Standard Terms and Conditions

Farmside Standard Terms and conditions

About this Agreement
Equipment
Payment and billing
Termination of Service
Changes to this Agreement or the Services
Limits of liability
Safety and security
Miscellaneous
Glossary

1. About this Agreement

1.1 These Standard Terms and Conditions apply to the Services we (Baycity Communications Limited trading as Farmside and our related companies) provide to you as a consumer of the Services. Capitalised terms are as set out in the Glossary at clause 9. Our Privacy Policy also forms part of this Agreement.

1.2 Specific terms will also apply to your particular Plans and offers. If inconsistent with the general terms, the specific terms will apply instead.

1.3 Subject to clause 1.4, you have rights under the Consumers Guarantees Act 1993 and the Fair Trading Act 1986. Farmside recommends that you visit www.consumerprotection.govt.nz to find out more about your rights.

1.4 If you are a business you agree that, for the purposes of section 5D of the Fair Trading Act and section 43 of the Consumer Guarantees Act 1993: (a) the Services and Equipment that we provide to you under this Agreement are being provided and acquired in trade; and (b) to the extent permitted by law, in respect of all matters covered by the Agreement, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act do not apply.

1.5 You must be at least 18 years of age to take up our Services.

Contact details

1.6 We can contact you by publishing the information in a public notice, online, or by email or TXT, or using any other contact details you provide to us. Please tell us as soon as possible if any of your contact details or other information you’ve given us changes.

1.7 You can check or change your contact details by: updating them online at www.myfarmside.co.nz; sending an email to contact@fs.tractadigital.co.nz; or calling Customer Services (0800 32 76 74).

1.8 We are not responsible for any notices or emails not received by you due to your contact details being incorrect. Any notices or emails sent to the address last notified by you to us will be deemed to have been received.

1.9 For billing purposes, a primary residential address must be provided. If you are relocating, you must give us at least one month’s notice before you move, otherwise you will remain responsible for paying for the Services that we provide to your old address. You must notify Farmside Customer Services to confirm if the Service is available at the new location. A relocation fee may apply and you may be required to enter a new fixed term agreement from the date the Service is available at the new location.

1.10 If the Service is not available at your new location, you may change to another Farmside service if available at your new location. A Change of Service charge may apply and Customer Services will advise you of the amount. If you choose not to continue with a Farmside Service, you will need to cancel your current Service and if you are still under a fixed term, disconnection fees may apply.

Term of the Agreement

1.11 This Agreement will commence from the date your connection to the Services is created (“Service Commencement Date”).

1.12 If you have signed up for a fixed contract term, you agree to receive the Services for at least the length of that fixed period. After the fixed period, or if you have not signed up for a fixed contract term, we will provide the Services to you on a month by month basis until they are cancelled in accordance with this Agreement. Your contract term will start from the date your Service is made available to you unless specified otherwise in the Plan terms. Services will not carry over unless stated in Plan terms.

How we provide our Services

1.13 Nothing in this Agreement limits any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Subject to those rights:

(a) Our Services depend on various factors beyond our control, and we cannot guarantee that they will always work perfectly.

(b) You may not receive some or all of the Services in certain areas or at certain times.

(c) We may need to temporarily suspend a Service so that we or our suppliers can carry out maintenance and development work on the Network.

(d) We are free to choose how we provide a Service and the technology used to provide it.

1.14 In some circumstances we may be required to take reasonable action in relation to any of our Services to protect our customers and effectively manage our network.

2. Equipment

Installation

2.1 You agree to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers (including your local fibre company) to obtain authorisations, licences or consents that may be required to provide Services to you and to install our Equipment at your premises.

2.2 If we need to install Services at your premises, we will arrange a time with you for the installation. If you are the Farmside account holder but do not own the premises on which the Equipment is installed, or is to be installed, you warrant that you have permission from the property owner for us, or any person authorised by us, to access the property to conduct any or all reasonable activities related to installation/repair/removal of the Equipment.

2.3 If we visit your home at the time agreed and we are not able to gain entry, we may charge you for that visit. If you are not going to be home on the day scheduled for the installation, you may nominate someone (aged 18 or over) to make decisions about the installation on your behalf.

2.4 Your phone number is allocated to you by us or another telecommunications service provider. The number is not owned by you. We will not change any phone number allocated to you except where required by law, by contracts with third parties, or by causes outside our control.

