Terms & Conditions
Effective Date: January 01, 2020
Welcome to iFusion Limited ("Company," "we," "us," or "our"or”supplier”). These Terms and Conditions ("Terms") govern your use of our services, including but not limited to surveillance CCTV systems, security alarms, Wi-Fi coverage, voice & communication system and other ICT-related services ("Services"). By engaging with our Services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
1.
SERVICES pROVIDED
We provide the following Services:
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Installation, maintenance, BUT NOT monitoring of surveillance CCTV systems.
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Installation and maintenance of security alarm systems.
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Wi-Fi coverage and network solutions.
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Voice & Communication Systems (VoIP, Public Addressing, Bells)
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Other ICT-related services as agreed upon with the Customer.
2.
MAINTENANCE aCCESS
To ensure the proper functioning of the systems and Services, we require future access to your systems for maintenance, updates, and troubleshooting. By agreeing to these Terms, you grant us the right to access your systems remotely or on-site as needed and can be revoked upon request.
Privacy Assurance:
We respect your privacy and will not access or view any private footage or data from your surveillance systems without your explicit permission, except in the following circumstances in accordance with the Privacy Act 2020:
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When necessary for system maintenance or troubleshooting.
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When required by law or legal authority.
3.
oWNERSHIP OF dEVICES
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Paid Devices: Once full payment is received, ownership of the devices and equipment installed at your premises transfers to you. You will receive full administrative control upon payment, including web login credentials.
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Unpaid Devices: Any devices or equipment that remain unpaid for, either in full or in part, remain the property of iFusion. We reserve the right to reclaim such devices if payment is not made within the agreed timeframe.
4.
Service Termination and Removal of Hardware
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Unpaid Services: If you fail to make payments for the Services or devices as agreed, we reserve the right to terminate your access to the Services without prior notice.
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Removal of Hardware: In the event of unpaid devices or Services, we may remove the hardware from your premises at your expense. You agree to allow us access to your premises for this purpose and will be responsible for all costs associated with the removal.
5.
Payment Terms
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Payment for services and devices must be made in accordance with the agreed payment schedule based on the quote, or contract, or invoice or any communication method.
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Late payments may result in suspension of Services or additional fees as outlined in your service agreement.
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Interest may be charged on any overdue amount at the rate of 2.5% per month or part month thereof
6.
Limitation of Liability
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We are not liable for any damages, losses, or claims arising from:
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Unauthorized access to your systems by third parties.
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Interruptions or failures in Services due to factors beyond our control (e.g., power outages, internet service provider issues).
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Your failure to comply with these Terms or misuse of the Services.
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The Customer shall allow the Company access at reasonable times to carry out the tests or any necessary service and shall not allow other persons access to the system or installation for inspection or maintenance purposes. Where any item directly or indirectly the subject of these terms and conditions is interfered with or worked upon without the Company’s prior consent, or any work which is obliged to be done by persons other than the Company is not done, and as a result thereof either directly or indirectly goods or systems fail to perform or fail to perform properly or fail to perform the purpose for which they or it were acquired and loss or damage occurs then:
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The Company shall be under no liability to the Customer for any loss or damage.
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The Customer shall indemnify the Company and agree to keep it indemnified at all times hereafter against all loss, damage and expenses arising from any claims or demands made against the Company by any third party in respect of any loss or damage so arising.
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The Supplier does not represent nor warrant that the Service provided will prevent breaches of security or burglary, and the Supplier shall not be liable to the Customer for any loss or damage caused by a Force Majeure Event.
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To the extent that the Customer is a “consumer” for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, nothing in these terms will limit the Customer’s rights under those Acts.
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Subject to clauses above, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise outside this Agreement are excluded.
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Subject to clauses above, in no event shall either party, including its officers, directors, and employees, be liable to the other party, or any third party, for any special, indirect or consequential loss, including, but not limited to, damages for loss of use, loss of time, inconvenience, commercial loss, lost profits, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if such party or third party has been notified of the possibility of such loss or damage.
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Notwithstanding clauses above, if either party is found to be liable to the other party (whether under the express or implied terms of this Agreement, in negligence, or otherwise at common law) for any costs, loss or damage suffered by the other party, however caused and of whatever nature, arising out of or connected with the performance or failure of performance of this Agreement then the maximum amount of that liability in total for the aggregate for all such claims against the relevant party shall be no greater than the annual Service Fees.
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The liability of one party to the other party in connection with any claims, losses, damages, liabilities, costs and expenses shall be reduced proportionately to the extent that any act or omission of the other party, their officers, directors, employees and/or contractors (whether amounting to a breach of this Agreement or not) has contributed towards any such loss or damage. The Supplier shall notify the Customer as soon as practicable of any anticipated delay due to a Force Majeure Event. The performance of the Supplier’s obligations and Customer’s obligations under this Agreement will be suspended for the period of the delay due to a Force Majeure Event.
7.
Customer Responsibilities
You agree to:
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Provide accurate information necessary for the installation and maintenance of the Services.
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Notify us of any issues or malfunctions in a timely manner.
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Ensure that your use of the Services complies with all applicable laws and regulations.
8.
Suppliers Rights and Obligations
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The Customer will not require the Supplier to provide performance records, history or other reports to anyone other than the Customer.
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The Supplier can record all telephone conversations to and from the Central Station and the Customer hereby and irrevocably authorises and agrees to the same.
