Standard Terms and Conditions
Version 1.2 - Revised April 9th 2018
These Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service constitutes the Customer's agreement to be bound by these Terms and Conditions and no others. These Terms and Conditions must be read in conjunction with the Customer Quote and Acceptable Use Policy which may be subject to change from time to time. Any additional terms specified in the Customer Quote override any conflicting term within this document.
Definitions
a. 'Kapow Internet' refers to and is a trading name of Skyline Networks NZ Ltd
b. 'Customer' refers to the company or individual who has accepted a Customer Quote which together with these terms & conditions form the contract
c. 'Services' refers to the services detailed in the accepted Customer Quote
d. 'Contracted Period' is the length of time the Customer is committed to using and paying for the Services.
Contract Terms
The Services provided by Kapow Internet to the Customer is for a Contracted Period of twenty four months (unless otherwise agreed) and is then subject to one month's notice in writing of termination. Termination notices should be emailed to accounts@kapow.net.nz and the applicable date of notice shall be the date of the next working day it is received by Kapow Internet. Should the Customer need to cancel the service before the end of the initial Contracted Period then an early termination fee of $349+gst will apply.
General
The contract is between Kapow Internet and the Customer. The contract is non-transferable by the Customer. Kapow Internet reserves the right to change the Terms and Conditions of Service and will give one month's notice in writing of any such changes. The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. No action, regardless of form or nature, arising out of these Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.
Provision of the Service
a. Kapow Internet will provide the Services to the Customer in accordance with the conditions of this agreement and with reasonable skill and care. Where it is technically impracticable to provide the Services free of faults (such as where it is impossible to achieve sufficient signal quality) Kapow Internet will not undertake to do so.
b. The Customer acknowledges that the Services will depend on the characteristics of the wireless signal quality and that it may not be possible to supply the service at the outset or at some point in the future. In this event Kapow Internet will have the right to terminate this agreement without liability to the Customer.
c. From time to time certain nodes, servers, or the whole or part of the Network may need to be closed down for upgrade, routine repair or maintenance work. Kapow Interenet shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during scheduled maintenance periods outside of standard working hours. This work will not affect any SLA that is in place between Kapow Internet and the Customer.
d. Equipment provided by Kapow Internet remains the property of Kapow Internet and possession must be surrendered on termination of this agreement.
e. Kapow Voice services (and calls to emergency services) are reliant on the Kapow Internet connection so would be affected if there is a power failure unless the Customer has battery backup. Services that require a traditional analogue phone line to work, such as some alarm systems and the interactive features of SKY digital may be incompatible with the Kapow Voice service.
Suspension of Account
Kapow Internet reserves the right to suspend a Customer's Services if the Customer breaches either our terms and conditions or our acceptable use policy. In such instances, Kapow Internet will provide the Customer with formal notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Kapow Internet.
Payment Terms
Customers will pay by monthly automated bank transfer unless agreed otherwise beforehand. This will begin after the end of the first complete calendar month to cover the first complete calendar months service. Installation fee will be invoiced separately and will include any monies owed up to the end of the calendar month in which the service was installed. Kapow Internet reserves the right to modify its charges for its Services, but will provide the Customer with at least one month's notice of its intention to do so should the modification result in an increase in those charges.
Should any payment be missed, the Customer will make alternative arrangements to pay the amounts due within five working days of being notified by Kapow Internet or risk suspension of the service for non-payment. Kapow Internet reserves the right to charge a late payment fee of $10 including GST to cover the administrative costs involved in chasing overdue accounts.
Warranties
Kapow Internet will not be held liable for incidental, special or consequential damages. Kapow Internet makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Services. Regardless of the nature of any claim, the limit of Kapow Internet’s liability to the Customer shall not exceed the aggregate of twelve monthly payments for the Services.
The Customer indemnifies Kapow Internet against any and all claims and damages made against Kapow Internet as a direct or indirect result of the Customer's use of the Services.
Customer Obligations for the Services
a. The Customer is responsible for their personal computer/wireless devices and data security and shall take all reasonable steps to minimise unauthorised entry to the Customer's computer and devices via the Services. The Customer is further responsible for the content of any transmission from their computer and/or devices over the Services and the connection of non Kapow Internet owned equipment to the network access point.
b. The Customer, or a previously notified nominated representative, must be present on the day of installation of the equipment necessary to provide the Services. The Customer must further provide reasonable ongoing access to Kapow Internet or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.
c. The Customer must provide adequate care of the equipment installed by Kapow Internet, and is liable for loss or damage of said equipment caused by the Customer's direct or indirect actions.
d. The Customer must ensure that they comply with the latest edition of the Acceptable Use Policy in force at any given time, and not to use, or permit others to use, the Services for unlawful or immoral purposes or for any purpose for which the Services where not designed.
e. The Customer must ensure there are sufficient funds in their bank account for the monthly payments.
Kapow Internet Obligations for the Services
a. Upon acceptance of the Customer Quote, Kapow Internet will contact the Customer to verify all initial Customer obligations have been met.
b. Kapow Internet will arrange for installation of the appropriate antenna(s), equipment and associated cabling.
c. On installation day Kapow Internet will provide the Customer with all the technical support needed to ensure the installation goes smoothly.
d. Kapow Internet will provide email and/or telephone technical support on the Services throughout the contract period in line with the relevant SLA.