1. This Agreement
1.1 This Agreement applies to all DTS customers. It comprises the following parts which, in the event of any inconsistency, will apply in descending order of precedence:
- the completed application form (as varied from time to time)
- the terms and conditions set out below.
2. Acceptance of your application
2.1 Applying for the any DTS products or services does not guarantee that the products or services will be provided to you. We will process your application and, if accepted, shall begin supplying the necessary products or services as they become available. DTS reserves the right to decline your application without giving a reason.
3. Your responsibilities
3.1 Gaining access to the internet
Except as otherwise provided in this Agreement, you are responsible for providing the computer, hardware, software and all other equipment required to use the services.
3.2 Your use of the services
At all times during the term of this Agreement you will:
- comply with (and ensure that anyone else who uses the services complies with) these terms and conditions and such system operating procedures, instructions and acceptable use requirements as notified by us to you from time to time
- ensure your use of the services does not interfere with or disrupt the DTS network
- not use the services for any unlawful or offensive act
- not use the services to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory
- not use the services to distribute multiple unsolicited electronic mail to large numbers of persons including, but not limited to, electronic mail advertisements (spamming)
- not use the services to gain or attempt to gain unauthorised access to any computer systems, or in a manner which infringes the rights of any person
- take all reasonable care (in accordance with industry accepted standards of best practice) to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person on the Internet, our system included
- be responsible and liable for any use (authorised or unauthorised) of the services by any other person (including any charges associated with that use).
3.3 Notification of change of personal details
You must notify us immediately if any of your personal details change.
3.4 Reasonable Use
If any clients use of their free traffic allocation is at a such an extreme level that it negatively impacts on the performance of the DTS network and therefore other clients internet experience, we reserve the right to enter into consultation with the client in question and if that consultation proves fruitless, then we reserve the right to rate shape aspects of the service in question and/or disconnect the account completely.
3.5 IP Advertisement
Clients are not authorised to advertise DTS provided IP address space to any third party network(s) unless they have express permission from DTS management.
4. Our rights
4.1 If we receive a complaint (which does not necessarily need to be substantiated) or we form our own opinion to the effect that you are, or may reasonably be said to be, in breach of the usage rules contained in clause 3.2 then we may, after consulting with you:
- require you to edit the material in question or edit that material ourselves
- delete the material in question
- suspend the Services or use of relevant products for an indefinite period
- treat that breach as a material breach and terminate the Agreement in accordance with clause 14.3 below.
5. Provision and use of the email services
5.1 We aim to deliver your email to the destination to which it is addressed whenever this is reasonably possible.
5.2 We will retain ownership of any DTS email address that is allocated to you as part of the Services. In the event that this Agreement is terminated, we may allocate that DTS email address to another customer.
6. Your security obligations
6.1 If we will allocate you a password to enable you to use the services, you:
- must maintain the security of the password
- must advise us as soon as you become aware of any misuse or breach of security in relation to the password
- will be liable for any use (authorised or unauthorised) of the services by any person using the password, including any charges associated with that use.
7. Our responsibilities
7.1 We will strive to provide reliable and high quality services 24 hours a day all year round. We are, however, unable to guarantee that our services will be uninterrupted or fault free.
7.2 In the event of an interruption in the services that is caused by a fault in our supply of services, we will take all reasonable measures to restore the services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
7.3 We are not responsible in any way for the content or quality of the material that you obtain from the internet as a result of your use of the services.
8. Domain names
8.1 You will retain ownership of any domain name which you use in connection with the services and which is registered in your name with any domain name registry. Where we agree to register a domain name with any domain name registry on your behalf, we do so as your agent. You are responsible for complying with any terms and conditions imposed by the relevant domain name registry, including payment of registration charges (unless we have entered into an alterative arrangement with you).
8.2 Mailbox sizes will be limited to 100MB as a standard measure. For larger sizes, please speak to our sales staff for pricing.
8.3 The limit for individual email size is 20MB. Email above this size will not pass through the email server and as such, should be communicated elsewise.
9. Applicable to DTS Tolls customers
9.1 If you subscribe to the DTS Tolls service, you agree to abide by the following Tolls terms and conditions in addition to the DTS terms and conditions (relating to services you have ordered from DTS and services DTS has agreed to provide to you and not relating to services you have agreed to take from another carrier):
9.2 The responsibility for all calls made intentionally or unintentionally directed into the DTS network from your systems is yours, including but not limited to phone, fax, PABX or computer software/hardware.
