Standard Terms and Conditions

Farmside Standard Terms and conditions

About this Agreement
Equipment
Payment and billing
Credit Checks
Termination of Service
Changes to this Agreement or the Services
Limits of liability
Safety and security
Miscellaneous
Glossary

1. About this Agreement

1.1 1.1. These Standard Terms and Conditions apply to the Services we (Baycity Communications Limited trading as Farmside and our related companies) provide to you as a consumer of the Services. Capitalised terms are as set out in the Glossary at clause 10. Our Privacy Policy also forms part of this Agreement.

1.2. Specific Terms will also apply to your particular Plans and offers. If inconsistent with these Standard Terms, the Specific Terms will apply instead.

1.3. Subject to clause 1.4, you have rights under the Consumers Guarantees Act 1993 and the Fair Trading Act 1986. Farmside recommends that you visit www.consumerprotection.govt.nz to find out more about your rights.

1.4. If you are using our Services for business use in trade or business transactions, you agree that the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 do not apply to the Services we provide to you.

1.5. You must be at least 18 years of age to take up our Services.

Contact details

1.6. We can contact you by publishing the information in a public notice, online, or by email or TXT, or using any other contact details you provide to us. Please tell us as soon as possible if any of your contact details or other information you’ve given us changes.

1.7 You can check or change your contact details by: updating them online at www.myfarmside.co.nz; sending an email to contact@fs.tractadigital.co.nz; or calling Customer Services (0800 32 76 74).

1.8 We are not responsible for any notices or emails not received by you due to your contact details being incorrect. Any notices or emails sent to the address last notified by you to us will be deemed to have been received.

1.9 For billing purposes, a primary residential address must be provided. If you are relocating, you must give us at least one month’s notice before you move, otherwise you will remain responsible for paying for the Services that we provide to your old address. You must notify Farmside Customer Services to confirm if the Service is available at the new location. A relocation fee may apply and you may be required to enter a new fixed term agreement from the date the Service is available at the new location.

Term of the Agreement

1.10. This Agreement will commence from the date your connection to the Services is created (“Service Commencement Date”).

1.11. If you have signed up for a fixed contract term, you agree to receive the Services for at least the length of that fixed period. After the fixed period, or if you have not signed up for a fixed contract term, we will provide the Services to you on a month by month basis until they are cancelled in accordance with this Agreement. Your contract term will start from the date your Service is made available to you unless specified otherwise in the Plan terms. Services will not carry over unless stated in Plan terms.

How we provide our Services

1.12. Nothing in this Agreement limits any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Subject to those rights:

(a) We’ll take reasonable skill and care to provide you with Services in a reasonable timeframe and to ensure our Services do everything we say they will. We’ll do this the best we can, but our Services depend on various factors beyond our control, such as the systems and technology we don’t own, and we cannot guarantee that they will always work perfectly.

(b) You may not receive some or all of the Services in certain areas or at certain times.

(c) We may need to temporarily suspend a Service so that we or our suppliers can carry out maintenance and development work on the Network.

(d) We are free to choose how we provide a Service and the technology used to provide it.

1.13. In some circumstances we may be required to take reasonable action in relation to any of our Services to protect our customers and effectively manage our network.

2. Equipment

Installation

2.1. You agree to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers (including your local fibre company) to obtain authorisations, licences or consents that may be required to provide Services to you and to install our Equipment at your premises.

2.2. If we need to install Services at your premises, we will arrange a time with you for the installation. If you are the Farmside account holder but do not own the premises on which the Equipment is installed, or is to be installed, you warrant that you have permission from the property owner for us, or any person authorised by us, to access the property to conduct any or all reasonable activities related to installation/repair/removal of the Equipment.

2.3. If we visit your home at the time agreed and we are not able to gain entry, we may charge you for that visit. If you are not going to be home on the day scheduled for the installation, you may nominate someone (aged 18 or over) to make decisions about the installation on your behalf.

