STANDARD CONDITIONS –
The Company agrees to provide access to the Tracecare buddi web portal so that the customer can have either full monitoring service or a family monitoring service subject to the following terms and conditions:
(a) The family monitoring service shall consist of access the web portal and enable self-set up of who shall receive alerts from automatic fall or alert notifications.
(b) To enable the Company to comply with its obligations the Customer will ensure that his/her telephone data or other communication’s line is at all times fully operational.
(C) Full monitoring service shall consist of 24/7 monitoring of the device alerts by Monitoring NZ Ltd.
2. Delays and Interruptions
The Company will not be liable to the Customer for:
(a) delays in the installation or connection of equipment;
(b) for interruptions of service due to strikes, riots, floods, acts of God or any other cause (whether of a similar nature to the foregoing or not) beyond the control of the Company; and
(c) the Company will not be required to supply service to the Customer while service is interrupted because of any such cause.
(a) The Customer will pay the Monthly Fee specified in advance by direct debit to the Company’s bank account on the 20th day of each month. An invoice will not be rendered unless the Customer requests an invoice.
(b) The Company shall have the right to increase the charges specified herein upon giving the Client thirty days’ written notice in advance of the date on which such increase will take effect. If the Customer is unwilling to pay any increased charges the Customer may cancel the unexpired term of this Agreement by notifying the Company in writing fourteen days prior to the date of any such increase.
4. Exclusion of Liability
(a) The Company shall not be liable either in contract or in tort for any loss or damage whatsoever whether direct, indirect or consequential suffered by the Customer or any third party, including negligence on the part of the Company, its servants or agents arising from or relating to the provision of any services under this Agreement.
(b) In addition, the Company shall not be liable in respect of any professional advice which may be given in relation to the service or the equipment used in supplying the service by the Company, its servants or agents which is incorrect in any respect or is given in a negligent manner and the Customer acknowledges that it has relied on its own judgement in relation to the service being provided by the Company and the adequacy of such service to fulfil its requirements.
(c) Insofar as the Customer may, notwithstanding the previous provisions of this clause, have any claim for damages against the Company, its servants or agents either in contract or in tort and whether arising from negligence or otherwise (it being the intention of this clause that no such damages may be recovered) damages shall be limited to an amount equal to the sum of three months charges actually paid by the Customer in respect of that portion of the service which gave rise to the claim.
(a) If the Customer commits a breach of any provision of this Agreement (whether consisting of failure to pay any money due or otherwise) the Company may terminate its services to the Customer without notice and without prejudice to the right of the Company to recover all or any monies outstanding under this Agreement at the date of termination together with all or any charges payable in respect of the unexpired portion of this Agreement.
(b) If at any time the Customer is in breach of any obligation under this Agreement the Company’s obligations shall be suspended from the date that the breach occurs.
(c) If the Customer commits a breach of any provision of this Agreement the Company or its agent may without notice and without legal process enter upon any premises to recover any equipment using such force as may be necessary and repossess that equipment without prejudice to any other remedy the Company may have on account of the Customer’s default.
6. Term of Agreement
This Agreement shall be for the Initial Term of 12 months and shall after that time continue on a monthly basis unless renewed or terminated by a party giving thirty days written notice of termination to the other.
7. Entire Agreement
This Agreement contains the whole of the terms of the agreement between the parties and all other terms, conditions and warranties which might otherwise have been implied or have had any other application are expressly excluded to the extent permitted by law.
No variations of the terms of the Agreement shall be binding on the Company or the Customer unless in writing and signed by or on behalf of both parties.
(a) The Company may assign its obligations under this Agreement.
(b) The Customer may not assign its obligations under this Agreement without the prior written consent of the Company. The Company will consent to an assignment to a new occupier of the premises where the Customer is not in breach of this Agreement and the new occupier agrees to be bound by the provision of this Agreement on a form acceptable to the Company.
10. Rights to Use Information
(a) The Customer agrees that the Company may obtain information about the Customer from the Customer or any other person (including a credit or debt collection agency) in the course of the Company’s business and the Customer consents to any person providing information to the Company.
(b) The Company may give information it has about the Customer’s credit worthiness to any person (including a credit or debt collection agency).
(c) Personal information held by the Company about the Customer will be held by the Company at its offices. The Customer will be entitled to request access to and to correct that information in accordance with the Privacy Act 1993.
11. Consumer Guarantees Act
Nothing in this Agreement is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 other than as permitted by that Act. The Customer agrees that the Act does not apply if the service is provided to or for the purposes of a business.