Terms & Conditions


1. Prefix

1.1 All Services of IT Ally Limited, whether expense free or not, are supplied subject to the following terms and conditions and:
(a) The procurements of Fragment I might apply to the procurement of all and at all Services.
(b) The procurements of Fragment II might just apply to the provisioning of ISP and Internet Services e.g. (IP travel, Internet Bandwidth, Fibre, ADSL2, VDSL2, UFB, Website Development/ Online Marketing, Software and Application Development)
(c) The procurements of Fragment III might just apply to the procurement of Equipment/equipment on contract.


2. Clarifications

2.1 “Operators” implies IT Ally Limited its inheritors and allots or any individual following up for the benefit of and with the power of IT Ally Limited.
2.2 “Client” implies a distinctive individual/s/lawful corporate asking for the Agent to give the Services as determined in any receipt, proposition, archive or request, and if there is more than one individual requesting the Services is a reference to every individual mutually and severally.
2.3 “Gear s” implies any products/Services (counting, however not restricted to, any printed or virtual material, examples, sites, brands, plans, pictures, promoting, information, illustrations, pictures, copyrights, trademarks, Portals or programming), ventures, representations, pamphlets or assets supplied, connected, formed or set incidentally by the Agent in the grouping of it leading or giving to the User any Services.
2.4 “Administrations” implies any Services gave by the Agent to the User (setting so allows might incorporate any procurement of Equipment or administration) at the User’s appeal now and again.
2.5 “Gear” implies any Equipment including any equipment, gear, gadget, programming, any virtual entryways and/or frill gave on contract by the Agent in the process of it giving to the User any Services.
2.6 “Prohibited Content” implies any substance on any promoting media or organization that:
(an) is, or could sensibly be thought to be, in rupture of the Broadcasting Act 1989 (Cth); the Consumer Guarantees Act 1993 (Cth); or whatever other suitable law or pertinent exchange code; or
(b) contains, or could be considered to include, any misrepresentations; or will be, or could sensibly be thought to be, false or problematic, liable to misdirect or cheat or generally unlawful; or
(c) is, or could sensibly be thought to be, in rupture of any individual’s protected innovation rights.
2.7 “Value” implies the charges/sum payable for the Services as concurred between the Agent and the User as per proviso 5 of this agreement.

3. Distinguishment

3.1 The User is taken to have entirely acknowledged and is promptly bound, together and separately, by these terms and conditions if the User submits a request for, or assents Services gave by the Agent.
3.2 These terms and conditions might just be altered with the Agent’s assent in composing and should win to the degree of any irregularity with some other report or contract between the User and the Agent.
3.3 These terms and conditions may be intended to be perused in mix with the Agent’s SLA terms and conditions. On the off chance that there are any varieties between the two archives then the terms and conditions contained in that should succeed.
3.4 The User recognizes that any guidance or supports are given by the Agent on the premise of the Agent’s organization learning and information just and thusly might not be accepted to be proficient counsel.
3.5 The User acknowledges that it is their obligations to guarantee that the stipulations gave to the Agent (in composing) for the procurement of Services are in sufficient subtle element to fulfil the Agent’s prerequisites of comprehension and elucidation. The Agent might not acknowledge any commitment for the procurement of Services as opposed to the User’s proposition because of deficient procurement of nitty gritty particulars by the User.
3.6 The User might when achievable give to the Agent all data including archives, programming, equipment, and different particulars needed by the Agent for the conveyance of Services.

4. Change of Ownership

4.1 The User should give the Agent at least thirteen (30) days prior composed notice of any future variety of ownership of the User and/or whatever other change in the User’s particulars (counting yet not constrained to, changes in the User’s organization name, individual name, organization or corporate enrolled location, contact telephone or fax numbers, E-sends or corporate activity). The User might be sole responsible for any misfortune endured by the Agent as a result of the User’s inability to satisfy with this condition.

5. Instalments Terms

5.1 At the Agent’s sole discretion the Price might be ever-which way:
(an) as indicated on any bill gave by the Agent to the User; or
(b) the Price as at the date of procurement of the Services as indicated by the Agent’s present value list; or
(c) The Agent’s cited value (subject to provision 5.2) which will be legitimate for the period expressed in the citation or overall for a time of thirty (30) days.
5.2 The Agent claims all authority to change the Price if a variety to the Agent’s citation is asked.
5.3 The Agent claims all authority to change the Price:
(an) if a variety to the Services (counting any Equipment s/Equipment or fitting details) which are to be given is asked for; or
(b) Any supplementary Services are needed because of the discovery of disguised or unidentifiable issues (counting, however not constrained to, any power majeure event or the unattainability of Hardware/Equipment, and so on.) which are just uncovered on procurement of the Services; or
(c) In the occasion of climbs to the Agent in the expense of work or Equipment which are past the Agent’s control (counting, however not constrained to, vacillations in cash discussion rates).
5.4 At the Agent’s singular inclination a non-refundable instalment may be compulsory.
5.5 Time for instalment for the Services being of the centre, the Price will be payable by the User on the date/s proposed by the Agent, which may be:
(an) on conveyance of the Services;
(b) before conveyance of the Services;
(c) by method for halfway instalments as per the Agent’s instalment plan;
(d) whole for acknowledged Users might be expected thirteen (30) days ensuing the end of the month in which an announcement is sent to the User’s location or location for takes note;
(e) the date expressed on any bill or other structure just like the date for instalment; or
(f) Failing any notice to the clashing, the date which is ten (10) days next the date of any receipt set to the User by the Agent.
5.6 Payment may be made by Bank, check, money, electronic bank exchange, Visa, Debit card (in addition to an expansion energize of to 3% of the Price), or by some other strategy as consented to between the User and the Agent.
5.7 If overall indicated the Price does exclude GST. Notwithstanding the Price, the User must pay to the Agent a sum proportional to any GST the Agent must pay for any source by the Agent under this or whatever other contract for giving the Agent’s Services. The User must pay GST, without surmising or set off of some other sums, in the meantime and on the same base as the User pays the Price. Besides, the User must pay whatever other contribution that may be connected notwithstanding the Price however where they are particularly included in the Price.