2.4. Your phone number (local or mobile) is allocated to you by us or another telecommunications service provider. The number is not owned by you. We will not change any phone number allocated to you except where required by law, by contracts with third parties, or by causes outside our control.

Responsibility for Equipment

2.5. A Farmside connection provides Service to one single “Demarcation Point”. Our responsibility for provision of Services to you ends at the Demarcation Point. This demarcation point for Satellite, Wireless, ADSL, VDSL and Fibre Broadband is the network access port of the Equipment provided by Farmside.

2.6. You are responsible for:

(a) any problems or issues that may affect the performance of the Services or the Equipment Beyond the Demarcation Point;

(b) all of your equipment, software and associated cabling or equipment, and all costs associated with fault diagnosis or problem resolution;

(c) any home sockets and wiring in the premises where the Services are provided (and we may charge a fee to cover our costs of attending if we find there is not fault, or for faults relating to your wiring, equipment or hardware set up);

(d) ensuring that your computer meets the minimum system requirements as advised on our website from time to time, and has adequate virus protection and security; and

(e) satisfying yourself as to whether your intended applications will be suitable for use with our Services.

2.7. Where remedial work, action or onsite support is required as a result of any act or omission on your part, or due to issues not originating from the core Farmside Network or on Farmside’s side of the Demarcation Point, we may charge you for the cost of remedying the fault, as well as any non-standard charges, including travel.

2.8. Where Equipment used to provide Services to you is owned by us or third parties, you agree not to tamper or interfere with that Equipment, and to return it to us immediately on request. You understand and agree that only Farmside or our agents may carry out works or repairs on the Equipment.

2.9. We, or our suppliers will remain the owner of any Equipment unless we agree otherwise in writing. You agree that you do not have any rights, title or interest in the Equipment and that we or our suppliers may remove the Equipment at any time. You are responsible for repairing, replacing or reimbursing us for any item of that Equipment that is lost, stolen or damaged while under your control. You agree we can provide you with enhancements or new capabilities for any Equipment used for Services.

3. Payment and Billing

3.1. We (or a Farmside Channel Partner, where applicable) will send you a bill on a monthly basis by email or post.

3.2. If you elect for physical billing, we may charge you a Charge to reflect the cost of doing so.

3.3. All Charges, unless otherwise stated, include GST.

3.4. Fixed charges, effective from the date of completed connection, are calculated for a full calendar month and are payable in advance. Usage based charges (such as data overage where applicable) are calculated from the 21st of the month to the 20th of the following month and are payable in arrears.

3.5. Your invoice is due on the 15th calendar day of each month (“Due Date”) in full without deduction or set off. All payments shall be made either by credit card, internet banking or by direct debit to our nominated bank account as specified by us from time to time.

3.6. If you do not pay all of the Charges by the Due Date for payment:

(a) We can charge you a late payment fee, which reflects what it costs us to recover the money you haven’t.

(b) We may suspend or cancel some or all of your Services without giving notice to you.

3.7. You are responsible for all use of your Services, including use by any third parties, and all Charges however incurred, except:

(a) Charges incurred because of our error or negligence; or

(b) Charges for unauthorised use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).

3.8. We will not pay interest on any credit balance or security deposit in any of your accounts and can use those amounts to pay any of your outstanding Charges for any of your Services. We may charge you a reasonable fee for the administration of dormant accounts, for providing statements, for dealing with unused credit balances, or for the costs of maintaining your accounts.

3.9. If you have an outstanding debt with us, we may pass that debt to a debt collection agency who will then have the right to collect that debt from you.

3.10. Direct debits via bank account have additional requirements. Please see our Direct Debit Terms.

4. Credit checks

4.1. You agree that we can check your identity (including checking your passport and NZTA information), and check your credit status with any credit reference agency at any time.

4.2. If you do not meet our standard credit check requirements, we may restrict your Service or stop providing it you and impose a credit limit.

