You have asked for, and we have agreed to provide, mailhouse services from New Zealand Post Limited (“Services”). These Service Terms, and the current version of our General Terms, together form the agreement with you to provide the Services. Please read them carefully – the current version of the Service Terms applies whenever you use the Services. If the Service Terms are not consistent with the General Terms, the Service Terms have precedence for these Services.
By starting to use the Services, you are deemed to have accepted the General Terms and these Service Terms. No amendments proposed by you apply, unless different terms are specifically agreed with you in writing by one of our General Managers.
Service terms & specifications
- The Services and their specifications, and any special conditions applying to those Services, are set out the relevant Service Schedule. If we agree with you to provide other Services to you under these Service Terms, we will provide to you the relevant Service Schedule for those Services.
- Your rates for each Service are set out in the relevant Service Schedule. Any charges for setting up the Services must be paid as set out in the relevant Service Schedule.
- We may change the rates:
- at any time in accordance with clause 9 of these Service Terms;
- annually, up to the amount of the change in the Consumer Price Index (all groups) in the previous four calendar quarters before the review date. Any such change in our rates will be effective from the anniversary of the relevant Service Schedule;
- at other times if the cost of supply from a third party materially increases. We will try to give you at least 2 months’ notice of any change under this clause.
- As noted in clauses 9 and 11 of the General Terms, if you don't want to pay the new prices, you can stop using our services from the date the new prices apply, but the termination fee in clause 12 may apply.
Our liability to you
- We will only be liable to you for damages for any breach of these Service Terms to a maximum of $50,000 in any 12 month period.
- If you intend to make a claim, you must give us notice of the claim within 90 days after the supply of the Services giving rise to the claim.
- Once we have sent your data (whether sent electronically out of our system, or physically passed to a third party), we are not liable to you for any loss or corruption of or damage to the data.
- If your act or omission prevents or delays us from performing the Services, we may suspend those Services until you remedy the issue.
- If any assumption set out in the Service Schedule is or becomes incorrect or inaccurate (a variance of +/-15% or more), we will provide the Services as soon as reasonably practicable, but will not be liable to meet the service levels. If the change in assumption(s) remains inaccurate, we may amend the rates or service levels to reflect the new information.
Your responsibility to us
- You must make sure that:
- you provide all artwork, documents, and consents, and access to the your site(s), necessary for us to carry out the Services; and
- you retain a backup copy of all data provided to us on which we perform the Services.
You can stop services
- Each Service has a minimum period as set out in the relevant Service Schedule, due to the setup arrangements required, so you agree to receive and pay for the Service for that period. After the minimum period, the Service continues until terminated by you or us
- You may cancel the Service before the end of the minimum period by paying the termination fee set out in the relevant Service Schedule. You may cancel a Service without paying the termination fee if we:
- materially breach the Service terms, in which case you may give us 10 days’ notice and then stop using the relevant Service;
- materially change the service specification, price or Service Terms and you don’t agree with the change, in which case you may give us notice and stop using the relevant Service from the date of the change; or
- we have been unable to provide the Service for more than 2 weeks if it has not been reasonably practical for us to do so because of an event outside our control.
Confidentiality & intellectual property
- We will keep your material (including data) as secure as we keep our own material, while it is in our possession.
- All data provided to us, held or generated by us as part of the Services is your property. We will not use it except to provide the Services.
- Any intellectual property existing when we start providing the Services to you, if owned by you remains yours, if owned by us remains ours, and if licensed by either of us from another person, remains that person’s property. ‘Intellectual property’ includes copyright, inventions, patents, trade marks, domain names, and database rights.
- Any intellectual property developed by either you or us while performing the Services will be owned by us, unless the Service Schedule provides otherwise.
- We license you to use our intellectual property and you license us to use your intellectual property, as necessary to receive the benefit of or perform the Services.
- We warrant to you that your use of the Services and our Intellectual Property as authorised by us will not breach anyone else’s intellectual property rights. You warrant to us that our use of your Intellectual Property and data will not breach anyone else’s privacy or intellectual property rights.
Mailhouse Service Schedules apply for:
- Print & Mail Aggregation & Processing
- Print & Mail Processing
- VRetrieve (Archive Storage)
- VPost (Email Distribution)
Download a PDF copy of these Service Terms (PDF - 281KB)
Last updated: 10 September 2018