General Terms that apply to all customers.
We appreciate your decision to join Wicked Internet.
Take note that our General Terms and Conditions have been revised and will come into effect starting 1st January 2023. These General Terms & Conditions lay the foundation for providing products and services to you. Additional Specific Terms & Conditions may also apply, based on the particular products and services you choose to receive from us. We encourage you to carefully read these General Terms & Conditions, as you commit to adhering to them when you sign up for any products and services we offer.
We've made a concerted effort to ensure these General Terms & Conditions are as transparent as possible. However, we would like to highlight the following essential points:
Modifications: In line with clause 15.2 (Changes by us), we will only make changes to our Agreement or the Services. If a change negatively affects you, you may have the right to terminate Services or our Agreement as outlined in clause 15.2.
Termination: The rights of both parties to terminate Services or our Agreement, as well as the resulting consequences, are detailed in clause 16 (Suspending or terminating the Services).
Early termination charges: If your Fixed Term Plan is terminated before the end of the minimum service term, you may be required to pay an early termination charge. More information can be found in clause 16.3 (Impact of termination by you or us) and clause 16.4 (Early termination charges).
Consumer legislation: If you are not acquiring the Services for business purposes, you have rights under the Consumer Guarantees Act and Fair Trading Act, and nothing in these General Terms & Conditions seeks to limit or exclude your rights under that legislation.
Privacy Policy: We prioritize protecting your privacy and will only collect and use your personal information in accordance with our Privacy Policy.
Acceptable Use Policy: Your utilization of the Services is subject to our Acceptable Use Policy.
Please reach out to us if you have any questions or suggestions on how we can improve our service. We hope you enjoy being part of Wicked Internet.
Agreement: Our agreement consists of your Application, these General Terms & Conditions, any Specific Terms & Conditions and promotional terms applicable to the Services or offers you obtain from us, the Privacy Policy, and the Acceptable Use Policy (Agreement).
Precedence: If there is any conflict or inconsistency between these General Terms & Conditions and any Specific Terms & Conditions, the Specific Terms & Conditions will take precedence.
Definitions: In these General Terms & Conditions:
Acceptable Use Policy refers to our acceptable use policy, as published on our Website;
Activation implies the successful connection of the Services, making them available for your use;
Agreement holds the meaning provided in clause 1.1 (Agreement); Application has the meaning given in clause 3.3 (Your application);
Billing Period holds the meaning provided in clause 9.2 (How we will invoice you (monthly eBilling));
Change refers to the meaning provided in clause 15.2 (Changes by us);
Charges indicate the charges applicable to the Services you acquire from us, including one-time product or setup charges and recurring Plan charges;
Chorus refers to Chorus Limited or any related company (as defined in the Companies Act 1993) of Chorus responsible for connecting and installing VDSL or fiber Services at your premises.
Consumer Guarantees Act refers to the Consumer Guarantees Act 1993;
Equipment encompasses any network equipment owned by us or our suppliers used to provide the Services to you, excluding any network equipment you have purchased from us and fully paid for or otherwise supplied by you to access the Services;
Fair Trading Act refers to the Fair Trading Act 1986;
Fixed Term Plan denotes a Plan subject to a minimum service term (e.g., 6, 12, 24, or 36 months) where that minimum service term has not expired;
Installation Costs indicate any costs charged by us, our authorized contractors, or a Wholesaler for connecting or installing the Services at your premises;
LFC stands for the local fiber company responsible for connecting and installing fiber Services at your premises, and includes Chorus to the extent that Chorus provides wholesale fiber services;
Monthly Plan denotes a Plan offered on a month-to-month basis, which includes (for the avoidance of doubt) a Plan that was subject to a minimum service term but that minimum service term has expired;
HeadQuarters Network Consultancy Ltd (Company #1476607) is trading as Wicked Internet refers to its, and “we”, “us”, and “our” have corresponding meanings;
Network implies the telecommunications and data system owned by us and our suppliers, which we use to provide the Services to you and other customers;
Plan signifies a plan on which Services and other applicable entitlements are made available to you;
Privacy Policy refers to our privacy policy, as published on our Website;
Services encompass the products and services you acquire from us;
Specific Terms & Conditions refer to specific terms and conditions outlining the basis on which we will provide specific products and services to you (e.g., the Residential Broadband Terms & Conditions);
Support Scope denotes our support scope, describing the level of technical support we provide to our customers for the Services, as published on our Website;
Website refers to our New Zealand website, www.wickedinternet.nz; Wholesaler denotes an LFC or Chorus, as applicable; and
You signifies a person who applies for and/or acquires products and services from us.