9.3 The responsibility for deleting or removing any pre-programmed calling procedures before the commencement of our service to you, is yours. If these terms are breached you will be liable for charges in DTS dealing with such calls. We accept no liability for any discount or benefit you would have received had you complied with the DTS Tolls terms and conditions.
9.4 You will be billed for all calls made on the telephone line subscribed to the DTS Tolls service that are dialled using an area code (including local calls dialled with an area code).
10.1 You agree that DTS can collect information about you and the ways in which you are using the services. DTS will obtain this information directly from you, from our customer records and from the records generated within our equipment when you use our services.
10.2 You agree that DTS may hold this information about you and may pass it on to our employees, contractors, agents and business partners for a range of lawful purposes connected with our business operations, which include:
- providing you with services
- administering your account
- looking at ways in which we can improve the services
- keeping you informed as to the products and services (both existing and new) that are available to you from DTS.
10.3 If you wish to limit the ways in which DTS uses information about you, it is your responsibility to let us know. You acknowledge that placing limits on how we use information about you could restrict our ability to provide you with a full range of services, including new products and services and enhancements to existing services.
10.4 You agree that DTS may monitor and/or record calls made between you and DTS for the purpose of maintaining and improving the quality of the services.
10.5 You may ask to see information that DTS holds about you (where that information is being held in such a way that it can be readily retrieved) and for DTS to take reasonable steps to correct any errors.
10.6 DTS will not use information held about you without first taking reasonable steps to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, complete and accurate.
10.7 Pursuant to Privacy Principle 11 (Privacy Act 2003), we may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think that it is necessary to help maintain the law.
11. Charges and payment
11.1 The charges for the services will be calculated in accordance with the pricing options that you have selected.
11.2 Charges for all services will apply from the date they are made available for use so long as that date is in accordance with the contracted service start date. The date from which the client chooses to utilise the service has no bearing on the billing start date. Fixed charges will be payable in advance. Any additional charges will be payable in arrears.
11.3 We will send your account for any additional charges to your email address (or to such other address as may be agreed by us).
11.4 Payment for all charges is due on the 20th of the month following invoice date.
11.5 If you believe that a mistake has been made on your account, you must notify us before the due date for payment.
11.6 We reserve the right to back-bill you for any services provided. You are responsible for paying charges for services, even if the charges were omitted from your prior account(s) in error.
11.7 You will be liable for any fees or expenses which we reasonably incur in collecting overdue amounts from you, including collection agent fees, legal expenses and all bank charges in relation to dishonoured cheques.
11.8 We may change our charges from time to time. We will provide you with at least 10 days notice of any changes by writing to you at your DTS email address (or to such other address as may be agreed by us).
11.9 Depending on your contract wording and what options you have selected, a 12, 24 36 or longer monthly minimum term may apply to your new DTS contract. Contract terms apply for the day your services are available for use. If your DTS contract is terminated before the end of the specified contract period, you will be required to pay each of the remaining monthly fees in full within 30 days of termination. This clause applies if you (the client) close the account of your own free will, or if DTS closes the account due to repeated violations of DTS’s terms and conditions and a failure to comply with reasonable requests made by our staff in relation to these violations. Clients who have their DTS service suspended through the enforcement of the Copyright (Infringing File Sharing) Amendment Act 2011 No 11 will also be required to continue paying their DTS charges as outlined in their contract for the remainder of their contractual term. Contract terms apply to a physical circuit and the data supplied through it.
11.10 Any upgrades or downgrades to the speed of a contracted circuit do not alter the terms of the initial contract unless a new contract is entered into.
11.11 If bound by an initial contract term, upon that initial periods expiry your plan will roll over on a month by month basis. Some circuit providers such as Araneo charge an extra 20% on monthly circuit costs if you do not sign into another contract, you will be liable for such charges as on-charged by DTS.
11.12 Accounts which run 1 month or more overdue will incur 2% interest (minimum $5.00) per month compounding until paid, based on the total overdue amount from 1 month and older.
11.13 DTS’s Assured Forwarding (AF) product has a standard 12 month contract term. This contract can be terminated with 30 days notice but an early termination fee of $500 will apply at any time within the initial 12 months.
11.14 Domain names are invoiced a month in advance. Should a client need to cancel their domain name they have until 3 days after the renewal date stated on their invoice to do so before it’s automatically renewed. From 3 days after the date of renewal DTS are changed by the supplier and have no choice but to on-charge this regardless of whether the customer has cancelled their domain name or not.