6. Conveyance of Services

6.1 At the Agent’s sole discretion conveyance of the Services might happen when:
(a) the Services are given to the User at the Agent’s location; or
(b) The Services are given to the User at the User’s picked location.
6.2 At the Agent’s sole tact, any transportation expenses connected with the procurement of the Services are notwithstanding the Price.
6.3 Delivery of the Services to an outsider selected by the User is thought to be procurement to the User for the reasons of this agreement.
6.4 The Agent may give the Services by partitioned portions. Every different portion might be invoiced and paid for as per the procurements in these terms and conditions.
6.5 Any time expressed by the Agent for conveyance of the Services is an assessment just and the Agent won’t be in charge of any misfortune or harm endured by the User as a consequence generally conveyance of the Services.
Despite the fact that both sides concur that they might endeavour to empower the Services to be given at the time and place as was chosen both sides. In case the Agent is inadequate to give the Services as concurred solely because of any activity or deferral of the User then the Agent should be permitted to charge an impartial expense for re-procurement the Services at a future time and date.

7. Probability of Risk

7.1 Regardless If the Agent holds responsibility for Equipment s all danger for such things might go to the User when such things are given to the User and should proceed with the User till such time as the Agent may recover the Equipment s in contract with statement 8.3(f). The User must reimburse all gear at the very latest procurement.
7.2 The Agent maintains its authority to seek after repayment or harms for any misfortune or pulverization endured in connection to the hardware as an aftereffect of the User’s inability to safeguard in contract with proviso 7.1.
7.3 If the User asks for the Agent to leave any gear outside the Agent’s areas for gathering or to give the any hardware to an unattended place then such questions should be left at the User’s sole danger.
7.4 The Agent should not be held at risk for any misfortune, debasement, or erasure of documents or information (counting, however not restricted to programming projects). It is the sole obligation of the User to keep up a complete and present move down of any information which they accept to be essential, significant or indispensable at an area which is not connected with the Agent or any of its backups. The User acknowledges full obligation regarding the User’s product and information and the Agent is not needed to inform or remind the User with respect to suitable go down strategies.

8. Title

8.1 The Agent and the User choose that where it is recommended that the ownership of hardware is to go to the User that such proprietorship should not allow until:
(a) The User has paid the Agent all entireties owing for the Services; and
(b) The User has met all different prerequisites due by the User to the Agent in appreciation of all agreement between the Agent and the User.
8.2 Receipt by the Agent of any manifestation of instalment other than money might not be thought to be instalment until that type of instalment has been favoured, cleared or natural and until then the Agent’s possession or rights in admiration of the hardware should proceed.
8.3 It is further concurred that:
(a) The User is taking the ownership of hardware on bailment premise and must give back the gear to the Agent promptly upon solicitation by the Agent;
(b) The User holds the point of interest of the User’s protection of the Equipment on trust for the Agent and must pay to the Agent the returns of any spread in the occasion of the gear being vanished, broken or obliterated;
(c) The User should not offer, arrange, or overall part with responsibility for hardware. On the off chance that the User exchanges, arranges or parts with ownership of the Equipment s then the User must hold the returns of offer of the Equipment on trust for the Agent and must pay or send the returns to the Agent on appeal.
(d) the User ought not change or methodology the gear or blend them with other stuff, however in the event that the User does as such then the User holds the subsequent hardware on trust for the profit of the Agent and must discard or return the subsequent hardware to the Agent as the Agent so coordinates.
(e) the User might not charge or award an encumbrance over the hardware nor stipend or else dole out any enthusiasm for the Equipment s while they remain the property of the Agent;
(f) The User forever approves the Agent to enter any premises where the Agent accepts the gears are kept and recoup control of the Equipment.

9. Individual Property Securities Act 1999 (“PPSA”)

9.1 Upon consenting to these terms and conditions in composing the User recognizes and concurs that:
(a) these terms and conditions constitute a security contract for the reasons of the PPSA; and
(b) a security investment is taken in all Equipment s/Equipment once in the past supplied by the Agent to the User (if any) and all Equipment s/Equipment that will be given later on by the Agent to the User.
9.2 The User attempts to:
(a) sign any further records and/or give any additional data (such data to be finished, precise and exceptional in all regards) which the Agent might sensibly require to enlist a financing articulation or financing change proclamation on the Personal Property Securities Register;
(b) reimburse, and upon interest repay, the Agent for all costs caused in enlisting a financing proclamation or financing charge articulation on the Personal Property Securities Register or discharging any Equipment s charged along these lines;
(c) Not enrol a financing change explanation or a change request without the former composed assent of the Agent.
9.3 The Agent and the User concur that nothing in segments 114(1)(a), 133 and 134 of the PPSA should apply to these terms and conditions.
9.4 The User waives its rights as an indebted person under segments 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
9.5 Unless overall consented to in composing by the Agent, the User waives its entitlement to get a confirmation explanation as per segment 148 of the PPSA.
9.6 The User should genuinely endorse any moves made by the Agent under Section 9.1 to 9.5