Interpretation: For the purposes of understanding and constructing our Agreement:
a. words indicating singular or plural include the plural and singular respectively;
b. headings are included for convenience only and do not impact the interpretation of this Agreement; and
c. any reference to any statute or regulation refers to that statute or regulation as amended or replaced.
Eligibility & applying for Services
Eligibility to request Services: To be eligible for the Services, you must:
a. be at least 18 years of age;
b. provide acceptable identification;
c. meet our credit policy requirements (including having no outstanding debt with us);
d. provide a valid email address for us to contact you.
The Services are supplied in New Zealand: We can only supply the Services to premises or devices located in New Zealand.
Your application: You may apply for the Services in person, over the phone, or on our Website (Application). In each case, we will require you to provide information about yourself so that we can assess your application for the Services. You must ensure that all information you provide to us or any of our suppliers is accurate and complete.
Credit & identity checks: As part of your Application, we may verify your identity and credit status with our authorized suppliers. You authorize us to verify your credit status with any credit reference agency, at our cost, and to disclose information about you to any credit reference agency for that purpose. Subject to any applicable privacy laws, we do not have to disclose our credit criteria or the reasons for our decision. We do not accept responsibility for the accuracy of any information provided to us about you by a credit reference agency.
Your agreement to our suppliers' terms: You may be required to agree to our suppliers' terms so that we can deliver the Services to you. For example, you may be required to agree to the Wholesaler's terms. Copies of any applicable supplier terms will be made available to you as part of your Application or published on our (or the supplier's) Website, or both.
Acceptance by us: We are not obligated to provide Services to you unless we accept your Application. Acceptance of your Application is at our sole discretion. We may impose additional conditions for accepting your Application. For example, we may impose a credit limit or require you to pay a security deposit before we supply the Services to you. We may also make acceptance conditional on a Wholesaler assessing the feasibility or ability to connect or install the Services at your premises. We do not accept any liability for not accepting your Application. If we decide not to accept your Application, we will refund any payment that you have made to us during the Application process.
Installation & activation of the Services
Installation may be necessary: We might need to install or connect Equipment at your premises to provide the Services. Installation or connection may be done by us, our authorized contractors, and/or the Wholesaler. We will schedule a time with you for installation or connection. Further information about the installation process is in the relevant Specific Terms & Conditions. Unless stated otherwise, you will be responsible for paying any Installation Costs, which will be agreed upon before connection or installation begins.
Joining us from another service provider: If you're switching to us from another service provider, you acknowledge that:
a. we might not be able to provide all services or the same services provided by your previous service provider. All Services we supply will be agreed upon with you;
b. you must provide enough information (e.g., your account number with your old service provider) as requested by us to facilitate your move efficiently;
c. it is your responsibility to terminate any agreement with your old service provider; and
d. you will be liable for any charges incurred for terminating your agreement with your old service provider or for any changes in price or availability imposed by your old service provider if you continue receiving a reduced level of services from them.
Our right not to connect Services to your premises: We reserve the right not to connect Services to your premises if we or a Wholesaler deem it uneconomical or unsafe. We may exercise this right at any time before Activation, even if we've accepted your Application. If we decide not to connect Services to your premises, we will refund any payment made during the Application process.
Activation by us: We will inform you once the Services are Activated and ready for use. You will only be liable for the Charges from the Activation date (excluding non-standard Installation Costs, which you will be liable for immediately after installation is complete). Charges will start from the Activation date, regardless of whether you start using the Services immediately.
Equipment we supply: If we supply Equipment for accessing the Services, we retain ownership unless you've purchased and fully paid for it. You must follow our reasonable instructions regarding Equipment use and not tamper or interfere with it (including introducing viruses or disabling mechanisms). Any claims related to the Equipment are covered by the manufacturer's warranty (if any). You may also have rights under the Consumer Guarantees Act.
Equipment you supply: You're responsible for ensuring that any network equipment you supply for accessing the Services is compatible with the Network. We will provide technical support for the Services following the Support Scope. However, we might not be able to provide technical support for network equipment you supply. We are not liable for Service interruptions caused by equipment not supplied by us.