11.15 Where a client has exceeded their data quota for a given month, retrospective upgrades may be provided to adjust over usage charges down to the approximate per GB cost of the clients standard usage as stipulated in their contract. Retrospective upgrades are offered at the discretion of DTS unless specifically stated to the contrary in the clients contract for service. If a client exceeds their monthly data quota three times in a row or six times in a calendar year, they will be required to either permanently upgrade their data plan, or forego the offer of a retrospective upgrade in future instances of over usage, resulting in higher over usage charges. In the event that a client provides notice that they wish to terminate their DTS service, they will not be eligible for retrospective upgrades for the remainder of their notice period.
12. Our indemnity
12.1 Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, cost, damage or expense resulting from any claim made against us by any third party as a direct result of your use of the services, including material that is generated or disseminated by you through using the services.
12.2 It is the responsibility of the Customer to ensure it maintains suitable insurance cover for any server or other property of the Customer’s that is placed in DTS’s possession for the purpose of providing services under a DTS Agreement, or for any losses to the Customer or any third party that be consequent on any failure, or disruption, of the Services provided by DTS under this Agreement.
13. Our liability
13.1 To the extent allowable by law, we will not be liable for any special, indirect or consequential loss or loss of profits, including any loss incurred by you as result of lost or corrupted data.
13.2 Our maximum liability to you in respect of the services will be $500 for any event or series of related events, and $1,000 for all events in any 12-month period.
13.3 This exclusion does not affect any of your legal rights under New Zealand and Australian law. You agree that the Consumer Guarantees Act 1993 (NZ) and the Commonwealth Trade Practices Act 1974 (Australia) and the Consumers Guarantees a Act July 2010 (Australia) may not apply if you are using or holding yourself out as using the services for the purposes of a business.
13.4 Except as expressly stated, this Agreement does not confer any rights on third parties. To the extent allowable at law we will not, under this agreement, be liable in any way to any third parties.
14. Ending the Services
14.1 Your right to terminate
If your service is out of contract you may terminate your Agreement with us, notwithstanding clauses 11.9 and 14.2, by giving 30 days notice by post, by fax or by emailing us at email@example.com. The effective date of termination will be the last day of the next billing period.
14.2 Acquisition of circuit or other Leased or Rented Product or Service
If DTS has acquired a circuit or leased or rented a product on your behalf, your right to terminate could require a longer notice period dependent upon the term of the circuit supplied. Circuit providers require 30 days notice, upon signing a DTS application form you are agreeing to abide by these notice periods regardless of their length.
14.3 Our right to terminate
We may terminate this Agreement at any time if you do not pay our charges or meet your responsibilities under this Agreement, or if you are abusive to our staff. We may end this Agreement for any other reason by giving at least 14 days notice in writing to you at your DTS email address (or to such other address as may be agreed by us).
14.4 Consequences of termination
On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.
15.1 Amendments We may vary this Agreement at any time. We will do this by giving you written notice of such changes, sent to your DTS email address (or to such other address as may be agreed by us) at least 5 working days before the changes take effect.
15.2 Transfer of rights We may transfer our rights and obligations under this Agreement. If we do this we will give you notice. You may not transfer any of your rights or obligations under this Agreement.
15.3 Whole agreement This Agreement contains the whole agreement between us for the provision of the services, and any previous agreement is revoked by this Agreement.
15.4 Severance If for any reason any term of this Agreement cannot be enforced or relied upon, all other terms of this Agreement shall remain valid and binding.
15.5 By signing with DTS, unless specifically requested not to occur, you are providing permission for DTS to promote information on our business dealings with you. This information may be broadcast in a number of ways, but primarily though social media and email. DTS will not disclose specific information about pricing arrangements or any other matter deemed to be confidential in nature.
16. Our equipment
16.1 If you have asked us to provide services that require location of our equipment at your premises, you agree to give our representatives safe access to your premises so that we can install, inspect, maintain, replace or remove our equipment. If you are in rented premises you will obtain the written permission of the owner that we are authorised to access, and locate our equipment at your premises for these purposes.
16.2 We will always ensure our equipment is safe, free from defects and fit for the purpose for which it is provided.
16.3 You agree:
- to provide a safe and secure operating environment for our equipment
- to take reasonable precautions to protect our equipment from radio or electrical interference and power fluctuations
- not to damage or interfere with our equipment
- to pay our charges for repairing or replacing any of our equipment that is lost or damaged while located on your premises and, if we ask you, to obtain and maintain insurance (to a value agreed by us) with a reputable insurance company against any loss or damage to our equipment while under your control. You will ensure that our interest is noted on the policy.
