Care Plan Terms & Conditions
We would have preferred warmer and softer language but it would have meant a document the size of a door stop to precisely cover what the insurers and legal advisers wanted. In the end we opted for precise language and a shorter document rather than sending you to sleep for a long time.
The Legal Stuff
1 Adagium Care Plan Terms of Service
1.1 These terms of service constitute the agreement between Adagium Limited (we or us) and the end user (you, your or customer) of Adagium Care Plan services. By purchasing and using the Care Plan services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.
1.2 Additional terms may apply to your use of some of our Care Plan services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.
2 Our Care Plan Services
2.1 For your customer equipment listed in Schedule A our Care Plans provide the managed support services set out in 2.1 i) through iv):
i) remote maintenance of the desktop and cordless phone equipment’s firmware, softphone client and Microsoft Teams Small Business Voice software at the latest stable level;
ii) remote back up and or retention of deskphone, cordless phone hardware and softphone configuration to facilitate fault servicing and or equipment replacement;
iii) next business day replacement of a failed equipment with the same, equivalent or higher specification equipment. We may also replace equipment if a fault cannot be resolved in a reasonable time period;
iv) reporting of equipment faults is available 24 hours, 7 days a week either by telephone to 09 445 3802 or by email to help@adagium.co.nz. Fault calls will be responded to between the hours of 08:30am and 05:00pm on business days as observed in the Auckland region. We will endeavour to respond to fault reports by the next business day.
2.2 Where equipment is replaced you are to return the equipment to us within seven (7) days using both the same packaging as the replacement equipment arrived in and the pre-paid and addressed courier tickets sent with the replacement equipment. If you do not send the failed equipment back we will charge you the standard retail price of the replacement equipment.
2.3 Replacement of equipment that has failed as the result of accident, neglect or abuse is not covered by our Care Plans.
2.3 Our Care Plan managed support services are delivered by remote means only. Any visits to your site will be charged at our standard published rates.
2.4 Adagium uses the services of its collaboration partner, IFM Limited, in the provision of Care Plan services.
2.5 We are not obliged to provide Care Plan services unless we accept your application. We can decide whether or not to accept any application or provide Care Plan services in respect of any item of customer equipment.
3 Charges and payment
3.1 All Care Plan services are offered on a prepay basis. You will be billed monthly in advance for Care Plan services provided to you and pay time and materials on terms provided for all other services and charges.
3.2 We only accept payment via online banking, either by electronic transfer or by automatic payment. We do not accept payment by cash, cheque or any other method for Care Plan services.
3.6 We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.adagium.co.nz.
3.7 You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
3.8 If you wish to raise a billing dispute you must notify us by email at accounts@adagium.co.nz.
4 Using our Care Plan
4.1 You must not use our services (or permit our services to be used) in a way that breaks any laws or infringes anyone’s rights.
4.2 You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
4.3 We can suspend or restrict Care Plan services we provide you at any time if:
i) you resell any of our services;
ii) we believe that you have breached any of our terms and conditions;
iii) you do pay your account by the due date.
4.4 You will reasonably assist in following directions to fix an equipment.
4.5 We may need to install a software agent on the equipment listed in Schedule A or on one of your computers so that we can provide remote access to your equipment in delivering the Care Plan services. You will permit us and our contractors when we reasonably require to install such software and to have remote access to perform the Care Plan services.
5 Term
5.1 We can terminate this agreement, or the provision of any Care Plan service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
5.2 If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
5.3 You can terminate your Care Plan by emailing to accounts@adagium.co.nz. We require 30 days’ notice of your request to terminate your Care Plan.
6 Liability
6.1 We exclude all of our liability to you in connection with us providing Care Plan services to you or failing to provide Care Plan 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):
i) if any communication is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any delay in commencing the provision of services;
iv) for any incompatibility with other services;
iv) if any software or equipment we supply does not operate properly;
v) if your computer becomes affected by any virus or worm.
6.2 We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
6.3 If you use another service provider during any period when our service is not fully available, we are not liable to pay any amount you are charged by that service provider.
6.4 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.
6.5 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.
6.6 If you are acquiring the Care Plan services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Care Plan services we provide to you under this Agreement.
6.7 If you are acquiring the Care Plan services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 8.5, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
7 Privacy
7.1 We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, postal address, email address, and contact phone numbers.
7.2 You agree that personal information that we have obtained from you can be shared with our collaborative partner, IFM Limited, and our contractors, for the purpose of delivering the Care Plan services. We may also share your information with public sector agencies in order for them to investigate an offence.
7.3 Any personal information we collect is kept at our offices in Auckland. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
7.4 We may record or monitor calls between us to verify information and for staff training purposes.
8 Changing these terms
8.1 We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.adagium.co.nz.
9 Notices
9.1 Adagium will communicate with you primarily via email. Notices to you will be sent to the email address specified by you. We may also obtain personal information from your use of our services.
9.2 If your contact email address changes you must advise us of the new details as soon as possible.
9.3 You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.
10 Other Matters
10.1 These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
10.2 You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
10.3 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.