Interoperability of devices: You are responsible for ensuring that your PC, tablet, mobile phone, TV, and other internet-enabled devices work properly and are compatible with the Services. You may need to refer to your device(s) user manuals. We are not responsible if you cannot use the Services because your devices do not work properly or are incompatible with the Services.
In-premise wiring, sockets & Wholesaler network equipment: Subject to any applicable Wholesaler terms, you are responsible for maintaining all wiring, sockets, and Wholesaler network equipment in your premises required for the Services.
Services delivered via a Network: Wicked Internet does not possess or control all parts of the Network used to provide the Services to you. By acquiring the Services, you acknowledge that they are delivered over a Network, and this does not grant you any rights to any part of the Network.
Employing suppliers for Service delivery: Wicked Internet may subcontract or delegate the fulfilment of any rights or obligations under our Agreement to our suppliers, but this will not absolve us from liability for the performance of such obligations. We may engage a supplier for billing services (including credit checking and control) and our customer services center. Invoices from our supplier are binding on you, and full payment to our supplier discharges your liability to pay those invoices under our Agreement. Our suppliers can enforce obligations expressed to be for their benefit following section 12 of the Contract and Commercial Law Act 2017 (Deed or contract for the benefit of a non-party person).
Network monitoring, interception, and copyright: We do not actively monitor the content you access on our Network. However, we reserve the right to monitor the Network, including data volumes and traffic types transmitted. We may be required to respond to lawful information requests, assist surveillance agencies with lawful interception under the Telecommunications (Interception Capability and Security) Act 2013, and address allegations under the Copyright (Infringing File Sharing) Amendment Act 2011 (including sending you an infringement notice).
Power outages: Some Services need power to function. During power failures, you may not be able to use the Services. You may need alternative arrangements for monitored alarms or health-monitoring medical devices.
Property access: We may occasionally need access to your property to maintain the continuous supply of Services, including resolving faults or inspecting Equipment. Access to your property requires your consent. If you refuse access, it may affect our ability to provide Services.
Temporary suspension for repairs, maintenance, etc.: We may temporarily suspend Services to conduct repairs, planned maintenance and upgrades, or network management. We will make our best efforts to provide reasonable notice of any temporary suspension.
Adherence to our Agreement and relevant laws, etc.: You agree to:
a. comply with our Agreement in all respects;
b. adhere to any supplier terms agreed to under clause 3.5 (Your agreement to our suppliers' terms);
c. follow all laws related to the use of the Services;
d. access and use the Services only within New Zealand;
e. follow our reasonable instructions for using the Services and use them only for their intended purposes;
f. ensure anyone authorized to use the Services on your behalf complies with our Agreement as if they were a party to it;
g. not resell or resupply the Services to any third party.
Acceptable Use Policy: Your use of the Services is subject to Wicked Internet's Acceptable Use Policy, published on our Website and part of our Agreement.
IP addresses: Your Plan may include a dynamic or static IP address. You may also purchase a static IP address as an additional Service. IP addresses are owned by the Asia-Pacific Network Information Centre (APNIC), and ownership, rights, or interests in IP addresses are non-transferable.
a. We may change a dynamic IP address without notice, which we believe will not adversely affect you.
b. We will only change or recall a static IP address under exceptional circumstances (e.g., if APNIC requires it) or at your request. We will use reasonable efforts to notify you in advance of any change or recall but consider this a "non-detrimental Change" for clause 15
Security: You agree to keep your Wicked Internet username and password confidential and secure, and not share those credentials with any other person. We recommend that you change your password at regular intervals.
Responsibility for use of the Services: You are responsible for all access, security, and use of the Services provided by Wicked Internet, regardless of who accesses and uses them. You must inform us immediately if you suspect or become aware of any unauthorized access or use of the Services on your account. In such cases, we will consider, acting reasonably and in good faith, who should bear responsibility for the relevant charges.
Availability, quality, and fault management
Services not available in all areas: Wicked Internet's Services are not accessible in every area or to all customers.
No guarantee that the Services will always be available: Although we will use all reasonable efforts to ensure the Services are available at all times, they depend on our ability to interconnect with networks owned by third parties. As a result, we cannot guarantee that the Services will be continuously available or fully functional. If the Services become unavailable for any reason, we will strive to restore them as soon as possible. While we will always use our reasonable skill and care in providing the Services and aim to deliver the best possible service, we cannot guarantee that the Services will be:
a. fault-free;
b. uninterrupted, or that any faults or errors can be corrected;
c. accessible at any specific time or location;
d. constantly available or available for any minimum duration;
e. secure or private; and/or
f. free of viruses or other harmful features.
