These terms form the basis of the Services provided by Devoli to
your business (“Services” and apply to all products and services
Devoli supplied to your business whether as principal or agent.
Devoli’s agreement with your business also includes any application
order forms or order submissions, which your business complete and
provides to Devoli via facimile, email or via any portal access
provided to you.
In this Agreement, unless the context requires otherwise:
"Agreement" means this agreement between
Devoli, which includes these standard terms and the Application
"Application Form" means a form completed or
otherwise authorised by your business describing a Service, the
site at which the Service is to be provided, the Charges and any
additional terms applying to that Service (including any terms
contained in any marketing materials provided to you which relate
to that Service).
"Charges" means Devoli charges (exclusive of
GST, unless stated otherwise) for the Services, as set out in the
Application Form(s), which may include fixed charges, usage
charges, additional fees and/or one-off fees.
"Connected" means connection to the Network so
that your business is able to receive the Services.
"Disconnected" means disconnection from the
Network so that your business is no longer able to receive the
“End-Users” means the person or company that is
ultimately utilising the services provided by the Customer.
"Network"means the telecommunications network
that we use to provide the Services to your business and to other
customers (including any network to which we interconnect).
"Network Operator" means any entity with whom
we have entered into an interconnection agreement or arrangement
(directly or indirectly) providing for the passing of customer
generated or customer destined communications between Devoli and
"Devoli Equipment" means any telecommunications
and other electronic or related equipment (including PABXs,
antenna, transmission equipment, routers, switches, power supplies
and software), which we may or may not own, that we provide to your
business in connection with the provision of Services.
"Payment Date" means the payment date set out
on each invoice we send to you.
"Phone Number" means a mobile telephone number
or a landline telephone number which is either allocated to your
business by Devoli or which you Ported or seek to Port.
"Port" means to transfer the Phone Number from
one Telecommunications Service Provider to another according to the
approved industry process (and words such as Porting, Ported and
Porting Process shall be construed accordingly).
"Service" means all or part of a service which
have been agreed to by the Parties as part of this Agreement or any
subsequent additions or ammendments.
"Software" means any software which we provide
to your business for the purpose of your business accessing or
using the Services.
"Telecommunications Service Provider" means a
provider of telecommunications services to the public in New
Zealand or Australia.
"Term" means the initial Term of this agreement
as agreed between the Parties as stipulated in this Agreement.
"Working Day" means a day on which registered
banks are open for business in Auckland, Wellington and
“Wholesale” means the resale of Devoli services
to the Customer’s End-Users.
"Your Equipment" means the equipment (including
a mobile telephone or other telecommunications device) that your
business provides so that you can use the Services.
"Your Premises" means the location at which
Devoli Equipment is situated.
"Your Company" means the business or entity you
are representing and the business or entity that will be the
consumer of the Services provided by Devoli.
In interpreting this Agreement:
- references to either party include its respective successors in
title and permitted assigns; and
- a reference to any date, which is not a Working Day, will be
deemed to be a reference to the next Working Day.
Headings in this Agreement do not affect their
- Commencement of Services
- Every Application Form received by Devoli shall be subject to
Devoli acceptance and we will notify your business after you submit
an Application Form whether we have accepted an Application
- Subject to Devoli acceptance in 1.1 above, we will begin
providing Services to your business in accordance with the
timeframe that the parties agree in writing or, if no timeframe is
agreed, within a reasonable timeframe.
- Our commitment to you
- We will:
- provide the Services to your business with reasonable care and
skill. We will use all reasonable efforts to ensure that the
Services are reliable at all times although we do not guarantee
that the Services will be continuous or fault free;
- ensure that all work that we perform in connection with the
provision of the Services is carried out by competent and suitably
qualified personnel and in a professional manner;
- endeavour to remedy any fault or outage with the Service within
the timeframe specified in the Application Form or otherwise within
a reasonable timeframe.
