Terms of Trade

These Terms of Trade apply to all software and support services provided by designcom systems ltd ("we", "us", "our", "dcom") to our customers ("you", "your"). By using our services, you agree to these terms.

1. Services

  • We provide software and maintenance services for the telecommunications industry, as agreed with you in writing (for example, via a proposal, contract, or email).
  • Services are generally provided on a software licence basis and invoiced monthly.
  • We will use reasonable skill and care in delivering our services.

2. Fees and Payment

  • Software licence fees and other charges are invoiced monthly in advance unless agreed otherwise.
  • Payment is due the 20th of the month following the invoice date.
  • If payment is late, we may suspend services until the account is brought up to date.
  • Prices exclude GST, which will be added where applicable.

3. Term and Termination

  • Services continue month to month unless otherwise agreed.
  • Either party may end the agreement with 60 days written notice.
  • We may end the agreement immediately if you breach these terms and fail to fix the breach within a reasonable time.

4. Software and Intellectual Property

  • You are granted a non-exclusive, non-transferable licence to use our software for your own business purposes during the licence period.
  • All intellectual property in our software and related materials remains ours (or our licensors).
  • You must not copy, modify, resell, or distribute our software without our written consent.

5. Data Protection and Privacy

We take data security and privacy seriously.

  • Your data: You own all data that you input or upload into our systems. We do not claim ownership of your data.
  • Use of data: We will only access, process, or use your data to deliver the services, resolve support issues, comply with law, or with your permission.
  • Data security: We will take reasonable steps, in line with good industry practice, to protect your data from loss, misuse, unauthorised access, disclosure, or alteration.
  • Privacy compliance: We comply with the New Zealand Privacy Act 2020 and other applicable data protection laws.
  • Data location: Unless otherwise agreed, your data may be stored in New Zealand or in secure cloud data centres overseas that meet accepted security standards.
  • Data retention: On termination of services, we will provide you with a copy of your data if requested within 30 days. After that, we may securely delete it.

6. Confidentiality

  • Both parties must keep each other's confidential information private and only use it for the purposes of this agreement.

7. Liability

  • We will do our best to ensure our software and services work as intended, but we do not guarantee they will always be error-free or uninterrupted.
  • To the maximum extent permitted by law we are not liable for indirect or consequential loss (such as loss of profit, revenue, or data).

8. General

  • These terms are governed by New Zealand law.
  • Any disputes will be dealt with in the New Zealand courts.
  • If any part of these terms is held to be unenforceable, the rest remains in force.

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