16.4 If our equipment is no longer required, or if you damage or interfere with our equipment, then we may remove it from your premises.
16.5 If DTS has leased you a router/modem as part of your internet agreement, this equipment remains the property of DTS at all times. If this equipment is damaged through force majeure or fails due to natural wear and tear, DTS will replace it without charge. If however, it is damaged or destroyed due to carelessness or misuse, a replacement cost will apply. Upon termination of your service DTS requires the device to be returned within 30 days, with the cost of doing so to be paid by the client.
16.6 A leased router is not to be confused with a managed service. In the leased scenario, all backups and configurations are the responsibility of the end user, as are all MAC’s.
16.7 If you are renting a managed router through DTS it is your responsibility to ensure the router is kept safe and is not interfered with in any way. If the router is broken or damaged due to anything other than general wear and tear and/or a technical fault, you will be liable for the cost of replacement.
16.8 In the event you choose to end your rental agreement with DTS, you are required to courier the router back to DTS at your cost within 7 working days.
17. Your equipment
17.1 You will ensure that all of your equipment connected to the DTS network and/or to our equipment is telepermitted and is installed in accordance with our specifications.
17.2 You agree to follow our reasonable instructions about modifications that you may need to make to your equipment so that you can use the services.
17.3 Notwithstanding anything else in this Agreement, if your equipment causes a fault in the operation of a service you will, if we ask you to, pay us the reasonable costs of restoring that service.
17.4 Any equipment placed on site by a circuit supplier on behalf of DTS for the use of the client is the responsibility of the client. If this equipment is damaged in any way, the client will be liable for the repair or replacement of that equipment.
18. Numbers, addresses and other codes
18.1 We may allocate phone numbers, electronic addresses and other codes to you. You will not have any ownership rights over those numbers, addresses and/or codes, and you may not transfer them to anyone else.
18.2 If required by law, or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, we will always give you as much notice as is reasonably possible regarding any such change.
has the meaning set out in clause 1.1.
means the number of days to which your set allowance of traffic relates (in each case, as specified in your pricing plan).
means DTS Limited and/or Data Traffic Services Pty Ltd.
means the service(s) you have selected and the applicable charges (as varied from time to time) and forms part of this Agreement.
means any services offered by DTS, including Internet access and/or web-hosting, email services, and that are selected by you from time to time.
means the telecommunications network used by DTS to provide communications services (including any network to which DTS interconnects).
Us , we and our
means DTS Limited and/or Data Traffic Services Pty Ltd.
means the person(s) named on the completed online application form or on the DTS written application form (as the case may be) as the account holder and (if applicable) the co-account holder, both jointly and severally.
20. Support Charges
20.1 If at any stage you request Support jobs to be completed, you will be charged as per our rates quoted. Support jobs consist of, but are not limited to; Any changes to A Records, MX Records, PTR Records, Reverse DNS, Domain Name Registration, Domain name Renewals, Port Forwarding, Mailbox Changes, SMTP changes/requirements, IP Address changes and Multiple IP requirements.
20.2 Hosted Service Modification
These cover, but are not limited to A Records, MX Records, PTR Records, Reverse DNS, Domain Name Registration & Port Forwarding and cost $10.00 (excl. GST) per request.
Domain Name Renewals:
This covers the annual renewal of any Domain Name you have with DTS Limited.
The cost for .org.nz, .co.nz and .net.nz Domain Names is $40.00 (excl. GST) per Domain Name.
Prices vary for .com, .net and any other types not listed here, please contact us for a quote.
These cover, but are not limited to Mailbox Changes and SMTP changes/requirements and cost $10.00 (excl. GST) per request.
This covers IP Address changes and Multiple IP requirements.
Prices vary for these; please contact us for a quote.
20.3 Faults caused by external issues
Support jobs or fault calls that DTS receives, which after investigation are found to be the result of an external (to DTS Limited) issue; may be charged to the Customer at our hourly rate of $119.00 (excl. GST). This charge will only be issued where a single customer continually raises instances as outlined in clause 20.3, or a single issue as outlined in clause 20.3 takes an unreasonable amount of DTS’s time to resolve.
20.4 Public Holiday Support
Public holiday work must be by mutual agreement and will be charged at a different rate. Work done out of hours is charged at a higher rate per hour. DTS does not guarantee support availability on public holidays.