4.3. A credit application form must be completed by you prior to any credit being provided to you.

5. Termination of Service

5.1. It is up to you to let us know if you want to cancel your Plan or Service with us. Once you’ve told us you are cancelling, you will have to pay us for the next 30 days or up to your disconnection date, whichever is longer. During this time, we will continue to provide the Plan or Service. You can ask us to disconnect earlier, but we require at least 7 days to process a disconnection request. We will charge you for the full notice period even if you ask for an earlier disconnection.

5.2. If you’re on a fixed term contract and decide to cancel your Plan, we will charge an Early Termination Charge. If you’re cancelling because of a change that disadvantages you (under 6.2 below), an Early Termination Charge won’t apply but you will need to pay any other outstanding amounts for the Services you have with us.

5.3. If you are cancelling due to a change that disadvantages you (under 6.2 below), you’ll need to do so within a reasonable timeframe of being notified of the change to not be charged an Early Termination Charge.

5.4. In addition, we may terminate this Agreement, and suspend, restrict or cancel your Plan or Services, immediately and without notice for any reason outlined in the table below. If your Plan is cancelled, you will lose any unused entitlements on your Plan. An Early Termination Charge may apply, as outlined in the table below, depending on the reason. You agree to pay any outstanding Charges.

Reason	Early Termination Charge
The health and safety of any person or the safety and security of our Network is at risk.	No
For commercial reasons, we can’t provide the Service.	No
The Service is permanently or temporarily unavailable for any reason (i.e., if the Network needs to be reconfigured, are congested or we need to do work on them).	No
You fail to pay your bill on time.	Yes
You use our Services or Network or behave in a way (including towards our staff) that we reasonably consider to be abusive, threatening, intimidating, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent. This includes behaviour which we reasonably consider: (a) amounts to bullying, stalking, harassment, or conduct which causes harm to anyone as defined under the Harmful Digital Communications Act 2015; (b) infringes on anyone’s legal rights in any way (such as copyright) ;or (c) is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network.	Yes
You resell or resupply a Service, or use it other than for ordinary personal, domestic and household purposes.	Yes
You do not follow our reasonable instructions when using our Services.	Yes
We reasonably consider you to be a credit risk.	Yes
You are otherwise in material breach of this Agreement and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.	Yes
You fail to allow us to access your premises to perform our obligations under this Agreement.	Yes

5.5. We will terminate the Services we provide to you immediately if we have reasonable grounds to believe you have used the Services or our Network to:

(a) share, access or transmit Objectionable Material;

(b) transmit unwelcome communications (including spam and unsolicited commercial electronic messages as defined in the Unsolicited Electronic Messages Act 2007);

(c) use or transmit any spyware, viruses, or any other items which could interfere with any network, device or computer system;

(d) attempt to gain unauthorised access to any service or data that you have not been given permission to access; or (e) attempt to deceive or defraud anyone (e.g. by claiming to be someone you are not).

5.6. We may impose conditions or require payment of Charges during a suspension or for reconnecting any Services;

5.7. We may recover our Equipment from your premises (and may charge a disconnection and Equipment recovery fee, associated travel costs and any other reasonable costs incurred by us in recovering the Equipment).

6. Changes to this Agreement or the Services

We may change our Plans, Services, Charges and these Terms at any time. You may also decide to change your Services or technology. This section tells you how these changes will affect you.

6.1. Changes that are positive or neutral: When we reasonably think that these changes will be neutral or good for you (i.e., we move you to a comparable Plan or Service where we think you will be better off), we will make them straight away. We won’t necessarily tell you about these changes.

6.2. Changes that disadvantage you: If a change disadvantages you, and the change is within our control, we’ll give you 30 days’ notice of the change or where that is not practical, as much notice as possible, via email, text message, letter or by publishing the change on our website.

6.3. Changing your Plan: If you want to change your Plan or technology that your Service runs on, there might be specific terms that apply and it is a good idea to check the Consumer Specific Terms. It is up to you to let us know if you want to change your Plan or Services. There may be a transfer Charge if you are on a fixed term contract.

