CapTel Telephone Loan Agreement

This is a legal agreement for you to loan a CapTel telephone and related equipment from us.

Please read this document carefully. If you have any questions or concerns please contact us.
  1. The Ministry of Business, Innovation & Employment ( Ministry) agrees to supply the CapTel telephone and CapTel telephone related equipment (Equipment) to you if:
    - You meet the CapTel telephone loan criteria and
    - You agree to this CapTel Telephone Loan Agreement (Agreement) and complete an Application Form for the Equipment.
  2. You agree that:
    - You are eligible to loan Ministry’s Equipment.
    - The information you have provided is true.
    - You will let us know straight away if you have a new address or phone number, or if your CapTel telephone loan criteria changes.
  3. The Ministry only loans the Equipment. The Ministry will not pay for renting a telephone line, Internet connection, or other charges associated with use of the Equipment.
  4. You agree that the Ministry is not responsible and does not owe you any money for anything caused by or resulting from anything we do under this Agreement.
  5. You agree that the Ministry is not responsible if you are unable to use the Equipment if the Equipment breaks down.

Use of the equipment

  1. The Equipment is the property of the Ministry.
    - You may use it as long as you need it.
    - You can not give it away or sell it.
    - You must not damage, break or change the Equipment.
    - You must take care of it.
  2. You must let us know straight away if the Equipment needs maintenance or is not working. The Ministry will use reasonable efforts to fix or maintain the Equipment as long as:
    - you have taken reasonable and proper care of the Equipment and
    - you send the Equipment at your cost to CSD New Zealand Ltd with a written note that you need CSD New Zealand Ltd to fix or maintain the Equipment.
  3. CSD New Zealand will not fix the Equipment if it has been intentionally damaged or lost. If you lose or damage the Equipment (including by fire or theft) you will have to pay for the Equipment to be repaired or replaced.
  4. CSD New Zealand Ltd will make reasonable efforts to supply you with replacement Equipment while your Equipment is being fixed or maintained.

Term of agreement and how to end this agreement

  1. Unless you or the Ministry end this Agreement as described in clauses 11 and 12, this Agreement begins when your eligibility to loan Equipment is approved by the Ministry and ends when you return the Equipment to us with notice that the Equipment loan is at an end.
  2. You may end this Agreement at any time by giving back the Equipment to CSD New Zealand Ltd with a written note that you want to end the Agreement.
  3. If we decide to end the Agreement, you must give back the Equipment straight away.
  4. If this Agreement ends and you do not give back the Equipment we may:
    - require you to pay for the cost of the Equipment or
    - require you to return the Equipment.

Privacy of Information

  1. We will use the information you provide to assess your eligibility to loan the Equipment. We may also use the information you provide:
    - for statistical or other purposes but your identity will not be disclosed; and
    - to pick up the Equipment if you end the Agreement or the Ministry ends the Agreement and you do not return the Equipment to us.

Contacting the Ministry

  1. If you want to contact CSD New Zealand Ltd, use the details supplied on the contact us page.
  2. If the Ministry wants to get in contact with you, the Ministry will use the address you gave us in your Application Form for the Equipment or any subsequent address that you provide.

Changes to the agreement

  1. We may change the Agreement at any time by giving you twenty (20) business days’ notice in writing.
  2. If there is a disagreement over the Agreement each Party will try to sort out any disputes under this Agreement through good faith negotiations or other informal dispute resolution.

Events outside control

  1. If an event outside your or the Ministry’s control occurs (such as an act of God, communication line failure, power failure, riot, strike, lock-out, labour dispute, fire, war, flood, earthquake or other disaster) then each party’s obligations under this Agreement will stop and only start again one the event has stopped having effect.

Assignment

  1. The Ministry may transfer to somebody else the whole or any part of our side of the Agreement you have with the Ministry.