Terms Of Service

Billing

The cost charges for each Product or Service shall be outlined in a Service Agreement and shall begin from the Commencement Date, regardless of when they begin to be used. You are liable for all Charges regardless of who uses the Product or Service.

Invoices are to be paid via Direct Debit. This can be setup via Credit/Debit Card or Bank Account. Direct Debit’s are processed as outlined in our Direct Debit Terms & Conditions and in accordance with Payments New Zealand regulations.

The customer agrees that Provex Limited may undertake Credit Checks on the customer when approving a new account or credit increase/change.

If Services are provided for a specific term and that term has ended, then we will continue to charge you on a month to month basis for that Service unless we agree to a new term. You shall remain liable for those Charges and these Terms shall continue to apply.

Part payment of any invoice will not amount to full and final settlement and the remainder of your invoice will remain due on the Due Date.

Overdue Accounts

If your account is overdue, we may at our discretion suspend any services you have with us. In the event of a default of payment, Provex will take recovery action including but not limited to removal of unpaid equipment, debt collection action, court and legal fees, and charge interest on outstanding debt at the rate of 10% per annum, interest shall be calculated and compounded monthly. All costs incurred will be payable by the customer.

This section does not apply to the portion of any invoice that is validly disputed.

Consumer Guarantees Act

Our Product(s) and Service(s) are provided to you for business purposes and you acknowledge and agree that the Consumer Guarantees Act 1993 does not apply.

Fair/Acceptable Use Policy

You acknowledge that you have read and understood Provex’s fair and acceptable use Policy that applies to Provex’s customers, available on our website at https://provex.nz/fairuse

Changes to these Terms

We may change these Terms from time to time and will provide you no less than 30 days written notice when we do so. We may further change any Service Agreement, if we are providing the same or equivalent Products or Services for the same or lower cost. If any change to our Terms or Service Agreement substantially reduces the benefit of the Services to you (assessed on an objective basis), then with our agreement that the change will have or has had such an impact on you, you may elect to terminate the affected Service without penalty or fee.

Termination

We require 30 days written notice for the termination of any Service. If that Service is being provided to you for a specific term and you cancel within that term, then you must also pay us any applicable early termination fees to cover any costs/losses that Provex will suffer in such circumstances, as explicitly stated in the Service Agreement and/or Service Terms for relevant services terminated.

Without limitation to any other rights available to it, we may terminate Services to you without notice if any invoice is more than 3 months overdue in payment.

Our Equipment

We may supply and install any equipment needed to provide the Services. Acquiring our Products or Services does not give you any proprietary rights to any part of our network or equipment. You agree to provide a safe and secure operating environment for our equipment; follow our directions when connecting anything to our network or equipment; not damage or interfere with our equipment; and notify us as soon as reasonably practicable if there is any failure of or damage to our equipment. 

You agree to pay for any damage or loss to our equipment caused by any reason other than normal wear and tear.