Returns

2.5 You can return an item to us where:

(a) That item fails within the specified warranty period as the result of a manufacturing defect; or

(b) You change your mind regarding a purchase within 7 days of delivery (provided that the item is in “as new” condition with all original packaging intact and undamaged);

2.6 For all returns you must return the item along with all associated components (packaging, cables, power supplies etc) at your cost by tracked courier to us, 8 Butler Street, Timaru, 7910 with a returns number (to be obtained by contacting us on 0800 32 76 74) clearly written beneath the sender’s details. We will assess the item and will decide to either:

(a) repair or replace the item, in which case we will send it to you (and credit the costs of returning the faulty item to us to your Farmside Account); or

(b) credit a refund of the item’s purchase price to your Farmside account and will appear on a subsequent statement; or

(c) decline to repair or replace the item or to refund the cost, in which case we will return the item to you and the costs associated with this will be charged to your Farmside account.

2.7 Should an item you receive from us arrive damaged as the result of transit, please contact us immediately on 0800 32 76 74 and send photos of the damage to customerservices@farmsideltd.co.nz. We will dispatch a replacement of the item and lodge a claim with the courier company who will arrange for the package to be retrieved.

2.8 Should we receive an item from you damaged as the result of transit, we will request that you lodge a claim with the courier company. It is your responsibility to ensure the item is covered for damage while in transit.

Responsibility for Equipment

2.9 A Farmside connection provides Service to one single “Demarcation Point”. Our responsibility for provision of Services to you ends at the Demarcation Point. This demarcation point for Satellite, Wireless, ADSL, VDSL and Fibre Broadband is the network access port of the Equipment provided by Farmside.

2.10 You are responsible for:

(a) any problems or issues that may affect the performance of the Services or the Equipment Beyond the Demarcation Point;

(b) all of your equipment, software and associated cabling or equipment, and all costs associated with fault diagnosis or problem resolution;

(c) any home sockets and wiring in the premises where the Services are provided (and we may charge a fee to cover our costs of attending to faults relating to your wiring, equipment or hardware set up);

(d) ensuring that your computer meets the minimum system requirements as advised on our website from to time to time, and has adequate virus protection and security; and

(e) satisfying yourself as to whether your intended applications will be suitable for use with our Services.

2.11 Where remedial work, action or onsite support is required as a result of any act or omission on your part, or due to issues not originating from the core Farmside Network or on Farmside’s side of the Demarcation Point, we may charge you for the cost of remedying the fault, as well as any non-standard charges, including travel.

2.12 Where Equipment used to provide Services to you is owned by us or third parties, you agree not to tamper or interfere with that Equipment, and to return it to us immediately on request. You understand and agree that only Farmside or our agents may carry out works or repairs on the Equipment.

2.13 We, or our suppliers will remain the owner of any Equipment unless we agree otherwise in writing. You agree that you do not have any rights, title or interest in the Equipment and that we or our suppliers may remove the Equipment at any time. You are responsible for repairing, replacing or reimbursing us for any item of that Equipment that is lost, stolen or damaged while under your control. You agree we can provide you with enhancements or new capabilities for any Equipment used for Services.

3. Payment and Billing

3.1 We (or one of our Farmside Channel Partners, where applicable) will send you a bill on a monthly basis by email.

3.2 All Charges, unless otherwise stated, include GST. Fixed charges, effective from the date of completed connection, are calculated for a full calendar month and are payable in advance. Usage based charges (such as data overage where applicable) are calculated from the 21st of the month to the 20th of the following month and are payable in arrears.

3.3 You must pay each invoice within 15 days of the invoice date (“Due Date”) in full without deduction or set off. All payments shall be made either by credit card, internet banking or by direct debit to our nominated bank account as specified by us from time to time.

3.4 If you do not pay all of the Charges by the Due Date for payment:

(a) We can charge you default interest on all sums owing for the period from the Due Date to and including the date the Charges are paid. The default interest rate will be 2% per annum above the rate charged by our bankers for unsecured overdraft facilities as at the Due Date; and

(b) We can charge you a fee to cover Farmside’s legal and other fees and expenses (including costs on a solicitor own client basis) incurred in respect of the recovery of any overdue Charges.

