsible for the resolution of faults which occur:

  • In your computer, operating system, software, or any attached devices
  • In communications equipment not provided by Ionica
  • In communications networks not owned or operated by Ionica
  • In any software or equipment that we do not own or operate
  • In any software or equipment that has been modified from the supplied configuration
  • As a result of your incorrect use of the Service
  • As a result of any event beyond our reasonable control

10.5) Ionica will not be responsible for the performance of any equipment connected to the Service that has not been supplied by Ionica or for the performance of internal cabling within the customer’s premises beyond the Master Socket.

10.6) The Customer will be responsible for, and indemnify Ionica against, any charges by 3rd parties (such as Chorus) where no fault was found, or the property could not be accessed, or the site visit was aborted for any reason.

10.7) Where a Service Level Agreement (SLA) covers the Service, the following terms govern its operation:

  • 10.7.1) The SLA is only applicable when the service is expected to be operating normally and excludes any periods where the service has been suspended, terminated, or is under scheduled maintenance.
  • 10.7.2) The SLA is not applicable where the service has been disrupted or affected through actions of the Customer.
  • 10.7.3) Only incidents that have been logged with Ionica support either via email or via a ticket with sufficient detail to identify the issue are considered for SLA performance calculation.
  • 10.7.4) Only incidents that have been validated and qualified by Ionica support are considered for SLA performance calculation.
  • 10.7.5) Ionica alone in its sole and reasonable discretion will declare an incident valid or invalid for SLA performance calculation.
  • 10.7.6) All SLA metrics exclude the periods waiting for Customer response or action.
  • 10.7.7) The SLA does not apply if any conditions of this Agreement have been breached.
  • 10.7.8) SLA penalties are calculated once per calendar month for incidents that occurred during that month. Incidents that span more than one month are considered during the month in which they are resolved.
  • 10.7.9) The maximum SLA penalty within a given month, for all incidents arising in that month, is 100% of the paid-up service fees relating to the service affected.
  • 10.7.10) Each Customer can only claim an SLA penalty against one service.
  • 10.7.11) Each Customer can only claim an SLA violation once per calendar month.
  • 10.7.12) The SLA does not apply under conditions of Force Majeure.
  • 10.7.13) The SLA does not apply to unpaid accounts, or accounts in arrears.
  • 10.7.14) Claims of SLA violation must be made in writing via email or ticket by the Customer affected, and must be made on or before the last working day of the subsequent month of the violation.
  • 10.7.15) SLA penalties will be made as service credit for the period following successful application.
  • 10.7.16) Rural services are exempt from technical performance SLA penalties.

11. BACKUPS

11.1) Ionica will maintain backups of systems necessary to provide the service for use as part of a disaster recovery plan.

11.2) Any backups are for Ionica internal use and are not intended to provide recovery of customer data following accidental loss by the Customer.

11.3) Whilst we make every effort to protect the data on our systems, we offer no guarantee as to the future availability of such data.  It is therefore recommended that you make independent backups of any data you wish to protect.

11.4) Ionica is not liable for the loss of any data stored on its systems whether as part of a paid service or for free.

12. RESELLERS

12.1) Resellers and their customers are bound by the same Terms and Conditions laid out within.

12.2) By reselling our services you agree that Ionica cannot be held responsible for any promises or terms and conditions that you may have extended to your customer.

12.3) Ionica make no promise of income or earnings from resale of our services.  In the event that the Service is terminated, suspended, or otherwise unfit for purpose, Ionica shall not be liable to a reseller for any loss of income or earnings either directly or consequentially.

12.4) Resellers are obliged to provide these Terms and Conditions to their customers who are subscribing to a Ionica service.

12.5) Resale of Ionica services is only permitted by bona-fide resellers who have been approved in writing by Ionica.

13. MISCELLANEOUS

13.1) You agree to ensure that everybody using the Service abides by these Terms and Conditions.  You further agree that all actions of everybody using the Service are considered as though the action was performed by yourself.

13.2) Notice in writing can be delivered either via email, post, or fax.  Notices from Ionica to the Customer shall be to the address or fax number provided by the Customer and it is the Customer’s responsibility to ensure this information is up to date.  Notices from the Customer to Ionica shall be to the address or fax number published on the Ionica website (www.ionica.co.nz).

13.3) If any provisions of the Agreement terms and conditions are held by a court or any government agency or authority to be invalid or unenforceable, the remainder of the Agreement terms and conditions shall to the extent possible remain valid and enforceable.

13.4) Ionica reserves the right to change these terms and conditions at any time by giving 30 days prior notice.

13.5) Ionica owns all the intellectual property related to our equipment and/or service.

13.6) You may not transfer your rights under these terms and conditions.  We may transfer our rights by giving 30 days notice.

14. DATA PROTECTION

14.1) Ionica may store and process such Customer personal data for the purposes of administering the relationship with the Customer.

14.2) Ionica may also, from time to time, use such personal data to provide the Customer, whether by telephone, facsimile, electronic mail or other means of communication, with details of products and services of Ionica which may be of interest to the Customer.

14.3) Ionica reserves the right to record any telephone conversations between the Customer and the Ionica staff for the purpose of training and administration of the relationship with the Customer.

14.4) By entering into an agreement, the Customer expressly agrees to the use of personal data for the purposes described above.

14.5) We may, from time to time, inspect your use of our Service to ensure compliance with these terms and conditions and our acceptable use policy.  No records of information will be kept other than for statistical purposes, or where evidence of a breach is required.

15. LIABILITY

15.1) As Ionica is not aware how a breakdown or a defect in the service might affect the running of the customer’s affairs, Ionica will not be responsible for any financial loss associated with an interruption to the Service. As you (the Customer) are aware of your own requirements, if you think you require protection against this risk, you should insure against it yourselves and/or make appropriate arrangements for any disruption to your service. The charges for delivery of the Service have been worked out on the basis that Ionica is not responsible for this risk, even if such loss is the fault of Ionica.

15.2) You agree that Ionica will not be liable for any indirect or consequential damages including but not limited to loss of profits or data or for any claim made on you by any other party even though Ionica may have been notified of such damage or claims.

15.3) Neither party to this Agreement shall be responsible for failure to fulfil its commitments in this Agreement if such failure is due to any circumstances outside its control. Such circumstances comprise, but are not confined to, acts of God, war, riots, sabotage and terrorism.

15.4) In the event that the Service fails and the Customer has to use the services of another organisation Ionica will not be responsible for any charges that the other organisation should make.

16. INDEMNITY

16.1) You agree to indemnify us and our employees, servants and agents from and against any lawsuits, demands, liabilities or costs resulting or arising from or connected with your use of our Service or by any person using the Service allocated to you.

17. FORCE MAJEURE

17.1) Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing their obligations if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any necessary licence), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

18. APPLICABLE LAW

18.1) The Agreement shall be governed by New Zealand law and the Parties irrevocably agree to the exclusive jurisdiction of the New Zealand courts.

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