10. Protection

10.1 In appreciation of the Agent consenting to supply Services, the User charges every last bit of its rights, title and premium (whether joint or a few) in any area, realty or different resources fit for being charged, kept by the User whichever now or later on, to safe the execution by the User of its obligations under these terms and conditions (counting, however not constrained to, the instalments of any cash).
10.2 The User protects the Agent from and against all the Agent’s expenses and distributions including legitimate expenses on a specialist and own User premise caused in practicing the Agent’s rights under this proviso.
10.3 The User unavoidably delegates the Agent and every executive of the Agent as the User’s actual and legitimate lawyer/s to perform all vital demonstrations to offer impact to the procurement of this proviso 10 including, yet not constrained to, marking any report for the User’s sake.

11. Client’s Disclaimer

11.1 The User therefore repudiates any privilege to withdraw, or cross out any agreement with the Agent or to sue for harms or to case compensation emerging out of any unexpected misrepresentation made to the User by the Agent and the User recognizes that the Services are purchased depending singularly upon the User’s expertise and judgment.

12. Faults, Errors and Omissions

12.1 The User must audit the Agent’s Services upon procurement and must inside five (5) days advise the Agent in composing of any conspicuous blame in the Services (counting the Agent’s workmanship), or of whatever other disappointment by the Agent to agree to the depiction of, or quote for, the Services which the Agent was to give. Upon such declaration the User must permit the Agent to examination the Services that were given. On the off chance that the User might neglect to follow these procurements, the administrations shall be free from any flaw or lapse. For flawed Services, which the Agent has chosen in composing that the User is allowed to reject, the Agent’s obligation is restricted to either (at the Agent’s will) changing or adjusting the Services, or settling the Equipment s/Equipment.

13. Hardware Settlement

13.1 The Agent might, at their sole inclination, acknowledge the reappearance of Equipment s, and just gave that:
(a) the User has satisfied with the procurements of statement 12.1; and
(b) the Agent has concurred in composing to acknowledge the reappearance of the gear; and
(c) the gear are returned at the User’s expense inside ten (10) days of the conveyance date; and
(d) the Agent won’t be subject for gear which have not been put away or utilized as a part of a fitting way; and
(e) the gear are returned in the condition in which they were conveyed and with all pressing material, records and guideline in as new structure as is sensibly conceivable in the circumstances.
13.2 The Agent might (in its circumspection) acknowledge the reappearance of gear for credit yet this may acquire a taking care of expense of eleven percent (11%) of the estimation of the returned hardware in addition to any transportation.
13.3 No Stock under control things or gear procurement to the User’s details are under no conditions satisfactory for credit or return.

14. Guarantee

14.1 Matter to the states of guarantee set out in provision 14.2 the Agent allows that if any shortcoming in any work done by the Agent gets to be plausible and is educated to the Agent inside three (3) months of the date of procurement (time being of the centre) then the Agent will whichever (at the Agent’s sole attentiveness) swap or cure the predetermined administration/errand/gear.
14.2 The conditions substantial to the guarantee concurred by proviso 14.1 are:
(a) the guarantee might not shield any shortcoming or harm which may be brought about or part of the way created by or emerge through:
(i) disappointment from the User to give proper consideration; or
(ii) disappointment from the User to take after any bearings or techniques gave by the Agent; or
(iii) any utilization other than for any application expressed on a quote or request structure; or
(iv) persevering use after any deficiency gets to be evident or would have gotten to be obvious to a sensibly watchful administrator or client; or
(v) Reasonable wear and tear, any mishap or demonstration of God.
(b) The guarantee should stop and the Agent might thereafter in no conditions be responsible under the terms of the guarantee if the workmanship is repaired, changed or updated without the Agent’s assent.
(c) In admiration of all rights the Agent should not be responsible to repay the User for any suspension in either swapping or helping the craftsmanship or in appropriately measuring the User’s case.
14.3 For gear not made by the Agent, the guarantee might be the present guarantee gave by the maker of the hardware, the appropriate states of which may be contained on the “Guarantee Card” that will be given the hardware. The Agent should not be ensured by nor be in charge of any term, state, representation or guarantee other than that which is given by the producer of the Equipment s.
14.4 For the situation of second-hand hardware, the User perceives that he has had full chance to analyse the same and that he acknowledges the same with all flaws and that no guarantee is given by the Agent as to the quality or suitability for any reason and any aberrant guarantee, lawful or generally, is especially prohibited. The Agent should not be subject for any misfortune or obliteration to the Equipment s, or created by the hardware, or any part thereof however emerging.

15. User Guarantees Act 1993

15.1 If the User is getting Services for the reasons of a calling or business, the User recognizes that the procurements of the Consumer Guarantees Act 1993 don’t matter to the supply of Services by the Agent to the User.

