CyberCom Hospitality Solutions Limited Internet Terms and Conditions

1. DEFINITIONS

   • “Agreement” means this agreement.

   • “Cybercom” means Cybercom Hospitality Solutions Limited, or any agents or employees thereof.

   • “Client” means the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and services from Cybercom.

   • “Operational Date” means the date when the site is deemed fully operational by Cybercom.

   • “Minimum Term” means the 24 month term starting from the Operational Date.

   • “Products” shall mean:

     1. all Products of the general description specified on the front of this agreement and supplied by Cybercom to the Client; and

     2. all Products supplied by Cybercom to the Client; and

     3. all inventory of the Client that is supplied by Cybercom; and

     4. all Products supplied by Cybercom and further identified in any invoice issued by Cybercom to the Client, which invoices are deemed to be incorporated into and form part of this agreement; and

     5. all Products that are marked as having been supplied by Cybercom or that are stored by the Client in a manner that enables them to be identified as having been supplied by Cybercom; and

     6. all of the Client’s present and after-acquired Products that Cybercom has performed work on or to or in which goods or materials supplied or financed by Cybercom have been attached or incorporated.

     7. The above descriptions may overlap but each is independent of and does not limit the others.

   • “Products and Services” shall mean all products, goods, services and advice provided by Cybercom to the Client and shall include without limitation the provision of network services, hardware, software solutions, computer systems, consultancy, word development, programme solutions, project management, IT, audit reports, upgrades and all associated services, project management, IT, audit reports, upgrades and all associated services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Cybercom to the Client.

   • “Price” shall mean the cost of the Products and Services as agreed between Cybercom and the Client and includes all disbursements.

 

2. TERM

   • A 24 month minimum term applies to all new Cybercom connections. If your Cybercom connection is terminated before the end of the Minimum Term, you agree to pay an early termination fee pursuant to sub-clause 17.4 of this Agreement.

   • This Agreement shall become effective on the Operational Date.

   • At the end of the Minimum Term this Agreement shall automatically renew subject to:

     • The Client not being in default under this Agreement at any time during the Minimum Term; and

     • Performance by the Client of its obligations under this Agreement to the satisfaction of Cybercom.

 

3. AVAILABILITY OF PRODUCTS AND SERVICES

   • Cybercome cannot guarantee the availability of a Product or Service until connected.

   • Cybercom will always aim to provide reliable and high quality Products and Services. However Cybercom cannot guarantee that Products and Services will always be available, fault-free, and secure or that they will operate free from viruses or other harmful programs or disabling features.  The quality of Cybercom’s Products and Services depends partly on your equipment, hardware or device, partly on Cybercom’s Network and partly on telecommunications infrastructure to which Cybercom’s Network is connected.

   • If you have a problem with your Cybercom Product and Service, you should contact Cybercom Customer Services and we will work to fix the problem as soon as possible.

   • Cybercom will not be responsible for fixing any fault with a Product and Service that is caused by your equipment, hardware or device, or because you have used the Product and Service incorrectly or in an unauthorised way.

 

4. ACCEPTANCE

   • Any instructions received by Cybercom from the Client for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

 

5. COLLECTION AND USE OF INFORMATION

   • The Client authorises Cybercom to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract.

   • The Client authorises Cybercom to disclose any information obtained to any person for the purposes set out in clause 1.

   • Where the Client is a natural person the authorities under clauses 1 and 5.2 are authorities or consents for the purposes of the Privacy Act 1993.

 

6. PRICE

   • Where no price is stated in writing or agreed to orally the Products and Services shall be deemed to be sold at the current amount as such Products and Services are sold by Cybercom at the time of the contract.

   • The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond the control of Cybercom between the date of the contract and delivery of the Products and Services.

   • Any price variation will need to be agreed upon by both parties.

 

7. PAYMENT

   • Unless otherwise agreed payment for Products and Services shall be made in full on or before the 20^th day of the month following the date of the invoice (“the due date”).

   • Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

   • Any expenses, disbursements and legal costs incurred by Cybercom in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.

   • Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

 

8. ESTIMATES

   • Where an estimate is given by Cybercom for Products and Services:

     • Unless otherwise agreed the estimate shall be valid for thirty (30) days from the date of issue; and

     • The estimate shall be exclusive of goods and services tax (GST) unless specifically stated to the contrary;

     • Cybercom reserve the right to alter the quotation because of circumstances beyond its control.

   • Where Products and Services are required in addition to the quotation the Client agrees to pay for the additional cost of such Products and Services.

   • A deposit of between 5% to 50% may be required.

 

9. AGENCY

   • The Client authorises Cybercom to contract either as principal or agent for the provision of Products and Services that are the matter of this contract.

   • Where Cybercom enters into a contract of the type referred to in clause 1 it shall be read with and form part of this agreement and the Client agrees to pay any amounts due under that contract.

 

10. SECURITY INTEREST FOR SERVICE PROVIDERS

    • The Client gives Cybercom a security interest in all of the Client’s present and after-acquired property that Cybercom has performed services on or to or in which goods or materials supplied or financed by Cybercom have been attached or incorporated.

 

11. PAYMENT ALLOCATION

    • Cybercom may in its discretion allocate any payment received from the Client towards any invoice that Cybercom determines and may do so at the time of receipt or at any time afterwards and on default by the Client may reallocate any payments previously received and allocated. In the absence of any payment allocation by Cybercom, payment shall be deemed to be allocated in such manner as preserves the maximum value of Cybercom’s purchase money security interest in the Products and Services.

 

11. CLIENT OBLIGATIONS

    • Ensure that the equipment is treated with reasonable care.

    • Ensure there sufficient facilities to support and access the supplied services.

    • Have appropriate content insurances for the site and Cybercom equipment.

    • Provide adequate accommodation and facilities for Cybercom staff during deployment and onsite support as and when required.

    • Brief Cybercom staff of Health and Safety protocols and policies for the site.

 

12. DISPUTES

    • No claim relating to Products and Services will be considered unless made within fourteen (14) days of delivery.

 

13. LIABILITY

    • The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Cybercom which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Cybercom, Cybercom’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

    • Except as otherwise provided by clause 1 Cybercom shall not be liable for:

      • Any loss or damage of any kind whatsoever, arising from the supply of Products and Services by Cybercom to the Client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by Cybercom to the Client; and

      • The Client shall indemnify Cybercom against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Cybercom or otherwise, brought by any person in connection with any matter, act, omission, or error by Cybercom its agents or employees in connection with the Products and Services.

 

15. WARRANTY

    • Manufacturer’s warranty applies where applicable.

    • Cybercom will replace equipment as and when required and where such replacement is deemed reasonable

 

16. COPYRIGHT AND INTELLECTUAL PROPERTY

    • Cybercom, owns and has copyright in all work, software, systems, solutions, drawings, designs, specifications, electronic data and documents produced by Cybercom in connection with the Products and Services provided pursuant to this contract and the client may use the Products and Services only if paid for in full and for the purpose for which they were intended and supplied by Cybercom.

 

17. TERMINATION

Termination can only be exercised under the following conditions:

• Agreement by both parties; or

• Breach of obligations by either party contained in these terms of trade.

  • In the event of a breach, the party committing the breach must be given written notice of that breach by the affected party and be provided the opportunity to remedy that breach within 3 months.

  • Upon receiving such a notice, the receiving party will need to advise the notifying party on its remedy if any.

• The parties are to settle any outstanding monies owed within 30 days of receipt of notice of termination.

• The Client shall pay an early termination fee in the event of termination prior to the end of Minimum Term. The early termination fee is calculated as the difference between the total Price payable under this Agreement for the Minimum Term and the Price that the Client has paid under this Agreement up to the date of termination.

 

18. CONSUMER GUARANTEES ACT

    • The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Products and Services from Cybercom for the purposes of a business in terms of section 2 and 43 of that Act.

 

19. SALE OF BUSINESS

    • The terms of this contract survives the sale of a business. It is the responsibility of the Client to ensure that a new contract of identical terms is signed by the potential purchaser of the business. Failure to do so will result in the enforcement of clause 16.2 where applicable. 

 

20. MISCELLANEOUS

    • Cybercom shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

    • Failure by Cybercom to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Cybercom has under this contract.

    • If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.