Speed and quality of the Services: Any indicated speeds represent the theoretical maximum speeds at which you can send or receive data on our Network. Your actual speeds or latency may vary depending on several factors, including the equipment you use to access the Services, your distance from an exchange, your device's capability, and the number of customers using the Services in your area. Other factors may also affect the specific speeds or latency you can achieve with servers nationally and internationally. We can only control these speeds within our own network, and connections to servers outside our network are on a "best effort" basis.
"Unlimited" Plans: If you have a Plan that includes an "unlimited" Service (e.g., unlimited data), you can use that Service without limits for the duration of your Plan. We may implement traffic prioritization policies for these Plans to protect our Network and enhance overall performance for our customers.
Reporting and resolving faults: If you wish to report a fault, please contact our customer service team. We may need to schedule a visit to your property to address the issue. We will make all reasonable efforts to inform you of any applicable third-party charges, such as Wholesaler charges, before the visit. We may need to test the Equipment's configuration and ask you to follow instructions to manually reconfigure any Equipment at your property to help restore the Services. If we reasonably determine that there is no fault, or that the fault was caused or contributed to by wiring on your premises or network equipment supplied by you, we may charge you for any costs reasonably incurred by us (including any Wholesaler charges) in investigating and resolving the fault.
Charges and due date: You agree to pay the Charges when they are due, as indicated on your invoice.
How we will invoice you (monthly eBilling):
a. We typically invoice you for the Charges monthly based on your Activation date (Billing Period). However, we may invoice you immediately after incurring one-off Charges.
b. We invoice you in advance for recurring Plan Charges and in arrears for usage Charges incurred during the preceding Billing Period.
c. Your first invoice may include a pro-rated Plan Charge aligned with your Activation date.
d. You consent to receive your invoice electronically via our eBilling service sent to the email address in your Application. Ensure your email address is accurate and current. You are liable for payment of all invoices sent to your email address, regardless of whether you access and read the email or are disconnected from your email account.
e. We cannot guarantee uninterrupted and/or reliable access to the eBilling service. You are not liable for delays in paying Charges due to eBilling service unavailability.
How you can pay: You can pay for the Charges by debit card, credit card, or other payment methods we may advise or agree with you. Ensure sufficient funds or credit are available in your nominated account.
Reminders, fees, and collection of overdue Charges: We send reminders for overdue payments. If you do not pay your invoices on time, and the Charges are not disputed per clause 9.6 (Disputes), we can:
a. charge a $14 late payment fee on each outstanding invoice;
b. charge other costs reasonably incurred by us in recovering the outstanding amount;
c. refer, sell, or dispose of any debt outstanding by 30 days or more to a debt collection agency or debt purchaser; and
d. suspend the Services until outstanding amounts are received, or terminate our Agreement per clause 16.2 (Suspension or termination by us).
Deposit and credit limit: We may require a deposit or set a credit limit for your account in limited circumstances. Refer to the original text for details on deposits and credit limits.
Disputes: Notify us before the due date for payment of any disputed Charges or as soon as possible after payment for already paid Charges. We will investigate genuine disputes in good faith and respond within 30 days. If we agree with your dispute, we will issue a revised invoice. If investigating the dispute requires retrieving and reviewing a significant volume of historical records, and we determine the dispute was unfounded, we may charge a reasonable administrative fee.
Accuracy of descriptions & pricing
Protection of your personal information
Promotional offers & third-party applications
By using the Services, you consent to receive promotional offers and marketing information related to the Services.
Promotional offers may have specific terms and conditions, eligibility requirements, and validity periods.
We may offer free trials of certain Services, subject to terms and conditions, and reserve the right to withdraw trial Services at any time without notice.
We may make third-party applications available to you at no charge and reserve the right to modify, discontinue, or replace them without notice. These applications are subject to their respective license agreements, which you must accept as part of the sign-in process.
Changing your details & moving premises
Notify us if your details change: You must notify us as soon as possible if any details provided in your Application change.
Moving premises: If you move premises, you must either stop the Services at your old address or request a transfer of the Services to the new occupant. You may also request to reconnect the same or similar Services at your new address.
Transfer by you: You may transfer our Agreement or the Services to another person with our prior written consent, provided the person meets eligibility criteria and consents to the transfer.