16. Intellectual Property

16.1 Where the Agent has considered, drawn or built hardware for the User, then the copyright in any Equipment s might remain the property of the Agent.
16.2 The User warrants that all arrangements, particulars or headings given to the Agent won’t influence the Agent to attack any show, patent, enrolled outline, rights or trademark in the execution of the User’s request and the User chooses to cover the Agent against any demonstration taken by an outsider in inconsistency of the Agent in appreciation of any such infringement.
16.3 Where the Agent has planned and/or giving Accounting programming/entries/ site rights and documentation, the Agent holds ownership of the product and affirmation, yet allows the User a non-constrained and non-transportable approval for its utilization (exclusively in connection to the methodology of the User’s own particular business). The User consents to utilize any outsider programming supplied by the Agent and perceived all things considered, immovably in consistence with the terms of the permit under which it is given.
16.4 The User further concurs that they should not:
(an) utilization in any capacity, or depend on the product for any reason other than what it was expected or is suitable for;
(b) incorporating the product with some other programming;
(c) duplicate, copy, , contrast, consolidation, decipher ,modify, or make any imitative work in view of the product;
(d) de-accumulate, fix, re-design or else attempt to take in the source code of the product/entryway/bookkeeping programming, or aid an alternate gathering to deliver duplicate;
(e) exchange, business, system, handover, occupancy, authentication, sub-permit, lease, credit, or overall issue, the product in any capacity at all;
(f) Utilize the product to perpetrate a wrongdoing (counting, yet not restricted to, and sending garbage) and the User chooses to guarantee the Agent against any move made by an outsider in disagreement of the Agent in admiration of any such rupture.
16.5 If amid the succession of giving the Services, the Agent changes, finds, or puts into operation another thought, gear or methodology which is equipped for being licensed, then such idea, hardware or procedure should be and proceed with the property of the Agent and the User might not utilize or source the same as a part of any route at all without first acquiring the composed support of the Agent.
16.6 Where the Agent has arranged hardware for the User use, then the User initiates to recognize the Agent’s proficient belonging in those gears in case pictures of that Equipment are used in publicizing then again advertising stuff by the User. Further the User concurs that the Agent itself may utilize pictures of any Equipment so intended for the reasons of promoting, advertising, or section into any rivalry.

17. Seclusion

17.1 Both sides concur that, unless they have the prior composed contract of the other, they won’t utilize or discharge to any outsider (other than with the end goal of execution of this agreement) the terms and states of this agreement or any data secret to the next gathering. The commitments of this provision 17 should survive end or dropping of this agreement.
17.2 The User consents to secure all authorisation subtle elements, including yet not restricted to usernames and passwords and concurs that those points of interest might not be composed or put away in any way which could bring about their unapproved revelation.
17.3 In the occasion that the Agent asks for the User to change any secret word or identifier as a feature of its Services, the User recognizes that the Agent prescribes that the User not utilize generally referred to points of interest, for example, birthdays as well as names.

18. Due Payment and Penalties

18.1 Interest on late instalment shall multiply every day from the date when instalment gets to be unpaid, until the date of instalment, at a rate of three and a half per cent (3.5%) every logbook month (and at the Agent’s sole will such investment might compound month to month at such a rate) after and additionally before any choice.
18.2 If the User owes the Agent any cash/receipt instalment/charges the User should safeguard the Agent from and against all expenses and instalments acquired by the Agent in recouping the obligation (counting however not constrained to internal administration charges, lawful expenses on an attorney and own User premise, the Agent’s accumulation organization expenses, and bank shame charges).
18.3 Deprived of prejudgment to whatever other cures the Agent may have, if whenever the User is in break of any obligation (counting those including to instalment) under these terms and conditions the Agent might briefly suspend or end the supply of Services to the User. The Agent won’t be responsible to the User for any misfortune or devastation the User endures in light of the fact that the Agent has connected its rights under this statement.
18.4 Devoid of prejudgment to the Agent’s different cures at law the Agent might be allowed to stop all or any piece of any request of the User which stays unfulfilled and all sums owing to the Agent should, whether due for instalment, get to be specifically payable if:
(an) any cash because of the Agent gets to be late, or in the Agent’s estimation the User will be inadequate to make an instalment when it falls due;
(b) the User end up being bankrupt, amasses a meeting with its lenders or proposes or goes into a plan with leasers, or makes an undertaking for the profit of its loan bosses; or
(c) A beneficiary, administrator, regulator (temporary or overall) or comparative individual is picked in appreciation of the User or any advantage of the User.

19. Cancellation

19.1 The Agent may end any agreement to which these terms and conditions relate or cross out procurement of Services whenever before the Services are given by giving composed declaration to the User. On giving such recognize the Agent might repay to the User any cash paid by the User for the Services. The Agent might not be responsible for any misfortune or harm at all emerging from such end.
19.2 In the event that the User withdraws procurement of the Services the User might be in charge of all misfortune endured (whether immediate or roundabout) by the Agent as a direct outcome of the end (counting, however not restricted to, any loss of salaries).

20. Confidentiality Act 1993

20.1 The User sanctions the Agent or his specialists to:
(an) entrance, gather, hold and utilize any confirmation about the User;
(i) (counting any unpaid fines offset data kept by the Ministry of Justice) for the determination of surveying the User’s dissolvability; or
(ii) With the end goal of publicizing gear and administrations to the User.
(b) Uncover data about the User, whether gathered by the Agent from the User specifically or picked up by the Agent from some other establishment, to whatever other credit supplier or any credit reporting office for the reasons of giving or increasing a credit reference, obligation gathering or advising a default by the User.
20.2 Where the User is an individual the forces that are under provision 20.1 are powers or understandings for the reasons of the Privacy Act 1993.
20.3 The User might have the privilege to demand the Agent for a duplicate of the confirmation about the User held by the Agent and the privilege to demand the Agent to redress any wrong material about the User held by the Agent.