- Owing to operational or other reasons, we may from time to time
restrict or suspend a Service. In those circumstances, we will give
your business as much notice as reasonably possible and will
endeavour to ensure that suspensions or restrictions take place
outside of normal business hours. Where we are restricting or
suspending a Service in the case of an emergency or in order to
protect people or property, or due to events beyond Devoli
reasonable control, we may not be able to give your business any
notice prior to such restriction or suspension, but will endeavour
to inform your business as soon as reasonably possible.
- While we will do our best to provide quality Services, because
of the nature of telecommunications, it is impossible to provide a
fault-free service and the quality and coverage of the Services
depends partly on Your Equipment, partly on Devoli network and
partly on other Telecommunication Service Providers and
telecommunications networks to which our network is connected or
- The Services can be adversely affected by radio interference,
atmospheric conditions, geographic factors, network congestion,
maintenance, outages on other networks and provider sites, the
configuration or limitations of your , or your intended recipient's
equipment, or other operational or technical difficulties which
means that your business may not receive some or all of the
Services in certain areas or at certain times.
- The Services can also change with network expansion or
- Your commitment to us
- You agree:
- not to use or permit the Services to be used in any way which
is illegal, in any way abusive or which constitutes harassment or
which causes harm or damage of any sort or contravenes the
relation to that Service, as notified by Devoli to your business
from time to time;
- not to use or permit the Services to be used in any way that
could interfere with or damage Devoli Network or that of any other
- to follow our reasonable instructions about the use of the
Services; d) only to use the Services for the purpose for which
they are provided.
- your business will ensure that all information you provide
Devoli is accurate and complete. This includes advising Devoli
promptly if your business changes premises or postal address.
- you acknowledge that your business is responsible for any use
of the Services by yourself or by any third party, whether
authorised by you or not.
- your business will, if we ask you to, obtain any third party
authorisation, license or consent that we may reasonably require in
connection with the provision of the Services.
- your business agrees to follow our instructions about the use
of the Services and ensure that everyone who uses Devoli Services
in connection with the provision of our Services to you also meets
your responsibilities when using the Services. You agree to keep us
protected against any legal action taken against Devoli and to meet
any losses we may incur as a result of such use of the Services.
You are responsible if anyone else, whether authorised by your
business or not, uses or misuses Devoli Services.
- Charges, invoicing and payment
- Devoli Charges and the basis of those Charges for the Services
are set out in our Application Form(s) or otherwise as notified to
your business in writing or through our website from time to time
and are subject to amendment as set out in our Application Form(s)
or as otherwise notified to you from time to time
- you agree to pay our Charges for the Services, regardless of
who ultimately uses them. The Charges will apply from the date your
business are Connected. your business also agree to pay any GST
that may be payable in addition to the Charges.
- We will invoice your business for the Services we provide you
at intervals applicable to the Service. Devoli Charges are
structured so that fixed charges are normally payable in advance
and other charges will normally be payable in arrears.
- Where applicable, we may charge for some Services or certain
Charges in arrears depending on when charges are received from
other Network Operators and Telecommunications Service
- A minimum invoice value of $10 plus GST per month applies. If
the amount being invoiced to your business in any given month is
below this value, a top up charge will apply.
- your business agrees to pay each invoice on or before the
Payment Date and without set-off, counterclaim or deduction.
- If any invoiced amount remains unpaid after the Payment Date we
may charge your business a late fee of the greater of $7.50 or 1.6%
per month or part month on that amount until it is paid in full and
your business will also have to pay any reasonable expenses
(including solicitor and own client costs) we incur in collecting
any money that you owe to Devoli or in exercising any of Devoli
other legal rights. your business must advise Devoli when your
business change your address.
- Part payment of your invoice will not amount to a full and
final settlement unless we have agreed to this in writing.
- Disputed accounts
- If you believe that an invoice contains a mistake your business
must contact Devoli as soon as possible and we will investigate the
dispute. All disputes must be submitted in writing clearly
detailing the actual claim. your business must pay any undisputed
amount by the Payment Date.
