This policy provides information on the access available to casual subscribers to HeadQuarters (HQ) HQWiFi wireless network, and through it to the Internet and the obligations of users when using the networks. The obligations are based on common courtesies; the responsible use of a community resource and the legally enforceable obligations of users to access these networks. Users should note that penalties may apply for any person who commits an offence under legislation or breaches Company rules and regulations. Penalties can range from termination of service to imprisonment and fines.
The statement is based on the following principles:
The HQ network, including the Internet (WWW) and e-mail, should be used for personal and legal business only;
Users are to comply with all legislation and HQ rules, regulations and policies relating to access and use of the network;
The network is a limited resource and users are to use it in an equitable and fair manner taking account of the rights and needs of others;
Users must act in a courteous and responsible manner in all communications over the network;
The network should not be used to misrepresent or used in a manner which brings HQ into disrepute;
The quality standards applied in traditional communication and publishing should also be applied to on-line communication and publishing;
HQ has the right, and obligation, to monitor access to, and use of, the network to ensure compliance with legislation, national rules, regulations and policies;
The security of the network and integrity of users must be assured;
The integrity, completeness and currency of information and data must be ensured and maintained; and
All HQ users have the responsibility to notify the System Administrator of possible breaches of the conditions documented in this statement.
In this statement the "Intranet" refers to the network within HQ and the "Internet" refers to the external network linking HQ with external people, organisations and data. Both networks include computer and telecommunications equipment and infrastructure used for the carriage of data, images, voice and video, including the use of e-mail and access and use of the World Wide Web information resource.
The network service is provided for users of HQ in undertaking their own personal communications. Use of the Internet is governed by the provisions of theTelecommunications Act 2001.
Users are expected to report suspected breaches of New Zealand laws and HQ regulations, policies and protocols, and any unacceptable behaviour which occurs on the HQ Network or by a person acting in his/her capacity as a member of the HQ Network. Reports should be directed to the Systems Administrator or General Manager and will be treated in a confidential and responsible manner. Reports will be referred to the appropriate authority for investigation or referred to the appropriate external agency.
The network is a shared resource where the actions of one person can impact on the accessibility and reliability of the service for another. Very large documents such as videos and high-resolution images should not be accessed or otherwise transferred over the network unless absolutely necessary. To do so can not only impact on the speed of the network but also increases the cost of the network for HQ. The use of File Sharing Applications or distribution of Copyrighted material which infringes on National and International Law is not acceptable and will be the legal responisbility of the user.
Passwords and Logins
Users are issued with passwords and logins and these are used as the identification code and access method on password-protected systems.
Account passwords may also be required from time to time to access some restricted services. Responsibility and accountability for network security is a shared responsibility of all network users. It is the responsibility of the network account holder to protect his or her passwords and logins and not divulge them to other persons.
Integrity of information and data
Users must not destroy, erase, alter or add to any information on the network unless they are the author/owner/custodian of the information with the right and responsibility to ensure the currency and completeness of the information. To do so is an offence under the Crimes Act 1961.
Users must not impede or prevent access to, or impair the usefulness or effectiveness, of data stored on the network. To do so is an offence under the Crimes Act 1961.
Harassment and defamation
The HQ network must not be used to harass, abuse or otherwise seek to offend other users. To do so is an offence under the Crimes Act 1961.
The HQ network must not be used to access, store or transfer illegal material, such as child pornography. To do so is an offence under the Crimes Act 1961.
Users of the network must respect the rights of copyright owners protected under the Copyright Act 1994 . Users must not copy material on the network or make material available through the network in breach of the Act. As a general guide no more than ten per cent of a copyright item should be copied or stored.
Archiving of electronic records
Users must ensure that records relating to communication from HQ are retained and retrievable. Users have responsibilities under a range of legislation relating to records, information and data:
In using e-mail please remember some elementary rules relating to e-mail etiquette and never:
Wireless Hotspot Usage
Usage of the HQWifi wireless hotspot is entirely at the users own risk.
HQ does not accept any liability for the security or integrity of the data transmitted over its wireless network.
HQ does not guarantee availability of the Wireless hotspot, nor the speed of internet access at any given time.
HQ only provides support for the Wireless hotspot infrastructure, and cannot guarantee compatibility of users equipment or software applications.
It is the users responsibility to check access to the hotspot login page and use our Trial feature before purchasing an access card.
Any attempt to hack or gain unauthorised access will result in legal action being taken against offenders under the Crimes Act 1961.
HQ does not hold nor keep any card details and do not accept any liability connected with the use of Credit or Debit cards, it is the card holders responsible to keep card details secure. Note that all card transactions are encrypted.
Credit/Debit card users should note that transactions will appear on your statements as DPS not HeadQuarters N.D.C. Ltd.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site
Limitation Of Liability
The Web site is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any special or indirect losses whatsoever. We shall not be liable for any indirect or consequential loss (including loss of profits, business or goodwill) arising out of any problem notified to us in relation to the supply of goods or services to you.
Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
HQ has the right to monitor traffic and content and does record traffic on the network and specific network services. It records:
URL's of sites visited, the date and time they are visited and the duration of site visits. Network addresses accessing URL's (including caches) and the URL address are recorded and may be correlated;
HQ respects the rights of users on the network for valid purposes. However, where there is abuse, or suspected abuse, of the network or network services and facilities, HQ reserves the right to inspect individual information and logs contained on our machines and servers, and make whatever correlation is required to investigate such abuse or suspected abuse.
By connecting a private machine to the HQ network a user has acknowledged that they will be bound by the HQ conditions of use of information technology services, including this statement and our standard terms and conditions
HQ Terms and Conditions
1.1 "Consultant" shall mean Headquarters Network Consultancy Ltd its successors and assigns or any person acting on behalf of and with the authority of Headquarters Network Consultancy Ltd.
1.2 "Client" shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 "Goods" shall mean Goods supplied by the Consultant to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Consultant to the Client.
1.5 "Services"shall mean all services supplied by the Consultant to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 "Price" shall mean the cost of the Goods as agreed between the Consultant and the Client subject to clause 3 of this contract.
2.1 Any instructions received by the Consultant from the Client for the supply of Goods and/or the Client's acceptance of Goods supplied by the Consultant shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Consultant.
2.4 The Client undertakes to give the Consultant at least fourteen (14) days notice of any change in the Client's name, address and/or any other change in the Client's details.
3. Price And Payment
3.1 At the Consultant's sole discretion the Price shall be either;
(a) as indicated on invoices provided by the Consultant to the Client in respect of Goods supplied; or
(b) the Consultant's quoted Price (subject to clause 3.2) which shall be binding upon the Consultant provided that the Client shall accept the Consultant's quotation in writing within thirty (30) days.
3.2 The Consultant reserves the right to change the Price in the event of a variation to the Consultant's quotation.
3.3 At the Consultant's sole discretion a deposit may be required.
3.4 At the Consultant's discretion any Services provided to the Client over and above the normal installation of the Goods will be charged to the client at the Consultant's current charge out rate.
3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 At the Consultant's sole discretion;
(a) payment shall be due on delivery of the Goods, or
(b) payment shall be due before delivery of the Goods.
3.7 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the Consultant.
3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
4.1 At the Consultant's sole discretion delivery of the Goods shall take place when;
(a) the Client takes possession of the Goods at the Consultant's address or
(b) the Client takes possession of the Goods at the Client's address(in the event that the Goods are delivered by the Consultant or the Consultant's nominated carrier); or
(c) the Client's nominated carrier takes possession of the Goods inwhich event the carrier shall be deemed to be the Client's agent.
4.2 At the Consultant's sole discretion the costs of delivery are;
(a) in addition to the Price, or
(b) for the Client's account.
4.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Consultant shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 The Consultant may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.6 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 5%, and
(b) the Price shall be adjusted pro rata to the discrepancy.
4.7 The failure of the Consultant to deliver shall not entitle either party to treat this contract as repudiated.
4.8 The Consultant shall not be liable for any loss or damage whatever due to failure by the Consultant to deliver the Goods (or any of them) promptly or at all.
5.1 If the Consultant retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Consultant is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Consultant is sufficient evidence of the Consultant's rights to receive the insurance proceeds without the need for any person dealing with the Consultant to make further enquiries.
6.1 It is the intention of the Consultant and agreed by the Client that ownership of the Goods shall not pass until:
(a) the Client has paid all amounts owing for the particular Goods, and
(b) the Client has met all other obligations due by the Client to the Consultant in respect of all contracts between the Consultant and the Client.
6.2 Receipt by the Consultant of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Consultant's ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) until such time as ownership of the Goods shall pass from the Consultant to the Client the Consultant may give notice in writing to the Client to return the Goods or any of them to the Consultant. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(b) if the Client fails to return the Goods to the Consultant then the Consultant or the Consultant's agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods.
7. Personal Property Securities Act 1999 (PPSA)
7.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods previously supplied by the Consultant to the Client (if any) and all Goods that will be supplied in the future by the Consultant to the Client.
7.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information(such information to be complete, accurate and upÃ‚ÂtoÃ‚Âdate in all respects) which the Consultant may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, the Consultant for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of the Consultant; and
(d) immediately advise the Consultant of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
7.3 The Consultant and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
7.4 The Client waives its rights as a debtor under sections 116, 120(2), 121,125, 126, 127, 129, 131 and 132 of the PPSA.
7.5 Unless otherwise agreed to in writing by the Consultant, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
7.6 The Client shall unconditionally ratify any actions taken by the Consultant under clauses 7.1 to 7.5.
8. Client's Disclaimer
8.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Consultant and the Client acknowledges that the Goods are bought relying solely upon the Client's skill and judgement.