21. Unpaid Seller’s Rights

21.1 Where the User has left anything with the Agent for reparation, modification, trade or for the Agent to perform some other administration in respect to the thing and the Agent has not got or been tendered the entire of any cash owing to it by the User, the Agent should have, until all funds because of the Agent are paid:
(an) a lien on the thing; and
(b) The privilege to safeguard or offer the thing, such deal to be initiated as per any regulation pertinent to the deal or evacuation of uncollected merchandise.
21.2 The lien of the Agent should stay notwithstanding the initiation of transactions, or choice for any funds owing to the Agent having been gotten against the User.

22. General

22.1 The disappointment by the Agent to implement any procurement of these terms and conditions should not be dealt with as a waiver of that procurement, nor might it influence the Agent’s entitlement to subsequently apply that procurement. On the off chance that any procurement of these terms and conditions should be invalid and void, unlawful or unenforceable the authenticity, vicinity, legitimacy and enforceability of the remaining procurements might not be influenced, narrow minded or diminished.
22.2 These terms and conditions and any agreement to which they apply might be managed by the laws of New Zealand and are liable to the power of the courts of Auckland.
22.3 The Agent might be under no commitment at all to the User for any roundabout and/or critical misfortune and/or cost (counting loss of benefit) lamented by the User emerging out of a break by the Agent of these terms and conditions (overall the Agent’s obligation should be constrained to harms which under no conditions should surpass the Price of the Services).
22.4 The User might not be qualified for set off against, or deduct from the Price, any aggregates owed or asserted neither to be owed to the User by the Agent nor to decline instalment of any receipt in light of the fact that piece of that receipt is in question.
22.5 The Agent may permit or sub-get all or any part of its rights and commitments without the User’s understanding.
22.6 The User concurs that the Agent may change these terms and conditions whenever. In the event that the Agent rolls out an improvement to these terms and conditions, then that change will produce results from the date on which the Agent tells the User of such change. The User will be taken to have recognized such changes if the User makes an extra demand for the Agent to give Services to the User.
22.7 Not any gathering might be liable for any default because of any demonstration of extreme force, terrorism activity, God, fight, strike, lock-out, assembling activity, flame, surge, storm or other occasion past the sensible control of either gathering.
22.8 The User allows that it has the ability to go into this agreement and has increased all vital supports to permit it to do as such, it is not indebted and that this agreement makes tying and substantial lawful duties on it.

Fragment II: Internet Services/ Web Development/ Software Development/Portals/ Hosting/ VPS/ Clouds Services

23. Cancellation of Services

23.1 The User is compulsory to pay month to month charges for the on-going Services gave by the Agent, which should be stipulated and due and due according to the User’s citation. The Services should be given by the Agent to the User for the term determined, endless supply of this term, will proceed on a month to month premise, unless finished by method for the User giving the Agent notice through email on the Agent’s online entryway. Taking after receipt of notice from the User, the procurement of the Services should stop toward the end of the then present month to month charging period.
23.2 If the User wishes to stop the Services amid the term stipulated, the User must pay to the Agent the exceptional charges which would some way or another have been payable to the Agent amid the stipulated term.

24. Agent’s Liabilities

24.1 In the meantime as the Agent should try to affirm ceaseless and continuous administrations, and the administrations are mistake free and available to however many web clients as could be expected under the circumstances, the Agent might take no commitment for the accessibility, convenience, consistency, execution or consistent quality of any Services gave by the Agent to the User, and should be under no commitment at all to the User for harms coming about because of, or in connection to, any downtime or disturbance to the Services or any disappointment or suspension of the Agent to give the Services under this agreement. Such downtime, interruption to the Services, or a disappointment or postponement might not make a default under this agreement.
24.2 The User perceives that:
(a) where the User trusts on any watched gadget, (for example, checked alerts, surgeon alarms, and so on.), or for some other watching administrations, (for example, fax, typos machines, and so on.), the Agent can’t promise the operation of any observed/phone administrations; and/or
(b) the Agent does not ensure access to crisis 111 call administrations; and
(c) the Agent should not capable to the User for any misfortune or demolition languished or over any expenses, costs or charges experienced emerging from any inadequacy to get to crisis call administrations, or the non-operation of observed administrations, and it is proposed that the User guarantee that option plans are made (if needed).

25. Network and Piracy law

25.1 Where the User is discovered to be either abusing the system means, (for example, great utilization of activity on a reasonable utilization arrangement, attempting to debilitate the steadiness of the system, or attempting to get access to any of the Agent’s system hardware), purposefully misapplying the framework and/or endeavouring to undermine the security or dependability of the gear should either (subject on the seriousness of the infringement):
(a) quickly be issued a composed notice; or
(b) Be prohibited from utilizing the system by method for the end by the Agent of the User’s record.
25.2 The Agent might be the sole arbiter in respect to what constitutes a serious infringement of proviso 25.1.

26. Prohibited Content

26.1 The User will guarantee that the Services gave by the Agent are utilized for legitimate purposes just. The taking care of, capacity or issuing of any Banned Content should bring about the quick end of the User’s record and evacuation of all kept information.
26.2 The Agent might be the sole mediator with reference to what constitutes an infringement of provision 26.1

27. Restricted Internet Data Sharing

27.1 Banned record offering or utilization of any robotized document conveyance gear is illegal on all Services gave by the Agent.
27.2 Lawful record offering is permitted on the Services gave by the Agent, however intemperate information utilization on any unmetered arrangements will bring about the Agent issuing a composed cautioning to the User.