- you will need to notify Devoli within 90 days of receiving an
invoice of any dispute. We will not accept a dispute greater than
90 days after the invoice on which that disputed item is
- If we agree that there is a mistake, we will correct the
invoice as soon as reasonably possible. If we find that there is no
mistake, your business must pay the outstanding amount immediately
on being notified of Devoli finding such mistake, or on or by the
Payment Date, whichever is the later.
- Credit arrangements
- We are not obliged to begin providing Services to your business
until we have satisfied ourselves that your business will be able
to pay the Charges. If we have already commenced providing Services
to your business and we then receive an unsatisfactory credit
check, we may stop providing any Services. You agree that we may
pass on your information to credit reporting organisations so that
they can run credit checks on our behalf at any time. We may also
let those organisations know if you have not paid our Charges. You
agree that at any time those organisations may pass on to us
information about your business that they hold. We will use that
information to make decisions about providing or continuing to
provide your business with Services. You also agree that those
organisations may keep any information about your business that we
have passed on to them and use it for the purposes of their
businesses, which may include supplying it to other entities that
use their services. In respect of Devoli access to and use of such
information, we will comply with our obligations under clause 16.3
and otherwise with the Privacy Act 1993.
- Where required by our credit policy, we may at any time require
your business to make an advance payment or provide some other form
of security to cover amounts payable by you under this Agreement.
If this Agreement is terminated we will return to your business any
security not required to cover outstanding amounts.
- Our Equipment
- It may be necessary for Devoli to install and maintain our
Equipment and/or Software at Your Premises to provide Services to
you. You agree to give Devoli access to Your Premises at all
reasonable times and with reasonable notice (subject to compliance
with your reasonable security requirements and where applicable,
health and safety requirements) to install, inspect, remove,
replace and maintain Our Equipment and/or Software.
- Ownership of Our Equipment or any replacement for Our Equipment
or replacement component of Our Equipment remains with Devoli at
all times and your business shall not make any claim in respect of
- We will ensure that Our Equipment and Software is safe, free
from defects and fit for the purpose for which it is provided.
- your business agree:
- Not to damage or interfere with Our Equipment or Software in
- To provide a safe and secure operating environment for Our
- To take reasonable precautions to protect Our Equipment and
Software from theft or other loss or damage;
- To follow our reasonable directions when using Our Equipment
and / or Software;
- To take reasonable precautions to protect Our Equipment and
Software from electromagnetic interference, electrical interference
or power fluctuations;
- To pay our Charges for repairing or replacing any part of
Devoli Equipment that is lost or damaged while located on your
- To obtain and maintain insurance to a value determined by
Devoli with a reputable insurance company against loss or damage to
Our Equipment and Software while it is under your control or on
Your Premises. your business will ensure that Devoli interest is
noted on the insurance policy.
- your business authorise Devoli to disconnect any equipment that
may be connected by other Telecommunications Service Providers and
to reconfigure existing equipment to enable the Services to be
provided. We may remove Our Equipment and Software from Your
Premises upon termination of this Agreement or earlier if Our
Equipment is no longer required for the provision of Services or if
your business damage or interfere with it . You agree that we may
enter into premises where Our Equipment is located at any time for
the purpose of repossessing Our Equipment and your business will
indemnify us, upon demand, for all costs and expenses we incur in
arising from such enforcement action.
- Your Equipment
- your business will ensure that all of Your Equipment that is
connected to the Network and/or to Our Equipment is Telepermitted
and is installed in accordance with our specifications.
- your business agrees to follow our reasonable instructions
about modifications that your business may need to make to Your
Equipment so that your business can use the Services.
- Notwithstanding anything else in this Agreement, if Your
Equipment causes a fault in the operation of a Service then your
business will, if we ask your business to, pay Devoli the
reasonable costs of restoring that Service.