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If the Supplier receives a signal from the Customer’s Security System which indicates or suggests the presence of a malfunction or fault in that system the Supplier shall be entitled (but not obliged) to treat the signal as an actionable alarm signal and respond in accordance with the Customer’s Instructions.
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The Supplier may sub-contract all or any part of the obligations outlined in this Agreement with the prior written permission of the Customer.
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If the Customer does not make any payment of monies, charges, costs or fees by the due date, in whole or part, the Supplier may bring any action including but not limited to charge overdue interest; charge for costs of debt collection and ancillary amounts; charge for solicitor’s fees and costs incidental thereto; or stop providing any further services.
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The consequences set out in clause above may be used singularly or in conjunction with another. The exercise of such a remedy does not limit the rights of the Supplier in law, contract or otherwise.
9. Confidentiality
We will treat all information obtained during the provision of Services as confidential and will not disclose it to third parties without your consent, except as required by law.
10.
Amendments to Terms
We reserve the right to update or modify these Terms at any time. Any changes will be effective upon posting on our website or notifying you directly. Continued use of our Services after such changes constitutes your acceptance of the revised Terms.
11.
Privacy Act 1993
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The Customer agrees that the Supplier may in the performance of the Services obtain personal information about the Customer and the Customer consents to any person providing the Supplier with such information
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Any personal information provided by the Customer will be used in accordance with the Supplier’s privacy policy which is set out at www.ifusion.co.nz
12.
Dispute Resolution
1. Negotiation:
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If a dispute arises between the parties, either party may notify the other in writing, detailing the nature of the dispute.
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The parties agree to use their best efforts to resolve the dispute through good faith negotiations within 14 days of receiving the notice.
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The notice must be sent via email or registered post to the other party’s designated contact address.
2. Mediation:
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If the dispute is not resolved through negotiation, the parties agree to refer the matter to mediation.
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The mediation will be conducted by a mutually agreed mediator or, if no agreement is reached, by a mediator appointed by the New Zealand Dispute Resolution Centre or another recognized mediation service.
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The costs of mediation will be shared equally between the parties unless otherwise agreed.
3. Arbitration:
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If mediation fails to resolve the dispute, the parties agree to refer the matter to binding arbitration in accordance with the Arbitration Act 1996.
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The arbitration will be conducted by a single arbitrator appointed by the New Zealand International Arbitration Centre or another recognized arbitration body.
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The arbitrator’s decision will be final and binding on both parties.
4. Legal Action:
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Neither party may initiate legal proceedings (except for urgent injunctive relief) unless the dispute resolution process outlined above has been followed.
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If a party initiates legal proceedings without first complying with this clause, the other party may apply to the court for a stay of proceedings until the dispute resolution process is completed.
13.
Force Majeure
Definition:
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A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the parties, including but not limited to:
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Natural disasters (e.g., earthquakes, floods, fires).
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Acts of war, terrorism, or civil unrest.
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Government actions, laws, or regulations.
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Pandemics, epidemics, or public health emergencies.
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Strikes, lockouts, or labor disputes.
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Utility failures, internet outages, or other infrastructure disruptions.
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Any other event that is unforeseeable, unavoidable, and outside the control of the affected party.
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Effect of Force Majeure:
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If a Force Majeure Event occurs, the affected party will notify the other party in writing as soon as practicable, detailing the nature and expected duration of the event.
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The affected party’s obligations under this agreement will be suspended for the duration of the Force Majeure Event.
Termination:
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If a Force Majeure Event continues for more than 30 days, either party may terminate this agreement by providing written notice to the other party.
Exclusions:
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A Force Majeure Event does not relieve the Customer of their obligation to pay for Services already provided or expenses incurred by the Supplier.
14.
Consumer Rights
1. Consumer Guarantees Act 1993:
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If the Customer is a "consumer" as defined under the Consumer Guarantees Act 1993, nothing in these Terms limits or excludes the Customer’s rights under that Act.
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The Supplier guarantees that the Services will be:
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Provided with reasonable care and skill.
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Fit for their intended purpose.
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Delivered within a reasonable time.
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If the Supplier fails to meet these guarantees, the Customer may be entitled to:
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A remedy under the Consumer Guarantees Act 1993, including repair, replacement, or refund.
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Compensation for any reasonably foreseeable loss or damage.
2. Fair Trading Act 1986:
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The Supplier will not engage in any misleading or deceptive conduct in connection with the Services, as prohibited under the Fair Trading Act 1986.
3. Limitation of Liability:
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To the extent permitted by law, the Supplier’s liability for any breach of the Consumer Guarantees Act 1993 or Fair Trading Act 1986 is limited to:
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Resupplying the Services; or
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Paying the cost of having the Services resupplied.
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The Supplier will not be liable for any indirect, consequential, or incidental damages (e.g., loss of profits, business interruption) arising from a breach of these Acts.
4. Non-Consumer Customers:
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If the Customer is not a "consumer" under the Consumer Guarantees Act 1993, the guarantees and remedies under that Act do not apply.
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In such cases, the Supplier’s liability is limited to the maximum extent permitted by law.
15.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
iFusion Limited
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Ph: 092222585
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Email: sales@ifusion.co.nz
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Web: www.ifusion.co.nz
16.
rEAD AND uNDERSTAND
By using our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.