28. Hardware Rental

28.1 Equipment might at all times remain the property of the Agent and is returnable on interest by the Agent. On the off chance that Equipment is not came back to the Agent in the condition in which it was conveyed the Agent holds the privilege to charge the User the full cost of altering the Equipment. In case Equipment is not returned at all the Agent should have right to charge the User the full cost of supplanting the Equipment.
28.2 The User might;
(a) Keep the Equipment in their own possession and control and should not allocate the profit of the Equipment nor be allowed to a lien over the Equipment.
(b) Not change or make any augmentations to the Equipment including however without limit adjusting, make any increments to, mutilating or eradicating any perceiving stamp, plate or number on or in the Equipment or in whatever other way meddle with the Equipment.
(c) Keep the Equipment, complete with all parts and adornments, clean and in great request as conveyed, and might follow any upkeep plan as prompted by the Agent to the User.
28.3 The User acknowledges full commitment for the security of the Equipment and the User consents to safeguard, or self-guarantee, the Agent’s enthusiasm for the Equipment and consents to protect the Agent against physical misfortune or decimation including, however not restricted to, the perils of mishap, burglary, flame, and theft and all other typical dangers and will impact palatable Public Liability Insurance covering any misfortune, harm or damage to property or persons emerging out of the utilization of the Equipment. Furthermore, the User won’t utilize the Equipment and won’t allow it to be utilized as a part of the path as would allow a dealer to deny any case.

These terms and conditions effects after June 2019 for old T&C click here (Before June 2019)


1.1 Term of Payments:

IT Ally Limited invoice one-month charges in advance. A previous-month charge may look as on your bill if you are a new or existing fixed line (phone) and the broadband customer who has changed plans during their billing cycle or new signup with IT Ally. When you do this, the date you changed your services may not be the same as your billing date. We want to make it easy for you to understand why your bill may be a little different than expected. The Customer shall pay the Rental/Lease/Service Charges until the termination of the signed Agreement.

Example: You are a new customer

If you have signed up to a new IT Ally account, your first bill will be a little more than your usual monthly charge. This is because we charge you from the day your plan connects to the day of your assigned billing date (part month charge) + a month in advance. If you have signed up to a $99.99 IT Ally phone and Broadband package on 8th September. Your plan will connect on 8th September but your assigned billing date is not until the 1st of October. You will receive a partial month charge for 22 days (8th- 30th September) You will also receive a full charge of $99.99 for the following month (1st October – 31st October), this is because we charge you for a month in advance. There may also be additional charges for any installation or connection costs

1.2 Invoices:

Customer invoices automatically generate and send electronically between 3rd to 10th of the month by email. All invoices charge via direct debit between 18th to 20th of the same month. IT Ally absolutely do not guarantee of 100% delivery of all the invoices to customer’s email due to unexpected factor where customer Inbox is full, delivery to the Spam or Junk box or vice versa. Customer must request a manual invoice in case If fail to receive invoice before 10th of the same month.

1.3 Mode of Payment:

All payments due under the Agreement shall be paid through Direct Debit Authority form signed and agreed by Customer prior to the due date. In case where the customer signed Direct Debit authority with IT Ally and later deliberately cancel prior the expiry date of signed Services and Equipment Lease Agreement will be considered as a breach of IT Ally Services and Equipment Lease Agreement.

Failed to pay the invoices on time either manual or decline of Direct Debit due to whatsoever reason will result suspension of complete or partial services provided by IT Ally and immediately recoverable all the outstanding charges including overdue or any other charges in the shape of handling, installation, equipment rental, legal fee, provisioning of third-party contract fee paid by IT Ally on behalf of customer.



2.1 Ownership:

The Customer acknowledges that all the IT Ally supplied Equipment are lease to own and is, at all times remains, the IT Ally’s sole property and the Customer shall have no right to claim the Equipment or any rights in or to the Equipment until the expiry of the signed Services and Equipment Lease Agreement.

2.2 Own Judgement:

The Customer acknowledges and confirms that it has acted solely on its own judgement in taking the Equipment/Services under the Services and Equipment Lease Agreement and has not relied on any representation about the Services and Equipment by or on behalf of the Company, including as to its suitability for any particular use.

2.3 Condition: The Customer acknowledges and agrees that it inspected the Equipment before entering into the Services and Equipment Lease Agreement and received the Equipment in proper working order and condition.

2.4 Continued Performance: The Customer agrees that it will

continue to perform its obligations under the Services and Equipment Lease Agreement notwithstanding any seizure, failure or

breakdown of, or incapacity or damage to, the Equipment or any accident caused by the Equipment.

2.5 Equipment Installations

Installations of any IT Ally provided equipment on either buy outright, Lease or rental basis would cover the first month free maintenance and not liable to provided on-going maintenance of equipment unless otherwise written agreed in the signed Services and Equipment Lease Agreement.



3.1 Installation Duration

Installation will only begin once agreed and signed Services and Equipment Lease Agreement and Direct Debit Authority form. Only the IT Ally and its service agents/Installers shall be permitted to carry out any installation or removal of the IT Ally provided Equipment which shall be completed as per the signed Services and Equipment Lease Agreement. Regardless any type of network connection, first time installation takes 30 business days estimated time. A new Fiber install time is 30 business days estimated duration, however, due to certain complications during the first-time install can take between 30 business days to few months and IT Ally does not guarantee the install time in any given period of time. The Standard installation takes 3 to 5 business days to switch from your current provider to IT Ally Limited.

3.2 Additional Installation

As per the agreement, IT Ally is liable to cover standard broadband and telephone installation charges only, any additional chorus installation will be charged as per chorus quote provided at the time of installations. It is acknowledged and understood by the customer that IT Ally Limited is not liable to cover any additional chorus installation charges which may occur due to extra distance from the external termination point (ETP) to customer’s premises. In the most cases, the distance from the external termination point (ETP) to the customer premises is within the 200 meters which most ISP’s including IT Ally limited covers under the standard installation agreement. In the event where the customer has distance more than 200 meters from the external termination point (ETP), would likely to contribute the additional charges.