6.4. Moving premises: If you move premises, then you must give us at least one month’s notice before you move.

6.5. When we stop providing a Plan or Service: There may be times when we decide to stop providing a Plan or Service to you and other One NZ customers. When this happens, the agreement you have with us will stay and we may move you to another Plan or Service.

7. Liability

7.1. Nothing in this clause affects any rights and remedies you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. But if you’re using our Services for business use in trade or business transactions, then the provisions of those Acts do not apply to the Services we provide to you.

7.2. Your liability: You are liable to us for any breach of contract, except to the extent we have caused the loss.

7.3. Your limitation: Your liability is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. You agree to take reasonable steps to avoid or minimise any loss we could suffer from providing Services to you. This limitation does not apply to your obligation to pay any outstanding Charges or for any loss or damage caused by fraud, willful breach or willful damage.

7.4. Our liability: We are liable to you for any breach of contract, except to the extent that you caused the loss. We are not liable for:

(a) loss of your data;

(b) loss of profits or any consequential, indirect or special damage, suffered by you or any other person; or

(c) for any loss that is caused by something we don’t reasonably control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, pandemic shortage of suitable labour or materials.

7.5. Our limitation: Our liability is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, willful breach or willful damage.

7.6. In this clause, us, our and we means Baycity Communications Limited trading as Farmside. It does not include any related company of ours, Network Operators, our dealers, agents, contractors and suppliers (and their officers, employees, contractors and agents). This means that only Baycity Communications Limited, and none of our connected companies, partners or suppliers will be liable to you for loss or damage in connection with our Services or Equipment.

8. Safety and security

8.1. You are responsible for maintaining the security of any access codes or passwords used to access your Services or account information.

8.2. We can’t guarantee perfect security of the information passing over our Network. You are responsible for reviewing the classification information for any content you access using our Services, and for ensuring it is suitable for anyone else who has access to your Services.

8.3. You must immediately change your password if we ask you to do so.

9. Miscellaneous

9.1. Assignment: We may transfer this Agreement without notice although, if possible, we will give you notice in advance. You must obtain our written consent to transfer this Agreement which we will give where reasonable.

9.2. Intellectual Property: All intellectual property rights in the Services provided to you are owned by, or licensed by the owner to, Farmside. You acknowledge that none of these intellectual property rights are transferred to you. Any intellectual property rights and any improvements or changes to any of the Services devised or made by anyone during the time Farmside is providing the Services to you belong to us.

9.3. Jurisdiction and Governing Law: New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.

9.4. Severance: If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.

9.5. Waiver: If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.

10. Glossary

10.1. Words which start with a capital letter in this Agreement have the defined meaning set out below.

Term	Definition
Agreement	These Farmside Terms and Conditions between us and you, together with any other relevant terms and conditions that apply to your Plan.
	A third party which you have elected and agreed to receive your Farmside invoice through, including Farmlands, Farmsource, PGG Wrightson and RuralCo.
Charges	Any charges for the Services including those set out in the Plan terms which may include: the monthly charge for your Plan; any fees; any taxes, levies, or government charges relating to our Services; and any charges for ancillary Services
Early Termination Charge	The Charge that applies if you agree to take a Plan for a fixed length of time and you cancel your Plan before the end of that term.
Equipment	Equipment used to provide Services to you.
Network	The communication systems we use to provide the Services.
Network Operator	Us and any third party with which we have entered into an arrangement which provides for the passing of communications between us and that third party or an arrangement to resell wholesale services
Objectionable Material	Material or content that is classified as objectionable under the Films, Videos, and Publications Classification Act 1993, including Child Sexual Abuse Material and Terrorist Violent Extremism Content.
Plan	The bundle of entitlements for the Services you select and which we provide to you.
Services	Farmside’s consumer broadband, mobile, and landline phone services (excluding any business, corporate or government services) and any other consumer services that we or our agents may provide you.
Specific Terms	Farmside’s Broadband Terms and Conditions, Homeline Terms and Conditions, RBI Broadband Terms and Mobile Terms. There will be a set that applies to you specifically, depending on which of these Services you use.