Terms and Conditions

LIMITATION OF LIABILITY

We will not be liable to you, and you will not be liable to us, in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect or consequential loss, damage or expense of any kind arising under or in respect of this agreement.  This includes any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused.

Our liability to you is limited to the cost of making good any physical damage to your equipment resulting directly from our negligence or willful acts or omissions.  We will not be liable to you for loss or damage to or corruption of any software, electronic data, electronic communication or electronically stored data, or the cost of retrieving, restoring or recreating data, communications, records or files.

Our liability to you is further limited as set out below.

  • Our liability to you in any year in contract, tort (including negligence), breach of statutory duty or otherwise (including for any physical damage referred to above) is limited to the fees payable to us by you for that service in that year.
  • Your liability to us is limited to the cost of making good any physical damage to our equipment, Our network or a third part network arising directly from your negligence or wilful act or omission.
  • This clause does not affect your liability to pay the fee in full to us.
  • Our liability to you in any year in contract, tort (including negligence), breach of statutory duty or otherwise (including for any physical damage referred to above) is limited to the fees payable to us by you for that service.
  • We are not liable to any person other than you in connection with this agreement or the services. You will indemnify us against all claims made by any person other than you against us in connection with or arising from this agreement or your or the other person’s use of the services, or services that that person acquires from You that are based on or dependent on the services we provide to you.
  • You acknowledge and agree that you have selected the services in reliance on your own assessment of whether the services meet your business, customer and end-user requirements.

We will not have any liability for any Impairment:

  • Of less than 20 seconds in duration; or
  • Which is outside of our network or a third party network that we use to provide the service; or
  • That does not materially adversely affect the service that you receive; or
  • Under a service release or emergency maintenance; or
  • Resulting from any act or omission by you or anyone You are responsible for, unless that act or omission was on our instructions; or
  • Due to force majeure; or
  • Arising from your failure to comply with this agreement; or
  • Due to us being unable to access your sites and your equipment, except where caused by our failure to comply with your reasonable security and other requirements for access; or
  • We will E-mail customer ahead confirmation mail on change of  any services and if there is any error its customers responsibility to inform company and we will not take any liability for same
  • To the extent to which, in our reasonable opinion, We must delay restoring the service in order to comply with health & safety laws or safe work practices.

 Late Payment fees

  • We charge $16 extra on every bill incase bills are not made within due date
  • We temporarily stop internet access incase if bill is due more then 15 days after due date and they would be $29 reactivation charges for services

Debt Collection

  • They would be Debt collection fees  upto 25% charged by Debt collection agency  incase payment to our services  is denied
  • Court fees or admin charges will also be charged extra on top of Debt collection fees
  • You will be notified  ahead before imposing any Admin charges by Acceleror
  • For any Business  accounts of Acceleror communications Director of that particular company will be held responsible for any overdue balances or debt held by that company and Director will be required to make payment even incase of particular company shutdown as his personal liability applies

Invoices

  • Acceleror communications sends invoice through E-mail or physical address according to your request
  • You can request to change Invoice type by sending  us request to accounts@acceleror.co.nz  with your account number .

TERMINATION OF AGREEMENT

If we breach this agreement, You will give us written notice of the breach to info@acceleror.co.nz . If we do not fix the breach within 15 business days after we receive the notice, you may do one or more of the following things (without limiting any other right or remedy you may have):

  • Suspend payment of the fee for the affected service/s until we fix the breach, or
  • Terminate this agreement.

If either you or we terminate this agreement, this does not affect any obligations and rights that exist at the date this agreement is terminated. If we suspend the service as a result of a breach by you, you must continue to pay the fee until this agreement is terminated.

Following the expiry or termination of this agreement:

  • All fees and other amounts outstanding or incurred prior to the date of expiry or termination will become immediately due and payable;(This includes any Early termination fees that is applicable) and
  • You will give us (or any third party network operator) access to your sites as necessary for us to recover our equipment.
  • You are required to give atleast 60 days notice for termination of any service else you will be still billed for those 60 days notice period as well

TERMINATION OF FIXED TERM CONTRACTS FOR BUSINESS USERS

  • if you are in 24 months fixed term contract with us and  your terminates  contract with us before 24 months period , you still continue to pay left over months in contract as per your signed plan
  • your contract term starts from the date connection has been done and contract applicable for specific connection type signed  Example- if you have signed up for VDSL connection in may but gets VDSL in june then your contract starts from June
  • if  you cancel account with us before 5 years of period then you will be liable to  pay back discounts  applied on  devices such as IP phones, modems and so on  to Acceleror communications this also includes discounts given on labour charges