Chorus standard installation service includes:

  • Connecting your property to the fiber network in your street via existing infrastructure using one of these options; aerial cable, surface-mounted cable or buried cable by way of existing conduit, soft trenching, slot trenching or hard trenching
  • Reinstating any surfaces that have been disturbed during the installation
  • Installing the external termination point (ETP) on the exterior of the property
  • Installing the optical network terminal (ONT) inside the property
  • Connecting broadband modem
  • Testing to make sure everything is working

We consider a standard installation to be a maximum of 200 meters between your boundary and our ETP on your property. If the distance from your boundary to Chorus ETP is more than 200 meters you may need to contribute to the cost of installation. We’ll agree this contribution with you before we begin any work at your place. Please also note that IT Ally does not cover these costs:

  • Any alternative installation from the road to the property that is not listed above points.
  • Electrical work to add additional power plugs
  • Moving the ETP or ONT after it has been installed

Unless otherwise agreed, the standard connection fee of $179+GST applies to all broadband and phone connections and will be applied to your account unless agreed to waive on certain terms. If additional wiring is required at the exchange by a Chorus Technician an additional wiring fee of $290+GST may apply.

3.3 Service Commencement Date

The service commencement date is the day when services aiming to move from your current provider to IT Ally and it is always different to the signed agreement date. It is evidently understood by customer that the signed agreement date does not mean the service commencement date. The Agreement will only start once services and equipment provisioned in complete or partial.



4.1 Warranties & Guarantees

IT Ally do not provide any precise performance assurance or Service Level Agreement (SLA) under this agreement, unless otherwise signed an independent Service Level Agreement (SLA) by both parties in written and signed with all the clauses prior to signing this agreement. However, IT Ally is always dedicated to provide consistent and reliable Service but there could be number of aspects that may affect the reliability of our Services; therefore, IT Ally does not take 100% uptime guarantee of any IT Ally provided services, speed & bandwidth and latency (delay) and Equipment. As an ISP, we may occasionally go down, you should take this into account when choosing this product and services and discuss with your Sales consultant at the time of signing of this agreement and we suggest letting your sales consultant know that what you will want to use it for. We unequivocally can’t guarantee of how quickly we can arrange for the resolution of any problems with the provisioning, outage or any other issue related to any of IT Ally provided services as per this agreement.

4.2 Third party infrastructure and services

Th Broadband Services are delivered to you using our channel partner’s infrastructure and Network and IT Ally has no 100% absolute control over the accuracy, competences, suitability, quality of the equipment and services provided under this agreement. You must insure your all the inquiries with the relevant third-party supplier directly before relying on any information provided by IT Ally prior to enter into an agreement or transaction in relation to third party products and services supplied by IT Ally. Contrarily, IT Ally does not guarantee for any of the third-party equipment and service linked to IT Ally provided services or equipment will be completely hassle free for any given period of time. Nothing in this term affects your rights under the Consumer Guarantees Act 1993 and the Fair-Trading Act 1986 where services are acquired for personal, domestic or household use or consumption





4.3 Speed

Broadband is not available in all the areas and broadband speeds do vary from location to locations. Internet Speed varies based upon certain factors which impact the speed including how close your premises is from the exchange or ETP, your PC modem card speed, wiring, WiFi coverage, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of 3rd parties that we use to provide the service to you. If your average broadband speed is low (approximately one megabit per second or less) we do not recommend you purchase a plan with a monthly data allowance of more than 150 gigabytes. UFB Fibre provisioned in many different capacities and has very different speed depending on the policy you signed with us. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch will have a Fibre service with the ability to deliver speeds up to 100mbps downstream and 100mbps upstream. The rest of NZ will have a serviceable to deliver up to 1000Mbps downstream and 500Mbps upstream

4.4 Support

The network stability and performance of your Broadband can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies. Occasionally network outages do occur but when it occurs, we do record a message about the fault which you can reach us on 0800 482 559 / 096660101 and by pressing option 4. There is no charge for fixing such faults during our normal business hours except where you, or anyone is responsible for, causing the fault or if the fault lies within your own equipment (e.g. your computer, power sockets, switch etc.). If we arrange for a service technician to visit your premises and our technician finds no issue with the network, it would be considered as no “fault found” which will be charged as “No fault found fee” upon pre-agreed condition and chargeable as one-off labour charges fee. If you are still having problems with your IT Ally Provided Services, call us on 0800 482 559.   All standard IT Ally terms and conditions can be found on IT Ally website. (https://www.it-ally.co.nz/terms-conditions/) A reactivation fee of $295 will be applied to your IT Ally Limited account to unbar suspended services. All services re-assigned to IT Ally Limited are in contract for the duration of the term specified on this form



5.1 Early Termination Charges & Payment:

It is to be understood that the following contract is a fixed term monthly agreement between service provider “IT Ally Limited” and the service holder as per the signed Customer agreement page on Clause 8.1. By signing of this agreement, Customer must be bound to hold the above described services and fulfill his obligations up to the duration specified at the Clause 8.1. By disconnecting or moving of services before the agreed period specified on Clause 8.1 by any means would result an immediate termination charges calculate as per fixed monthly charges multiply by X number of remaining months.