9.1 The Client shall inspect the Goods on delivery and shall within seven (7) days notify the Consultant of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Consultant an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Consultant has agreed in writing that the Client is entitled to reject, the Consultant's liability is limited to either (at the Consultant's discretion) replacing the Goods or repairing the Goods.
10.1 Returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 9.1; and
(b) the Consultant has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Client's cost within seven (7) days of the delivery date; and
(d) the Consultant will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
10.2 The Consultant may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.
11.1 Subject to the conditions of warranty set out in Clause 11.2 the Consultant warrants that if any defect in any workmanship of the Consultant becomes apparent and is reported to the Consultant within three (3) months of the date of delivery (time being of the essence) then the Consultant will either (at the Consultant's sole discretion) repair the defect or remedy the workmanship.
11.2 The conditions applicable to the warranty given by Clause 11.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) Failure on the part of the Client to properly maintain any
(ii) Failure on the part of the Client to follow any instructions or
(iii) Any use of any Goods otherwise than for any application
(iv) The continued use of any Goods after any defect becomes
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Consultant shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Consultant's consent.
(c) In respect of all claims the Consultant shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client's claim.
11.3 For Goods not manufactured by the Consultant, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Consultant shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11.4 In the case of second hand Goods, the Client acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by the Consultant as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Consultant shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
12. Contractual Remedies Act 1979
12.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
13. Consumer Guarantees Act 1993
13.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
14. Intellectual Property
14.1 Where the Consultant has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings shall remain vested in the Consultant, and shall only be used by the Client at the Consultant's discretion.
14.2 The Client warrants that all designs or instructions to the Consultant will not cause the Consultant to infringe any patent, registered design or trademark in the execution of the Client's order. Goods; or guidelines provided by the Consultant; or specified on a quote or order form; or apparent or would have become apparent to a reasonably prudent operator or user; or
15. Default & Consequences Of Default
15.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
15.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Consultant from and against all costs and disbursements incurred by the Consultant in pursuing the debt including legal costs on a solicitor and own client basis and the Consultant's collection agency costs.
15.3 Without prejudice to any other remedies the Consultant may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Consultant may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Consultant will not be liable to the Client for any loss or damage the Client suffers because the Consultant exercised its rights under this clause.
15.4 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
15.5 Without prejudice to the Consultant's other remedies at law the Consultant shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Consultant shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Consultant becomes overdue, or in the Consultant's opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
16. Security And Charge
16.1 Despite anything to the contrary contained herein or any other rights which the Consultant may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Consultant or the Consultant's nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Consultant (or the Consultant's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should the Consultant elect to proceed in any manner in accordance with this clause and/or its subÃ‚Âclauses, the Client and/or Guarantor shall indemnify the Consultant from and against all the Consultan's costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Consultant or the Consultant's nominee as the Client's and/or Guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 16.1.
17.1 The Consultant may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Consultant shall repay to the Client any sums paid in respect of the Price. The Consultant shall not be liable for any loss or damage whatever arising from such cancellation.
17.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Consultant (including, but not limited to, any loss of profits) up to the time of cancellation.
18. Privacy Act 1993
18.1 The Client and the Guarantor/s (if separate to the Client) authorises the Consultant to:
(a) collect, retain and use any information about the Client, for the purpose of assessing the Client's creditworthiness or marketing products and services to the Client; and
(b) to disclose information about the Client, whether collected by the Consultant from the Client directly or obtained by the Consultant from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
18.2 Where the Client is an individual the authorities under (clause 18.1) are authorities or consents for the purposes of the Privacy Act 1993.
18.3 The Client shall have the right to request the Consultant for a copy of the information about the Client retained by the Consultant and the right to request the Consultant to correct any incorrect information about the Client held by the Consultant.
19. Unpaid Consultant's Rights
19.1 Where the Client has left any item with Consultant for repair, modification, exchange or for the Consultant to perform any other Service in relation to the item and Consultant has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Consultant shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while the Consultant is in possession of the item;
(c) a right to sell the item,
19.2 The lien of the Consultant shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.
20.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
20.3 The Consultant shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Consultant of these terms and conditions.
20.4 In the event of any breach of this contract by the Consultant the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Consultant exceed the Price of the Goods.
20.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Consultant.
20.6 The Consultant may license or subÃ‚Âcontract all or any part of its rights and obligations without the Clien's consent.
20.7 The Consultant reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Consultant notifies the Client of such change.
20.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
This statement is based on the following legislation, rules, regulations, policies and guidelines. Penalties apply for breaches of the provisions of many of these documents. Legislation relating to sex, race and disability discrimination apply, and other legislation and rules and regulations may also apply:
Crimes Act 1961
Telecommunications Act 2001
Copyright Act 1994
Privacy Act 1993
Consumer Guarantees Act 1993
Information Act 1982
Copyright Act 1994