Standard Terms - Residential Customers

1. As a residential customer of Compass Communications these standard terms form the basis of Compass Communications' contract with you. Our contract with you also includes your application or order form, which you complete and provide for us. You will be bound by a facsimile copy of our application or order form as if it was an original. If you complete an application or order form by telephone we will record our conversation with you and you will be bound in the same manner as if you had signed an application in writing. Our contract with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request. If you use our internet service, our ISP Terms and Conditions will also apply and form part of our contract with you. A copy of our ISP Terms and Conditions may be viewed at our web site or is available from us, upon request.

2. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will send you a copy of the amended standard terms. The amendments we make will apply seven days after we send you a copy of them. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.

3. In this contract we use the terms "Compass Communications*", "we", "our", and "us" to refer to Compass Communications* and "you" and "your" to refer to the person who is identified on the front of this form as our customer. Headings in this contract do not affect their interpretation.

Our commitment of service to you

4. Once you are connected to our network we aim to provide you with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When your connection is disrupted we will do our best to reinstate our service to you as soon as we can.

5. From time to time we will advise you about ways in which you can access our network. At present we can provide you with coded or non-coded access to our network.

6. Compass Communications' Help Desk is available everyday from 8am to 9pm. Service enquiries can be directed to:
Toll free phone: 0800 640 840
Toll free fax: 0800 279 333

7. The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services and we can change the carriers at our discretion.

Your general responsibilities

8. You agree that you will:
a) Pay for all goods and services we provide to you, regardless of whether it is you who uses them. Our charges will normally be exclusive of GST and GST will be added to them.
b) Be aware that some internet sites may have embedded within them the ability to program your modem to dial overseas numbers without your knowledge or direction if your computer is inactive for a period of time. You are liable for any charges arising from such calls. We accept no liability for such charges and may refuse to reverse such charges from your bill.
c) If you have a genuine dispute in relation to amounts we have charged you, you must pay the undisputed charges and notify us immediately you become aware of any disputed charges. If you do so you must give us full details of the reason you are disputing the charges and you must give us evidence of the grounds for your dispute. We will look into the issue and you will comply with our good faith decision on the issues.
d) Ensure that all of the information you give us is correct and complete.
e) Comply with any legal requirements concerning the use of our services.
f) Comply with any requirements of any other carrier in relation to the use of its network.
g) make sure that anyone else who uses the services that we provide to you also abides by the terms of this agreement.
h) Do everything necessary to enable us to use and take over responsibility for your telephone and facsimile numbers to the extent this is necessary or desirable to enable us to provide our service to you, and only use the services for the purpose for which they are provided.
i) Ensure that no services or products of Compass* are resold without the express permission of Compass*.
j) Provide reasonable access to our employees and contractors and representatives authorised by us or any other carrier to carry out any work required for the commencement, operation and continuance of our service to you, and the maintenance of our network or the network of any other carrier. We will normally carry out this work by appointment and during normal working hours. If we ask to perform the work at any other time you are not obliged to provide us with the access we require.
k) If required by us, pay us a bond or provide us with other comfort of your ability to pay our charges. If you pay us a bond it will not accrue interest and we will repay it to you when our contract ends, provided you have paid us everything you owe us at that time.
l) Make any claims for credits for disputed toll calls within 30 days of the most current bill sent to you. Any claim made otherwise than in accordance with this clause shall not be recognised.

8A. a) You are responsible for ensuring that all calls or other communications (collectively, 'calls') specifically or inadvertently directed into our network from your communications equipment or systems (including but not limited to telephone, facsimile, PABX or computer software or hardware) relate to:
- services you have ordered from us; and
- services we have agreed to provide to you and do not relate to services you have agreed to take from another carrier. You must ensure that if you have any pre-programmed calling procedures, then prior to the commencement of our service to you, all such pre-programmed calling procedures are deleted or removed from such equipment or systems. b) If the obligations in (a) above are not complied with:
- you will be liable for our charges in conveying or dealing with such calls; and
- we accept no liability for any discount or benefit you would have received had you complied with those obligations.