In the event where deliberately terminated the services and breached signed Services and Equipment Lease Agreement, the Customer must pay to the Company, all outstanding charges including equipment and other moneys due and payable by the Customer; and an amount equal to all remaining signed Services and Equipment Lease Agreement payments for the balance of the Minimum contract Term (if terminated prior to the expiry of the Minimum Rental Term). Furthermore, IT Ally must charge 20% per annum interest rate from the due date (or date of demand) until the payment is made to the Company calculated on a daily basis. The interest rate is chargeable on any overdue payment, legal fee to the lawyer or any amount spent to recover the loss and money spent for the recovery of any overdue amount held by the customer in any shape of equipment, rental, overdue invoice or contract fee paid to a third-party contractor on customer behalf.



6.1 Service Provider’s Liability

If the Company breaches any of its obligations to the Customer under a Services and Equipment Lease Agreement, the Company’s liability to that Customer shall be limited to the greater of either the costs of replacing the Equipment in respect of which the obligation has been breached with product of equivalent specification or the total Rental for that Equipment paid by the Customer.

6.2 Service Provider’s Liability to a Third-Party

The Company in no case shall be liable for any consequential losses of any kind suffered by the Customer and this provision applies notwithstanding of the Contractual Remedies Act 1979.




7.1 Calling Charges

All eligible calls are standard local, national, landline to cellular and International calls and are charged in per minute blocks. For any rates not specified on this rate-card can be charged at the rate of standard IT Ally call rates listed on IT Ally website or can be found by reaching us on 0800 482 559/ 096660101

7.2 Toll-Free Service

A Toll-free number (0800, 0500, 0508 etc.) is an inbound calling service which is billed for all inbound calls. If your Package includes any Toll-Free service then IT Ally must clearly mention Toll-Free Service rate separately

7.3 Overpayments: Where, at the date the Agreement terminates, a credit is due to the Customer through the Customer having overpaid any amount due under the Agreement, the Company may deduct a processing fee before refunding that credit to the Customer.

7.4 Order of Payments: The Company may choose to waive Standard broadband installations, One-off Porting fee, Equipment setup Fee or any other payment of any amount due under the Agreement but this shall not waive or prejudice the powers the Company has in respect of that payment or any remaining or future payment. The Company may determine the order and priority in which any payments are applied. Generally, the Company will apply them in the following order (but the Company may alter this without notifying the Customer):

(a) Any overdue amount;

(b) Any fees and/or charges;

(c) Any payment due under the Agreement; and

(d) Any other amounts owing to the Company

7.5 Default Interest: If the Customer fails to pay any amount to the Company due under the Agreement on the due date or on demand in accordance with the Agreement, interest will accrue on such amounts at the rate of 20% per annum from the due date (or date of demand) until payment is made to the Company calculated on a daily basis.

7.6 Warranties: The Customer and Guarantor each represent and warrant to the Company that:

(a) The Agreement is validly entered into, constitutes legal, valid and binding obligations of it and is enforceable in accordance with its terms; and

(b) All the documents and information given to the Company by it (including Company’s legal information, ID, Address or financial condition etc) are true and fairly represent its position.

7.7 Covenants: The Customer and each Guarantor each covenant that:

(a) It will not change its name without first providing the Company with at least 14 Working Days’ notice of its new name; and

(b) It will notify the Company immediately of any change in its address.

7.8 Customer May Not Assign: The Customer may not assign or transfer all or any of its rights, benefits and obligations under the Agreement without the prior written consent of the Company (in its sole discretion).

7.9 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Zealand.

7.10 Partial Invalidity: If at any time any provision of this Agreement becomes illegal, invalid or unenforceable in any respect then that provision shall be severed from this Agreement and the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected or impaired in any way.

7.11 Survival of covenants: All covenants, agreements and indemnities on the part of the Customer in the Agreement, including (without limitation) the provisions of these Standard Terms, shall remain in full force and effect after the termination of the Agreement and shall not be or be deemed to be waived, merged or extinguished on such termination. The covenants, agreements and indemnities shall only be discharged when

all amounts owing under the Agreement have been paid in full.

7.12 Entire Agreement: This Agreement sets out all the terms on which the Customer has agreed to enter into this Agreement. Nothing the Company or any other person has advised (either orally or in writing) contradicts these terms. The Customer acknowledges that any variation to

the Agreement must be approved by the Company in


7.13 Joint and Several Obligations: Where the Customer and/ or the Guarantor shall consist of more than one person, the obligations of the Customer and/or the Guarantor, as the case may be, under this Agreement shall be joint and several.

7.14 Reinstatement: If any payment to the Company under an Agreement is avoided by law, the Customer’s obligation to make such payment will be deemed not to have been affected or discharged.

7.15 Guarantee: In consideration of the Company at the request of the Guarantor entering into this Agreement, the Guarantor hereby unconditionally and irrevocably guarantees to the Company the due and punctual payment by the Customer of all moneys payable by the

Customer to the Company under this Agreement and the due and punctual performance by the Customer of its obligations under this Agreement.

7.16 Ongoing Guarantee: The guarantee in clause 4.1 is an ongoing guarantee and will remain in full force and effect until a release of the Guarantee has been signed by the Company and delivered to the Guarantor. The Guarantor’s liability under clause 4.1 shall not be affected by the liquidation of any party, any indulgence by the Company to the Customer, the non-exercise by the Company of any rights and powers under the

Agreement, the release, variation or abandonment of any Security or other guarantee held by the Company or by any other matter which might otherwise release or limit the Guarantor’s liability under clause 4.1

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