Terms of Service

Last Updated 26 December 2008

1. About our services

• We are not obliged to provide products or services unless we accept your application. We have the right to decide to provide service, or not to accept any application for service.
• WebGauge Solutions currently only provides services to customers in New Zealand.
• WebGauge Solutions will use all reasonable efforts to ensure that the services are reliable and available at all times, and will use skill and care in doing so. However, because we rely on networks and equipment which we do not control, we cannot promise that our services will always be available or fully-functioning. If our services are unavailable for any reason we will endeavour to restore service as soon as possible. If there is a problem with your service, please contact our helpdesk.
• While we take all reasonable security precautions, the nature of internet communications mean that we cannot guarantee the confidentiality of your information while it is in transit between your computer or WebGauge router, and our servers.
• We will be responsible for determining the manner in which the services are to be provided.
• We may vary the service(s) from time to time, or decide to stop providing a particular service. We will notify you prior to making the variation and will tell you about any substitute service we have available. Where the substitute service is inferior to the provided service, the Customer may terminate the Agreement.

2. Using our services

• You must not use or permit our services to be used in any way which: Breaks any law; Infringes anyone’s rights; Is malicious, obscene or offensive; Interferes with the standard operation of, or damages either the WebGauge Solutions systems or any other 3rd party systems; Attempt to bypass or interfere with any security or intellectual property protection systems.
• You must keep confidential any password which is used by you to access our services and we recommend, for security reasons, that you change these on a regular basis. If we request, you must change your password in a timely manner.
• You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.
• You must ensure that all information you provide us is correct. If any information you have supplied to us changes, you must provide us with updated information as soon as possible.
• You must notify us if you wish to terminate your Agreement or service(s).
• You must not resell the service(s) to others without the express written permission of an authorised WebGauge Solutions representative; with the exception of recovering the cost of the subscription fee from other users of your internet connection.
• You must immediately report any misuse of your services or disclosure of your account information.

3. Use of information and confidentiality

• You authorise us to collect, retain and use any information about you for the purposes of providing products or service(s) as per our Privacy Policy.
• You may decide whether to provide us any information. If you do not provide required information, we may not be able to provide the services to you.
• Where you are a natural person, the authority under clause 4.1 is an authority or consent for the purposes of the Privacy Act 1993.
• We may record or monitor communication between us to verify information and for staff training purposes.
• You are entirely responsible for the confidentiality of any password(s) associated with your account(s). Furthermore, you are entirely responsible for any and all activities which occur under your account.
• You agree that all intellectual property rights in the service(s) and any improvements or changes made by WebGauge Solutions to any service(s) belong to WebGauge Solutions.

4. Charges and payment

• You must pay your subscription fee in advance for the service(s) we provide to you prior to being able to access the service.
• You may cancel your account at any time by contacting the helpdesk.
• We will invoice you for 1 month worth of subscription fees prior to the expiry of any existing subscription access you have purchased.
• You must pay each invoice by the due date advised on the invoice. You may not withhold money you believe you do not owe us nor offset sums that we owe you.
• If you do not pay a bill by the due date, we may suspend or restrict services until all due payments are made, or may terminate the services.
• If you breach any term of this agreement and we incur costs as a result, you must pay those costs on demand.
• Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable legal fees or debt collection agency fees.
• The WebGauge Router you purchase is owned fully by you, and will continue to function as an internet sharing device regardless of your current subscription status. The usage meter functionality will only be active with a valid subscription.

5. Supply of equipment

This section applies to any equipment you purchase from us in connection with the provision of services.

• We will ensure that the equipment provided will be of a suitable quality and will be fit for the purpose for which it is provided.
• We will honour our obligations under the Consumer Guarantees Act 1993 regarding the equipment you purchase from us.
• If you have purchased WebGauge equipment from an authorised reseller, you shall direct all support requests directly to WebGauge Solutions.
• Any support requests, troubleshooting, or warranty claims related to the WebGauge Router - regardless of original manufacturer, brand, model, or distributor - shall be directed to WebGauge Solutions.

6. Consumer Guarantees Act

You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the services for the purposes of a business, nothing in these terms and conditions will limit or exclude your rights under the Act.

7. Liability

• WebGauge Solutions excludes any liability of any kind (whether in contract, tort (including negligence), equity or otherwise) to you or anyone claiming through you, relating to loss of profits or revenue, interception of data or unauthorised access to your information, loss or corruption of data, lost business or missed opportunities, wasted expenditure or savings you may have had, or any form of indirect or consequential loss whatsoever arising from your use of the equipment or services.
• We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you) in the following circumstances: If any of our services are not available at any time or are faulty; For any delay in commencing the provision of services; If any software or equipment we supply does not operate correctly; If your computer, or computers, become affected by any virus or worm.
• We are not liable to you for any fault in or non-provision of services caused by an event beyond our reasonable control
• If you use another service provider’s services during the period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider. You acknowledge that no third party whose services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
• If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.

8. Cancellation

• You may cancel your subscription with us at any point, by submitting a request in writing to our helpdesk
• We can terminate this agreement, or the provision of any service to you immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect of misleading information to us.
• If services to you have been terminated due to a breach of this agreement by you, then no refund of any subscription fees will be available.

9. Warranties

• No representation, condition, warranty or promise expressed or implied by law or otherwise applies to services except where expressly stated in this agreement.
• WebGauge Solutions will pass on to the customer the benefit of any warranty given by its suppliers or a third party such as the manufacturer where the goods are manufactured or supplied by a third party other than WebGauge Solutions.

10. New Zealand Law Applies

Our services are provided under New Zealand Law. If you want to bring a claim against us you must do so in a New Zealand Court.

11. Force Majure

• Neither party is liable to the other for failing to meets it obligations under this agreement except as specified in clause (next clause) to the extent that the failure was caused by an Act of God or other circumstance beyond its reasonable control. However, where a party has been unable to perform its obligations for a period of sixty days or more, the other party may give notice in writing to the first party.
• Nothing in clause (above clause) shall excuse the Customer from any obligation to make payments of sums owing to WebGauge Solutions with those sums are due and owing to WebGauge Solutions under this agreement.

12. Changes to these terms

We may change these terms at any time by giving you thirty days notice. We will inform you of any change by emailing or writing to you, by providing relevant information on our website. We will also update the “Last Updated” date specified at the top of this page.

13. Notices

• If you wish to notify us of anything you can do so by writing to us.
• If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile, or email to the last known address or number we have for you.
• Any notice delivered personally or sent by facsimile or email after 5.00pm on a working day or any day that is not a working day will be deemed to have been received on the next working day.
• If your contact details change you must advise us of the new details as soon as possible.

14. Entire agreement, variations, and non-waiver

• This agreement, in conjunction with our Privacy Policy and Licensing Information page contains all of the terms, representations and warranties made between WebGauge Solutions and the Customer and supersedes all prior discussions and agreements covering the subject matter of this agreement.
• No variation or waver of any provision of this Agreement shall be recognised or binding on WebGauge Solutions unless it is in writing and signed by an authorised representative of WebGauge Solutions.
• Failure or delay by WebGauge Solutions to enforce any of the terms and conditions contained within this agreement shall not be deemed to be a waiver of any of the rights or obligations WebGauge Solutions has under this agreement.
• If any provision of this agreement shall be invalid, void, illegal, or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
• The customer shall not assign all or any of its rights or obligations under this Agreement without the written consent of WebGauge Solutions. WebGauge Solutions reserves the right to transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so.