GULF INTERNET TERMS OF SERVICE
These Terms of Service were last updated on 30 September 2018
THIS IS A LEGALLY BINDING CONTRACT WHICH GOVERNS YOUR USE OF THE SERVICES. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE (OR CEASE USING) THE SERVICES, AND CONTACT US IMMEDIATELY TO TERMINATE.
1. This Agreement sets forth the terms and conditions under which you agree to use and we agree to provide the Services. Your use of Our Services after each update of these Terms of Service shows your unconditional agreement to them as set out below.
2. This Agreement consists of:
(c) the Additional Services Terms (Attachment C);
(d) the Fees Schedule (Attachment D);
(e) the Service Level Agreement (Attachment E);
(f) the Fair Usage Policy (Attachment F); and
4. A current version of this Agreement and related policies are posted online at https://www.gulfinternet.co.nz You can also request a paper copy of this Agreement for a hardcopy fee as per Attachment D by writing to Gulf Internet, 2 Belgium Street, Ostend, Waiheke Island.
5. Definitions: In this Agreement, unless the context otherwise requires:
Additional Services means email, technical support, VoIP/RBI Voice Services or any other services set out in Attachment D.
Agreement means this agreement, as described in clause 2.
Broadband Services means (as applicable to You):
(a) Wireless Broadband;
(b) Fibre-based Internet Services; and/or
(c) DSL-based Internet services (also known as ADSL or ADSL2+ or VDSL or Cable over Fibre).
Bundled Services means a combination of a Broadband Service with one or more other eligible Gulf Internet Services.
Consumer Law means (as applicable) the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
Content means content provided by Us or Our third party licensors or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format.
Cookie means a file which allows us to track and target the interests of users.
Copyright Law means the Copyright Act 1994 and any other applicable New Zealand laws.
Equipment means the modem, antenna, BUC, LNB, router and/or other hardware provided by Us for use with the Services.
EULA means an end user licence agreement.
FUP means the fair use policy set out in Attachment F.
Gigabyte means 1,000 Megabytes.
Incident means a specific, discrete problem for which We will attempt to isolate its origin to a single cause. We, in Our sole discretion, will determine what constitutes an Incident.
Monthly Plan means a plan for Services which has no fixed term, also referred to as “Open Term”.
Notice means notice given in accordance with clause 79 or 80 (as applicable).
Primary Email Address means the email address You provide to Us when applying for Services.
Server means an internet server operated by Us in relation to the Services.
Services means (as applicable to You) Broadband Services, Gulf Internet Services, software, Equipment, Content, Additional Services, technical support, email, domain name server (DNS) and related services, Websites and other products and services provided by Us under the pricing plan applicable to Your Services. The Services do not include voice telephony services.
SLA means the Service Level Agreement set out in Attachment E.
Software means provided by Us for use in connection with the Services which is owned by Us or Our third party licensors, providers and suppliers.
Standard Installation means and consists of:
(a) For Satellite Broadband:
(i)fitting standard 800mm mount and dish to roof;
(ii)laying up to 15m of cable to indoor unit;
(iii) connecting one computer via CAT-5 cable length up to 2m long;
(iv)configuring one computer to connect to the Internet; and
(v)running speed test to confirm throughput,
(b) For RBI Broadband:
(i) fitting standard 2m roof mount and outdoor unit to roof;
(ii)laying up to 10m of cable to indoor unit;
(iii)connecting one computer via CAT-5 cable length up to 2m;
(iv)configuring one computer to connect to the Internet; and
(v)running a speed test to confirm throughput.
(c) For Cable over Fibre Internet Services:
(i) connecting the apartment to Gulf Internet’s service in the building’s communication room;
(ii) connecting one device to the internet; and
(iii) running a speed test to confirm throughput.
(d) For Wireless over Fibre Internet Services
(i) installation of the Wireless Receiver on the most suitable Window;
(ii) laying up to 2m cable;
(iii) connecting one device to the internet; and
(iv) running a speed test to confirm throughput.
Terabyte means 1,000 Gigabytes or 1,000,000 Megabytes.
Term Plan means a plan for Services which have a fixed term.
We, Us or Our means Gulf Internet Limited.
Gulf Internet Services include (but are not limited to) Our Voice Over Internet Protocol (VOIP), Our Line-of-Sight Wi-Fi (LOS Wi-Fi) or Our Hotspot Service (Hotspot) or Fibre Broadband.
Working Day means a day on which banks are open for general banking business in Auckland (not being a Saturday, Sunday or a public holiday).
You or Your means the subscriber to the Services subject to the terms of this Agreement.
TERM AND ACCEPTANCE OF AGREEMENT
6. The term of this Agreement will commence on your acceptance of this Agreement and will be:
(a) month-to-month, subject to the termination provisions of this Agreement; or
(b) for the specific term for Your Services as set out in the Services Schedule, unless otherwise terminated in accordance with this agreement.
7. You accept this Agreement upon the earlier of:
(a) Your acceptance of this Agreement electronically during an online order, registration or when performing Standard Installation of the Equipment or the software;
(b) Your use of any Services; or
(c) Your retention of the Equipment or the Software we provide beyond thirty (30) days following delivery.
8. If You change Service plans, Your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
REVISIONS TO THIS AGREEMENT OR THE SERVICES
9. From time to time We will make revisions to this Agreement by Notice to you. We reserve the right to change or remove:
(a) any Services;
(b) any of the features, Content or applications of the Services,
at any time with or without Notice to You (subject always to clause 11).