Transfer by us: We may transfer or assign our Agreement or the delivery of the Services in connection with a merger, consolidation, internal reorganization, or sale of all or substantially of our business. We will try to give you reasonable advance notice if we wish to do this.
Changes to the Services or our Agreement
Changes by you: You may apply for additional Services or request changes to existing Services by contacting our customer service team. Changes you request will become effective from the start of your next Billing Period. Any change you request may impact the Charges that apply to you. An early termination charge may apply if you cancel or downgrade any Services that apply to a Fixed Term Plan.
Changes by us: We may improve, modify, or delete any part of our Agreement, specifications, Charges and Plans, or withdraw, suspend, or change any of the Services.
a. Non-detrimental Change: If we believe a Change will not have a detrimental impact on you, we may make that Change without prior notice. If you believe the Change is detrimental, contact our customer service team to discuss your personal circumstances.
b. Detrimental Change: If a Change increases Charges, reduces benefits, or we believe it may have a detrimental impact, we will notify you. You may have the right to terminate our Agreement, Plan, or Service as outlined below:
i. Notice: We will give you individual notice of the Change and publish it on our Website. We will do our best to give you at least one month's prior notice.
ii. Right to terminate a Fixed Term Plan: If you believe the Change is detrimental, you have the right, within one month after receiving notice of the Change, to either transfer to another Fixed Term Plan without fees or terminate that Fixed Term Plan without early termination charges.
iii. Right to terminate a Monthly Plan: If you believe the Change is detrimental, you have the right, within one month after receiving notice of the Change, to terminate our Agreement immediately.
iv. Right to terminate a Service that is not part of a Plan: If you believe the Change is detrimental, you have the right, within one month after receiving notice of the Change, to terminate that Service immediately.
v. Liability for Charges: If you terminate your Plan or Service in accordance with this clause, you will remain liable for all Charges incurred up to the effective date of termination.
Suspending or terminating the Services:
Termination by you: You can terminate any or all of the Services or our Agreement by contacting our customer service team. Termination will take effect from the start of your next Billing Period unless agreed otherwise. On termination, clause 16.3 (Impact of termination by you or us) will apply.
Suspension or termination by us: We can suspend or terminate the Services or our Agreement in certain circumstances. In the case of termination, clause 16.3 (Impact of termination by you or us) will apply.
a. We can suspend any or all of the Services with immediate effect, for a reasonable period, without notice to you if:
i. you breach our Agreement;
ii. you do not pay any Charges by the due date;
iii. you exceed any credit limit in place;
iv. we are acting in compliance with a regulatory authority or law enforcement body;
v. we (or our agents, contractors, or suppliers) need to carry out urgent maintenance, repairs, or improvements to any part of the Services or our Network.
You will remain liable for the Charges during the suspension period.
b. We can terminate any or all of the Services and/or our Agreement with immediate effect and without notice to you if:
i. you breach our Agreement and continue to do so after we have asked you to stop;
ii. you do not pay any Charges by the due date;
iii. you exceed any credit limit in place and fail to make sufficient payments within 30 days of us notifying you that you have exceeded your credit limit;
iv. you are abusive to us or any other person, make abusive, offensive, malicious, or nuisance calls or communications, or use the Services in an offensive way;
v. you become (or we can reasonably demonstrate that you are likely to become) insolvent;
vi. you die or, in the case of a partnership, it is or we can reasonably demonstrate that it is intended to be dissolved;
vii. we can reasonably demonstrate that you have or another person at your premises has committed, or may be committing, any fraud against us or against any other person or organization by using the Services.
Consequences of termination by either party: In the event that the Services or our Agreement are terminated under clause 16.1 (Termination initiated by you) or clause 16.2 (Termination initiated by us), taking into account clause 15.2 (Changes initiated by us):
a. Fixed Term Plan: If you have a Fixed Term Plan, you will be required to pay the relevant early termination fee if the termination becomes effective prior to the completion of the minimum service duration for that Fixed Term Plan. You will continue to be responsible for all Charges accrued up to the termination's effective date.
b. Monthly Plan: If you have a Monthly Plan, you won't be subject to an early termination fee, but you will continue to be responsible for all Charges accrued up to the termination's effective date.
c. Equipment: If we request it, you must promptly send back all Equipment to us at your own expense. We hold no responsibility for any equipment that you provide and will not offer any reimbursement for such equipment upon termination.