20.5 Scheduled Weekly Maintenance
All customers please be aware that there is a nominal outage period every week that will be reserved for DTS network maintenance. During this time you may find that your services are inoperative for anywhere up to four hours. DTS reserves the right to make unavailable any and/or all network components during this time without any further warning where maintenance is necessary. The nominated timeframe will be static and exact. No outage will continue past the closing period of this time frame and any instance of this will be treated as a critical priority job. The details of this time frame are as follows:
The weekly maintenance period will currently and until further notice be held starting SUNDAY NIGHT 2200 HOURS (10PM) until MONDAY MORNING 0200 HOURS (2AM).
21. National and International Traffic Measuring
Traffic is deemed to be International unless it meets the following criteria:
1. DTS’s upstream internet service provider(s) advertise the IP address (or range of IP addresses) over a National network interconnect.
2. DTS’s receives the IP address (or range of IP addresses) over a peering point (such as but not limited to WIX or APE).
3. The IP address is connected to a device within the DTS network.
4. DTS will endeavour to notify clients on a best effort basis as usage reaches 80%, 100%, and 120% or their data plan cap.
DNS is not used to classify IP addresses (or range of IP addresses) as National or International. Due to the nature of dynamic routing updates an IP address (or range of IP addresses) may or may not be classified as a National IP address periodically (this process is outside of DTS’s control). To improve throughput speeds DTS may from time to time route traffic nationally that would otherwise be sourced internationally. This traffic will still be considered internationally sourced.
22. DTS Spam Filtering
22.1.New users added during a contract period are billed at the contracted rate (i.e.500 users added to an existing 2,000 user account will be billed at the 2,000 user rate) unless the customer extends the affected services for a further minimum term.
22.2 Setup, domain and administration fees are non-refundable.
22.3 Up-sell pricing applies only to up-sale of services to existing customers if the customer does not commit to a new minimum term for its existing services. A new minimum term must be applied to the service being added.
Minimum contracted terms and payment terms are specified in your Reseller agreement.
All prices (other than one-off set-up fees or administration charges), with the exception of Boundary Encryption, are quoted in per user per month.
22.4 A minimum of 10 users must be ordered.
22.5 Prices issued per user are always rounded up to the nearest block of 10 users (e.g. 56 users are billed as 60 users)
22.6 If a customer wishes to terminate one or more component services of a bundle, the customer must re-contract all remaining services for the minimum term at the standard unbundled list price, which will be greater than the original bundle price. The Customer may not terminate a component of the bundle during a minimum term.
22.7 A minimum term of 2 years applies to all services; standard contract term discounts are available.
22.8 All fees are payable annual in advance; all prices are quoted in per user per month unless where stated and exclude any applicable taxes.
23.1 Sentinel comes standard with DTS Internet plans signed after 1/11/10. 500% DSL plans excluded.
23.2 Offer covers one server or website and will be set to monitor assigned static IP by default. Charges apply as advertised if SMS notifications are selected as a service, or if any additional services are selected.
23.3 The Customer acknowledges that the Supplier processes personal data, as defined under the relevant data protection laws, of the users of the Services (Users) for the purpose of complying with its obligations under this agreement.
23.4 The Customer hereby warrants that it has the consent of the Users to disclose their personal data to the Supplier for the purpose of using the Services and that for the same purpose the Users have agreed that their personal data may be transferred to territories outside the EEA.
23.5 The Supplier will take all steps reasonably necessary to ensure that personal data is treated securely.
23.6 The Supplier shall not disclose personal data to third parties, but may process such data in duly anonymised and aggregate form for purposes such as internal statistics, commercial sale and promotion, including but not limited to blog posts.
23.7 The Customer acknowledges that all Intellectual Property Rights in the Service (or any associated Software) and any Modification belong and shall belong to the Supplier, and the Customer shall have no rights in or to the Service (or any applicable Software) other than the right to use it in accordance with the terms of this agreement. Additionally, the Customer acknowledges that is applicable any monitoring agent may be licensed separately and excluded from this agreement.
23.8 The Supplier does not warrant that the use of the Service (or any applicable Software) and the delivery of the Services will be uninterrupted, without delay or error-free.
23.9 The Customer accepts responsibility for the selection of: (i) the Service to achieve its disclosed and intended results; and (ii) a sufficient number of credits for any notification system used.
23.10 The service can be terminated at any time without notification.
24. Data Rollover
24.1 Free data rollover applies for a period of one month as standard on all plans unless otherwise stated in the clients contract. Any unused portion of a month’s data quota will be available the following month without additional charge. If that data goes unused for a second month it will no longer be available and will be removed from the clients records.