(c) We may discontinue some or all of your Services without giving notice to you. Discontinuance of the Services will not relieve you of paying sums due and owing to us or network service Charges for the Services to the end of the minimum Service term, and will not restrict any other right or remedy of Farmside. We shall be entitled to charge you a Service reactivation fee if we subsequently agree to restore Services to you.

(d) We may reverse any credits you have received.

3.5 You are responsible for all use of your Services, including use by any third parties, and all Charges however incurred, except:

(a) Charges incurred because of our error or negligence; or

(b) Charges for unauthorised use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).

3.6 You agree that we can check your identity (including checking your passport and NZTA information), and check your credit status with any credit reference agency at any time. We may impose conditions on your Service as a result of those checks including imposing a credit limit. A credit application form must be completed by you prior to any credit being provided to you. If any applicant(s) fail a credit check then a guarantee must be provided by guarantor(s) who have completed a credit application and have passed a credit check.

3.7 We will not pay interest on any credit balance or security deposit in any of your accounts and can use those amounts to pay any of your outstanding Charges for any of your Services. We may charge you a reasonable fee for the administration of dormant accounts, for providing statements, for dealing with unused credit balances, or for the costs of maintaining your accounts.

3.8 If you have an outstanding debt with us, we have the right to transfer that debt to another party who will then have the right to collect that debt from you.

4. Termination of Service

4.1 Either party can terminate this Agreement by giving the other 30 days’ notice.

4.2 In addition, we can terminate this Agreement, and suspend, restrict or cancel the provision of Services, immediately and without notice if:

(a) the health and safety of any person or the safety and security of our Network is at risk;

(b) for commercial reasons we can’t provide the Service;

(d) you fail to pay your bill on time;

(e) you use our Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network;

(f) you resell or resupply a Service, or use it other than for ordinary personal, domestic and household purposes;

(g) you do not follow our reasonable instructions in relation to your use of the Services;

(h) we reasonably consider you to be a credit risk;

(i) you are otherwise in material breach of this Agreement and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so; and

(j) you fail to allow us to access your premises to perform our obligations under this Agreement.

4.3 If we restrict, suspend, or cancel your Services:

(a) for any reason set out in (a) to (c) above, you will not have to pay any early termination charges;

(b) for any reason set out in (d) to (j) above, you agree to pay any early termination charge as set out in your Plan terms and any other outstanding Charges;

(d) we may impose conditions or require payment of Charges during a suspension or for reconnecting any Services;

(e) we may recover our Equipment from your premises (and may charge a disconnection and Equipment recovery fee, associated travel costs and any other costs incurred by us in recovering the Equipment); and

(f) if your Plan is cancelled, you will lose any unused entitlements on your Plan.

4.4 If this Agreement and the provision of Services is terminated for any reason:

(a) We will continue to provide the Service (unless you ask to disconnect earlier). We will charge you for the full notice period even if you request an earlier disconnection.

(b) Amounts invoiced and paid for in advance will not be refunded, unless we in our discretion agree otherwise.

(c) You must pay an Equipment recovery fee (including any associated travel costs and other costs incurred by us in recovering the Equipment), and if the Equipment cannot be recovered, or, upon being recovered, is found to be damaged (fair wear and tear excepted) we may charge you the reasonable cost of replacing that Equipment.

4.5 For the avoidance of doubt, termination of this agreement (or any other agreement between us) does not relieve you from your obligations to pay us all amounts you owe us, or to return our Equipment. It does not affect the accrued rights or liabilities of either of us nor prevent either of us from pursuing additional or alternative remedies provided by law.

4.6 If you change or terminate your Services during a fixed term contract, we can charge you disconnection or early termination charges, or transfer fees, as set out in the applicable Plan terms. The parties agree that the disconnection fees are proportionate to Farmside’s interests in seeking performance of the fixed term contract. However, you will not be required to pay a disconnection fee if you are cancelling your Service early as a result of:

(a) any negative change we have made to this Agreement;

(b) an increase in the Charges payable for your Service (other than a change that results from a change in the price from a supplier for an input required for your Service);

(d) we agree that we are in material breach of our obligations (and we do not remedy it within 14 days of you telling us).

5. Changes to this Agreement or the Services

5.1 We can change any of our terms and any of our Plans, Services, or Charges at any time. We can also withdraw any Plan or Service at any time. We can move you to a comparable Plan or Service if we withdraw your Plan or Service, or we think you would be better off.