Early termination fees: Early termination fees serve the purpose of compensating us for some of the costs and losses we experience if a Fixed Term Plan is terminated before the end of the minimum service term. These costs can include charges from our suppliers (such as Wholesalers). Early termination fees are not designed to punish you. Information about any applicable early termination fees is provided during the offer and can be found on our Website.
Consumer protection laws & responsibility
Applicability of Consumer Guarantees Act & Fair Trading Act: You can assert your rights under the Consumer Guarantees Act at any time, unless you are obtaining the Services for business purposes. Your rights under the Consumer Guarantees Act and the Fair Trading Act coexist with the rights detailed in these General Terms & Conditions and are not affected or altered by them, including the limitation of liability outlined below.
Your responsibility towards us: If you cause us any loss, damage, or expense:
a. your liability for any claim, damages, loss, or expense arising from your breach of our Agreement or negligence is capped at $5,000 for any event or series of connected events, and $10,000 for all events occurring during any 12-month period of our Agreement; and
b. you will not be held accountable for any loss of data, profits, or any consequential, indirect, or special damage, or any loss caused by you, such as through your negligence or breach of our Agreement. This limitation does not apply to your obligation to pay any outstanding Charges or any claim, damages, loss, or expense resulting from fraud, intentional breach, or intentional damage.
Our responsibility towards you: If we cause you any loss, damage, or expense, you have rights under the law, including the Consumer Guarantees Act and the Fair Trading Act. Except where you have rights under the law:
a. our liability for any claim, damages, loss, or expense you incur due to our breach of our Agreement or negligence is capped at $5,000 for any event or series of connected events, and $10,000 for all events occurring during any 12-month period of our Agreement; and
b. we will not be held accountable for any loss of data, profits, or any consequential, indirect, or special damage, or any loss caused by you, such as through your negligence or breach of our Agreement. This limitation does not apply to any claim, damages, loss, or expense resulting from fraud, intentional breach, or intentional damage.
Force majeure: Neither party will be responsible to the other for any delay or failure in fulfilling its obligations under this Agreement if the failure results from matters beyond that party's reasonable control, including acts of God, requirements of any governmental or regulatory authority, war, national emergency, fire, lightning, equipment failure, computer software malfunction, electrical power failure, faults, or disruption in the networks of other service providers. For the purposes of this clause, your financial insolvency is not a matter that is beyond your reasonable control.
Support & complaints: We are a member of the Telecommunications Dispute Resolution (TDR) scheme. If you require support or wish to file a complaint about any of our Services, visit the Support page on our Website or call us at 0508 WICKED. If we cannot resolve your complaint, you may refer the matter to the TDR. The TDR will only accept a complaint if the customer has first attempted to resolve it with us and given us a reasonable opportunity to fix it. See tdr.org.nz/making-a-complaint for more information.
How to contact us: You can reach us regarding our Agreement by contacting our customer service team through chat via the contact & support page on our website or by emailing us at support@wickedinternet.nz.
How we will contact you: If we need to provide you notice under our Agreement, we will do so by email or text message using the contact details in your Application (or as otherwise advised by you). We may also post any announcements, including any changes to our
Agreement to electronic communication: By applying for or using the Services, you give consent for us to send you electronic messages occasionally, which may include marketing and promotional content. All messages we send will provide an effective unsubscribe option.
Recording interactions with customer support: We reserve the right to record any communication with our customer support team (such as phone calls or online chats) for the purposes of training, addressing disputes, and ensuring the highest quality of service.
Currency reference: Unless otherwise specified, any mention of dollars or $ refers to New Zealand dollars.
GST inclusion: Unless otherwise stated, advertised prices for residential Services incorporate GST, while prices for business Services do not include GST.
Non-waiver: If we fail or delay in exercising or enforcing our rights under the Agreement, it will not be considered a waiver of such rights, and it will not impact our ability to strictly enforce our rights under the Agreement at a later time.
Provision severability: If any part of our Agreement is deemed invalid, unlawful, or unenforceable, whether in whole or in part, that provision will be modified as needed to remedy the issue without affecting the remaining provisions of the Agreement.
Acceptance of verbal instructions: You agree that we may act upon any verbal instructions you give us regarding the Services.
Applicable law: The laws of New Zealand govern our Agreement, and both parties agree to the exclusive jurisdiction of the courts of New Zealand.