- Telephone numbers and number portability
- We or another Telecommunications Service Provider may allocate
telephone numbers to your business to enable you to use the
Services. Allocation of telephone numbers does not confer any
ownership rights in those telephone numbers and your business may
not transfer those numbers to anyone else.
- If it is necessary for Devoli or another Telecommunications
Service Provider to do so for operational or other reasons, we
reserve the right to change or require the change of any telephone
number allocated to you. In such an event, we will give your
business as much notice as is reasonably possible of our intention
to do so.your business may Port the Phone Number to another
Telecommunications Service Provider. If you wish to do so, your
business must contact the Telecommunications Service Provider to
whom your business wish to Port and your business will be
responsible for completing the Porting requirements of that
Telecommunications Service Provider. We will comply with our
obligations under the "Terms for Local and Mobile Number
Portability" in relation to the Porting of the Phone Number to the
other Telecommunications Service Provider. You will be responsible
for all costs associated with Porting the Phone Number (including
any applicable early termination charges owed to us).
- We may be required by law, under contracts with other Network
Operators or for other reasons to change the Phone Number(s). We
will do our best to give your business notice of any change
required. We will not be liable for any costs, which you, or anyone
else, may incur as a result of such change.
- If you or we disconnect your connection(s) to the Services, and
you have not ported or otherwise transferred the Phone Number(s)
prior to disconnection, we may reallocate the Phone Number(s) to
- Directory assistance and listing
- Where applicable, we may include your personal information in
any telephone or similar directory or directory enquiry service
provided or operated by Devoli or by a third party subject to any
objection or preference your business may have indicated to us. We
will give your business an opportunity to express any objection or
preference. If you indicate that your business wishes to be listed
in the white/yellow pages and/or for directory assistance, your
name(s), telephone number(s) and address details will be given to
the directory assistance service provider for listing at your
- Any arrangement you make to be listed will be a matter between
your business and that directory listing service only.
- Network operators and other suppliers
- We have certain obligations towards other Network Operators,
agents and suppliers. Those persons (and their officers, employees,
contractors and agents) will not be liable to your business or
anyone else for any 6 claims, costs, damages, losses or other
liabilities of any kind arising in any way from the Services we
provide or from your use of those Services and our network,
including (without limitation) your access to and use of any
provider’s site or Network Operator’s networks. This paragraph
creates an obligation that other Network Operators, agents and
suppliers can enforce, whether as a defence or otherwise.
- Without limiting any other provision of this Agreement, your
business acknowledge that the provision of any toll service
provided by Devoli may be dependent upon other Network Operators’
fixed lines network and related infrastructure, and that we will at
no time be liable to your business for any failure on the part of
any other Network Operator.
- From time to time, and due to technical constraints, which flow
from the use of other networks, Devoli’s tolls service may not
allow certain functions or facilities to be accessed or used, or
the use of such functions or facilities may be impaired. We will
endeavour to inform your business of any such limitations by
publishing the same on Devoli website or by some other means. We
will at no time be obliged to rectify such limitations or find a
workaround solution to such limitations (even though we may
endeavour to do so if requested), and at no time will we be liable
to your business in relation to such limitations.
- We may suspend provision of Services at any time if you breach
this Agreement, including where your business has failed to pay any
undisputed amount by the relevant Payment Date.
- We may require you to pay a reconnection charge as a condition
of lifting any suspension imposed under this clause.
- We may stop providing any Service or terminate this Agreement
at any time by giving your business no less than thirty (30) days
prior written notice. We may end a Service at any time if we are
withdrawing it from general availability or replacing it with a new
- Subject to clause 15.2 below, your business may give up any
Service or terminate this Agreement at any time by giving Devoli no
less than sixty (60) days prior written notice.