5.2 We may notify you in advance depending on the nature of the change:

(a) If we consider that the change will have a neutral or positive effect on you, we can make the change without giving you notice;

(b) If we consider that the change will have a detrimental effect on you:

(i) we will give you 30 days’ notice of the change or, where that is not possible, as much notice as possible;

(ii) subject to (iii), if you cancel or transfer your Plan, we will waive any early termination charges or transfer fees;

(iii) if you cancel or transfer your Plan where there is an increase to Charges due to a tax or levy imposed by law or a charge from a third party supplier of a direct input required to provide the Service (including a charge for a regulated input required to provide the Service), we will only waive any early termination charges or transfer fees where the change will have a material detrimental effect on you.

5.3 If (acting reasonably) you consider that the change has a negative impact on your use of the Service you can exercise your right to cancel the Service without paying disconnection fees.

5.4 We may subcontract or delegate the performance of any of our rights or obligations under this Agreement but this will not relieve us from liability for the performance of any such obligation. Our agents can enforce those rights or obligations expressed to be for their benefit in accordance with Part 2 of the Contract and Commercial Law Act 2017.

6. Limits of liability

6.1 This clause applies subject to clause 2.1 (regarding your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986).

6.2 Your and our liability under this Agreement is limited to:

(a) $2,500 for any event or series of related events; and

(b) A total of $7,500 in respect of all events in any 12 month period.

6.3 We are not liable for any of the following:

(a) loss caused or contributed to by you, or that results from your failure to take reasonable steps to avoid or minimise your loss;

(b) loss of profits or any consequential, indirect or special damage, suffered by you or any other person;

(c) loss where you fail to notify us within 6 months after you become aware (or, acting reasonably, should have become aware) of the events giving rise to the loss or claim;

(d) loss of data, or loss caused by something beyond our control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our control; or

(e) all liability of any kind (including but not limited to negligence) on the part of any third party network or Service operator, its officers, employees, contractors and agents however arising in the provision of Services by such network or Service operator to us is excluded. This exclusion is included for the benefit of those people and may be enforced by them as a complete defence to any claim.

6.4 You are not liable for any of the following:

(a) loss caused or contributed to by us, or that results from our failure to take reasonable steps to avoid or minimise our loss; or

(b) loss of profits or any consequential, indirect or special damage, suffered by us or any other person; or provided that nothing in this Agreement limits your obligation to pay the Charges, or your liability for any loss or damage caused by your fraud, gross negligence, wilful breach or wilful damage.

7. Safety and security

7.1 You are responsible for:

(a) maintaining the security of any access codes or passwords used to access your Services or account information; and

(b) reviewing the classification information for any content you access using our Services, and for ensuring it is suitable for anyone else who has access to your Services.

7.2 You must immediately change your password if we ask you to do so.

8. Miscellaneous

8.1 Assignment: We may transfer this Agreement without notice although, if possible, we will give you notice in advance. You must obtain our written consent to transfer this Agreement which we will give where reasonable.

8.2 Entire Agreement: This Agreement constitutes the entire agreement in relation to the sale and provision of Services. No modification of this Agreement is valid unless expressly made in writing.

8.3 Intellectual Property: All intellectual property rights in the Services provided to you are owned by, or licensed by the owner to, Farmside. You acknowledge that none of these intellectual property rights are transferred to you. Any intellectual property rights and any improvements or changes to any of the Services devised or made by anyone during the time Farmside is providing the Services to you belong to us.

8.4 Jurisdiction and Governing Law: New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.

8.5 Severance: If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.

8.6 Waiver: If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.

9. Glossary

9.1 Words which start with a capital letter in this Agreement have the defined meaning set out below.

(a) Agreement – these Farmside Terms and Conditions between us and you, together with any other relevant terms and conditions that apply to your Plan.

(b) Charges – any charges for the Services including those set out in the Plan terms which may include: the monthly charge for your Plan; any fees; any taxes, levies, or government charges relating to our Services; and any charges for ancillary Services.

(d) Network Operator – us and any third party with which we have entered into an arrangement which provides for the passing of communications between us and that third party or an arrangement to resell wholesale services.

(e) Equipment – equipment used to provide Services to you.

(f) Plan –the bundle of entitlements for the Services you select and which we provide to you.

(g) Services – Farmside’s consumer broadband, mobile, and landline phone services (excluding any business, corporate or government services) and any other consumer services that we or our agents may provide you.