8B. We reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed your credit limit we will be entitled to suspend the provision of our service to you. All costs and expenses of or incurred by us as a result of such suspension and any recommencement shall be payable by you upon demand.

Suspension or disconnection

9. If you do not meet any of your responsibilities under this contract we may suspend or disconnect you from our network. We may also discontinue any other services we provide to you. In that situation we may also terminate our contract with you.

10. We may also suspend or disconnect you from our network if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.

11. We may also suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.

12. If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a recommencement fee of $25 before you can use our network again.

13. Usually normal charges, as outlined in our price list, will continue to apply during your suspension or disconnection from our network.

14. You agree that you will pay each bill by the due date for payment set out in it. If you do not we may charge you a late fee of $6 if you have a residential account and $6 or 1.66% per month, whichever is greater, if you have a business account from the due date until payment of the relevant amount and we may also recover from you all legal and other costs incurred by us, arising from the collection of any amount which you owe to us and which you do not pay to us when due.

Compensation and liability

15. If you are a residential customer, rights under the Consumer Guarantees Act 1993 may apply in addition to the rights set out above. If, however, you receive goods or services from us for the purposes of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.

16. If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrier's service charges.

17. We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity. These exclusions of liability also apply under the Contracts (Privity) Act 1982 for the benefit of any other carrier who allows us to use its network to provide our service to you.

18. We will accept no liability for any loss or damage, including, without limitation, indirect and consequential losses, caused by a carrier suspending or interrupting its service to us which affects our ability to provide services to you or any other cause beyond our reasonable control.

19. To the extent permitted by law none of the persons referred to in the preceding paragraph are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms.

20. This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused. If you are a residential customer, these exclusions do not affect any rights you may have under the Consumer Guarantees Act 1993.

Limitation of liability

21. To the extent permitted by law if, despite the provisions contained in the previous section, we or any other carrier is liable to you for any breach of these standard terms, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following:
a) If the breach relates to the provision of services:
- supplying of the relevant services again; or
- payment of the cost of having the relevant services supplied again; and
b) If the breach relates to goods:
- replacement of the relevant goods or supply of equivalent goods;
- repair of the relevant goods;
- payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
- payment of the cost of having the relevant goods repaired.

22. If you are a residential customer this limitation does not affect any rights you may have under the Consumer Guarantees Act 1993.

Personal information

23. You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.

24. You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.

25. We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.

26. All information held by us will be held at our offices at 162 Grafton Road, Grafton, Auckland. You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

Other terms

27. Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.

Invoices and notices

28. a) Subject to paragraph b) we will deliver our invoices and any other notices to the most recent postal address you have given us. We may assume that any such invoice or notice has been delivered five days after we have posted it.
b) Where you receive your invoice via email or internet each month, it is your responsibility to view our invoices via our web site or your email account. We may assume that any such invoice has been received by you five days after posting to you by email.
c) It is essential that if you change your postal or email address or move premises, you must inform us of this event in writing enabling us to ensure that there is no interruption in our supply of service to you. If you do not inform us of this event we will not be able to ensure continued supply of our service to you. If you contact address changes and you do not inform us of your new details, you will remain responsible for all charges that may accrue against your account at the address that your account is held against.

Assignment and delegation

29. We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.

30. We may also subcontract the performance of any of our responsibilities under this contract to anyone else.

31 You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

Terms separately binding

32. If, for any reason, any provisions of this contract cannot be enforced or relied on by either of us, all other terms of our contract with you remain binding.

Termination

33. If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you. We may also end our contract by giving you one month's written notice. Ending the contract between us in this way shall not release you from any obligations or responsibilities you owe to us.

34. You may ask us to stop a particular service or cancel this agreement at any time by calling us on 0800 640 840 or writing to us at PO Box 99 196, Newmarket, Auckland and giving us 30 days' notice. If a minimum term that is greater than this 30 day notice period applies to a service you may stop that service at the end of the minimum term or at any time after the minimum term.

35. If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.

36. On termination of our contract with you, we will cease providing our service to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our service to you.

Terms and Conditions for Promotional Rebates and Benefits