- Notwithstanding clauses 14.1 and 14.2 we may terminate this
Agreement immediately where:
- your business commits a material breach of this Agreement which
is incapable of being rectified;
- your business commits a material breach which is not rectified
within thirty (30) days of written notice of that breach having
been given to you by us;
- your business commits three or more material breaches of this
Agreement where notice has been given as stipulated immediately
above in any twelve (12) month period;
- a receiver or manager over any or all of your assets is
- your business or your director(s) or principal(s) go into
liquidation, bankruptcy or receivership (or it appears that any of
these events is likely to happen); or
- your business is removed from the Companies Register.
- Consequences of termination
- When this Agreement is terminated:
- your business will be Disconnected;
- clauses 3.5 - 29 (inclusive), together with other provisions of
this Agreement which are required to give effect to those clauses,
will remain in effect;
- each party must immediately return to the other any
information, equipment or any other item which is in its possession
and which belongs to the other party; and 7
- we may access Your Premises to remove Our Equipment. If we are
unable to gain access we may invoice your business and your
business agree to pay the standard replacement charge for the
Equipment in question.
- You acknowledge that:
- the Charges for some Services are set based on the Term which
you have agreed for that Service; and
- if your business gives up any Service or terminate this
Agreement under clause 14.2 or we terminate all or part of this
Agreement under clause 14.3 prior to the expiry of the Term:
- we may charge your business (in which case you will be liable
to pay) the monthly charges, as specified for that Service, for the
period from the date of termination to the expiry of the Term, as
compensation to Devoli for the revenue which we would otherwise
have expected to receive from your business in respect of that
Service over the Term;
- your business will repay to Devoli any credit, equipment
subsidy or installation subsidy we have given against your account,
- any credit remaining on the account will not be used to set off
any Charges or early termination charges.
- Termination and the rights set out in clause 15.2 are without
prejudice to any other rights or obligations either party may have
under this Agreement.
- Confidentiality, publicity and privacy
- Each party agrees not to reveal any information concerning the
provisions of this Agreement or information provided under it to
any third party, other than:
- as required to perform its obligations or exercise its rights
under this Agreement;
- as required by law or by the rules of any stock exchange;
- to its employees, agents and contractors in order to give
effect to the purpose for which the information was provided;
- where the information is already in the public domain (but not
where it is in the public domain as a result of a breach of this
- with the other party’s written consent.
- Each party agrees not to issue any press release or public
announcement concerning this Agreement without the other party’s
prior written approval.
- If you are an individual, you agree that we can collect, retain
and use any information about you and can pass it on to our
employees, contractors, agents and suppliers for a range of lawful
purposes connected with Devoli business operations, such as
checking your creditworthiness, providing the Services and keeping
you informed about new products and services. You may ask to see
the information that we hold about your business at any time and
your business may ask Devoli to correct any errors. Where you
disclose to Devoli any information about a director, partner,
principal or contact person, you confirm that:
- you are authorised by that person to make that disclosure for
the purposes described above;
- that person has agreed that we can collect, retain and use any
information about him or her and can pass it on to our employees,
contractors, agents and suppliers for a range of lawful purposes
connected with our business operations, such as checking his or her
creditworthiness, providing the Services and keeping him or her
informed about new products and services; and
- that person understands that he or she may ask to see the
information that we hold about him or her at any time and he or she
may ask Devoli to correct any errors.
- We may require you to provide a Personal Identification Number
("PIN") to Devoli which will enable Devoli to verify the identity
of those who are authorised to have access to your account details
and to make changes to your Devoli account. You are entirely
responsible for maintaining the security of your PIN. We are
entitled to rely on the provision of your PIN without further
enquiry, as evidence of authority to access your account details
and to make changes to your Devoli account.
- Some Services are available via the internet or other systems
operated by third parties and, although we will endeavour to
maintain the security of information, we cannot guarantee that
information you receive or supply when using the Services will be
secure at all times. You acknowledge that we are unable to exercise
control over and make no representations or warranties concerning,
the security or content of data or information passing over Devoli
network, any systems operated by third parties, and the
- We will not be responsible for any harm your business suffers
from a virus or other manipulating program which infiltrates Your
Equipment, whether it was transmitted via the Services or
otherwise. In accordance with clause 4 your business remain
responsible for all Changes applied to your account for the use of
any services activated by such a virus or program.
- Intellectual property rights
- You acknowledge that all rights to intellectual property
contained in the Services and in Our Equipment (including any
improvements or changes to any Service or to Our Equipment) belong
to Devoli or to Devoli licensors or third party suppliers, and are
retained by Devoli when we provide the Services or Our Equipment to
you. These intellectual property rights include, but are not
limited to, all copyright, trade mark and design rights relating to
- Personal properties security act 1999
- You agree that this Agreement constitutes a security agreement
which provides for a security interest in Devoli’s favour in all of
your present and after-acquired property except for any item of
personal property which is not (or which is exclusively the
proceeds of any item of personal property which is not) provided by
Devoli to your business under these terms. In addition, references
in this Agreement to 'Equipment' and 'Software' means the goods and
software described or referred to in the relevant records we
maintain (or any other relevant document we may produce), on the
basis that such record or other document is deemed to be assented
to by your business and to be included in and form part of this
- On request by us, your business will promptly do all things
(including signing any other documents) and provide all information
necessary to enable Devoli to perfect and maintain the perfection
of any security interest your business grant to Devoli under this
Agreement (including by registration of a financing statement).
your business waive your right to receive a copy of any
verification statement in respect of any financing statement we
register and your business agree to indemnify us, upon demand, for
all costs and expenses we incur in registering and maintaining any
- Where used in this clause, the following words and phrases (and
grammatical variations of them) have the meanings given to them in,
or by virtue of, Personal Property Securities Act 1999:
'after-acquired property', 'financing statement', 'goods',
'perfection', 'personal property', 'proceeds', 'security
agreement', 'security interest', and 'verification statement'.
- if we provide your business with any software in connection
with the provision of the Services, you agree:
- not to copy, modify or reverse assemble the software; and
- that your business is licensed by Devoli to use the software
only for the purposes, and in accordance with the terms, of this
Agreement and any terms upon which the software is ordinarily
licensed or which we notify to you.
- Where you are acquiring any Services for the purposes of a
business, you will not assert or attempt to assert any rights or
claims against Devoli under the provisions of the Consumer
Guarantees Act 1993 in respect of the supply of those Services to
- No claim for damage, loss or injury direct or indirect against
Devoli in respect of any Services supplied by Devoli shall in any
case exceed either the re-supply or the cost of re-supply of the
Services giving rise to the claim against Devoli and we reserve the
right to elect either option at our absolute discretion.
- In respect of Our Equipment, our liability shall be limited to
the replacement of Our Equipment only.
- Notwithstanding any other clause in this Agreement we will not
be liable to your business in tort (including negligence), contract
or otherwise for any economic loss, loss of profit, loss of
savings, loss of anticipated profit or savings, or for any
indirect, special or consequential loss or damage, however caused,
whether arising in relation to the supply or non-supply of any
Services, any breach by Devoli of this Agreement or otherwise.
- No other Network Operator and/or third party supplier
(including their officers, employees, contractors and agents) will
be liable to your business for loss or damage of any kind arising
from your use of the Services. This clause is intended to be for
the benefit of, and enforceable by, each such Network Operator and
third party supplier in terms of the Contracts (Privity) Act
- Apart from the warranties expressly given to your business in
this Agreement, all other warranties, express or implied, are
excluded (to the extent permitted by law).
- your business will indemnify Devoli against all claims of any
kind whatsoever however caused or arising (including without
limitation all sums paid to compromise or settle claims,
proceedings and actions out of court) brought by any person in
connection with: a) any use by your business of the Services other
than in the manner contemplated by this Agreement; or b) any
failure by your business to meet your obligations under this
- You will reimburse Devoli on demand for any expenses,
disbursements and legal costs incurred by Devoli in the enforcement
of any of our rights contained in this Agreement (including any
reasonable solicitor’s fees and debt collection agency fees) where
we are enforcing those rights as a result of your non-compliance
with any of your obligations under this Agreement.
- You acknowledge that your business has not relied on any
representation by Devoli or any of Devoli employees or agents as to
the fitness for purpose, suitability or features of any Service,
except where such representations are recorded in the relevant
Application Form or this Agreement.
- Dispute Resolution
- If any dispute arises out of this Agreement, neither party is
to commence proceedings relating to the dispute (except where
urgent interlocutory relief is sought) unless that party has first
complied with this clause 22.
- A party claiming a dispute that has arisen is to give written
notice to the other party specifying the nature of the dispute. On
receipt of that notice, the parties will use all reasonable
endeavours to resolve the dispute by discussion, negotiation or
other informal means.
- If the parties do not resolve the dispute within 10 Working
Days of the receipt of the notice then either party can, by writing
to the other, require that the dispute be mediated in accordance
with the standard mediation agreement of LEADR New Zealand, and the
then current Chair of LEADR New Zealand will select the mediator
and determine the mediator’s fee.
- Any notice given pursuant to this Agreement must be in writing
and be delivered, or sent by post, by email or by facsimile, to the
other party’s contact address, as set out below.
and To your company the representative reference in the Application
Form attached to these Terms of Agreement.
- Devoli Limited
- 10 Unit A7,
- 1 Beresford Square
- PO Box 68707
- Auckland Central
- Newton Auckland
- Any such notice will be deemed to be validly given:
- in the case of delivery, when received;
- in the case of facsimile transmission, when a correct facsimile
confirmation receipt slip is received;
- in the case of posting, on the second Working Day following
- in the case of email, on receipt of delivery confirmation.
- Entire agreement, variation and conflict
- This Agreement contains all of the terms, representations and
warranties made between the parties and supersedes all prior
discussions and agreements covering the subject matter of this
- No variation or waiver of any provision of this Agreement shall
be recognised or binding on Devoli unless it is in writing and
signed by a Devoli authorised representative.
- If there is any inconsistency between the terms contained in
this Agreement and in the Application Form(s), then the terms
contained in the Application Form(s) will take precedence.
- We may amend these standard terms at any time. This will vary
our agreement with you. When we do this we will make a copy of the
amended standard terms available to you on our website at
www.Devolicommunications.co.nz The amendments we make will apply
seven days after we make the amended terms available to you. We may
interpret your ongoing use of Devoli services after that date as
constituting your acceptance of the amendments.
- Your business may not assign all or any of your rights or
obligations under this Agreement without our written consent (such
consent not to be unreasonably withheld).
- We reserve the right to assign our rights under this Agreement
without your consent.
- Force Majeure
- Notwithstanding any other provision in this Agreement, neither
party is liable to the other for failing to meet any of its
obligations under this Agreement to the extent that the failure was
caused by an act of God or other circumstance beyond that party’s
reasonable control. 26.2 Nothing in clause
- shall release your business from any obligation to make payment
of sums owing to Devoli when those sums are due and owing to Devoli
under this Agreement.
- If either party delays or fails to enforce any of its rights or
remedies under this Agreement, this will not constitute a waiver by
that party of that or any other right or remedy available to
- Terms seperately binding
- Each term of this Agreement is separately binding. If for any
reason either party cannot rely on any term, all other terms remain
- This Agreement is governed by the laws of New Zealand. The
parties agree to submit to the non-exclusive jurisdiction of the
courts of New Zealand.
- Application of these terms and conditions
- We each acknowledge that you may receive other products or
services from Devoli in respect of which specific terms and
conditions (whether separately negotiated with us, or generally
applicable in respect of that category of goods and service) might
apply. In the event that such terms and conditions do not deal with
any particular matter, the terms and conditions set out in this
Agreement shall apply.