10. You agree to visit the websites announcements page periodically to review any such revisions.
11. Where any changes to these terms of service may have an effect on You (including any changes to the price of the Service), where possible We will provide you a minimum of one months notice of these changes. We will tell you about any material detrimental effect by publishing the change on Our Website and/or by emailing your Primary Email Address. It is Your responsibility to check these terms regularly for any modifications or updates. Your continued use of the Services after any changes have been posted on our Website indicates Your acceptance of those changes.
12. By continuing to use the Service after the revisions become effective, You are deemed to accept and agree to abide by them.
ACCOUNT USE AND RESPONSIBILITIES
13. You confirm that You are eighteen (18) years of age or older and that You have the legal authority to enter into this Agreement.
14. You agree to promptly notify Us if Your personal or billing information changes.
15. You are responsible:
(a) for all use of Your Services and account, whether by You or someone using Your account with or without your permission, including all secondary or sub-accounts associated with your primary account; and
(b) to pay for all activity associated with your account, including without limitation all overuse charges.
16. You agree to comply with all applicable laws, regulations and rules regarding your use of the Services and to only use the Services within New Zealand (unless otherwise permitted by this Agreement or in writing by Us).
AVAILABILITY OF SERVICES
17. The Services You select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Services even if initial testing showed that your line or connectivity was qualified.
18. The availability of the Services, or the rates, speeds, or bandwidth available may change over the term of this Agreement. If We are no longer able to provide certain Services to You, We will endeavour to provide replacement Services. Additional fees and charges may apply to the replacement Services. If a Service is no longer available, there is no obligation for You to order a new Service and no early exit fees will be charged to the old discontinued/unavailable Service.
19. We will provision qualified DSL lines or wireless frequency slots or satellite frequency slots at the rate specified on the plan or maximum line rate available to your location based on our standard line qualification procedures. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Services and the type of use (e.g., streaming media), among other factors.
20. The speed of the Services will vary based on network or internet congestion, Your computer configuration, weather conditions, changes in atmospheric conditions, the condition of your telephone line and the wiring inside your location, among other factors. Where heavy network or internet congestion exists, We may in certain circumstances implement traffic shaping (without notice to You) to ensure most important internet traffic such as, but not limited to voice calls and accessing websites receive priority. This may limit the speed of Your Services.
21. Unless otherwise stated, advertised speeds refer to the maximum speed possible - actual speed depends on a variety of factors.
22. We and Our suppliers reserve the right, at any time, where possible with one week notice to You or in in emergencies without prior Notice to You, to restrict or suspend the Services to perform maintenance activities and to maintain session control.
SOFTWARE LICENSES AND THIRD PARTY SERVICES
23. We may provide You with Software and/or Equipment, for a fee or at no charge. You may use the Software and/or Equipment only in connection with the Services and for no other purpose. If We or a third party contractor are required to install any Software and/or Equipment, You agree to permit access to Us or the third party contractor for the purposes of installation.
24. We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and Software on Your computer or Equipment and You agree to permit such changes and access (by Us or a third party Contractor) to your computer and Equipment.
25. Certain Software may be accompanied by an EULA from Us or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless You first agree to the terms of the EULA.
26. For Software not accompanied by a EULA, You are hereby granted a revocable, non-exclusive, non-transferable license by Us or Our applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software.
27. You agree that the Software is confidential information of Us or Our third party licensors and that You will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Us or Our third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that We or Our third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in New Zealand only, and any export of the Software is strictly prohibited.
28. Your license to use the Software or any Additional Services will remain in effect until terminated by Us or Our third party licensors, or until Your Services are terminated. Upon termination of Your Services, You must cease all use of and immediately delete the Software from Your computer.
29. If You subscribe to or otherwise use any third party services offered by Us, Your use of such services is subject to the EULA of that third party provider. It is Your sole responsibility to review, understand and comply with the EULA of any third party services. Violation of those terms may, in our sole discretion, result in the termination of Your Service.
30. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Websites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Us, Our affiliates or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Websites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant You any rights to use such content, nor does it grant any rights to the Websites, other than the right to use the Websites according to the terms of this Agreement.
PRICING AND BILLING
31. You agree to pay, regardless of whether You or another person uses the Services, (either on a monthly or prepaid basis, as applicable):
(a) the fees applicable to Your Services; and
(b) to the extent applicable to Your Services (in particular as set out in the Fees Schedule):
(iii) recovery fees;
(iv) telephone charges;
(v) activation fees;
(vi) installation fees, de-installation fees, re-installation fees;
(vii) re-activation fees;
(viii) data over usage fees;
(ix) late payment fees;
(x) set-up fees;
(xi) equipment charges;
(xii) early exit fees; and
(xiii) any other recurring and nonrecurring charges associated with the Services.
32. We may waive any fees or charges applicable to Your Services at our sole discretion.
33. The taxes, fees and other charges detailed in clause 31(b) (above) may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by Us and may change. You also agree to pay any additional charges or fees applied to Your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and equipment charges, will be included in Your first bill. Actual mileage if applicable will be charged after the installation.
34. If You request to be billed through a third party, such as a channel partner, You give us permission to pass on necessary details about You and Your account with Us to enable the third party billing to be set up. If You have an account/membership with multiple partner companies of Us, you can choose only one of Our partner companies to get the respective special partner deal, subject to meeting eligibility conditions. Our temporary promotional offers and Our bundle deals are excluded from obtaining special partner discounts/benefits.
35. Recurring charges for monthly Services will be billed one month in advance, with any usage charges billed in arrears. Pre-paid pricing plans for Additional Services will be billed in advance. Based on Your election and subject to Our approval, We or Our agent will bill You directly. Billing for Broadband Services will automatically begin on the date of installation of Your Broadband Service is complete (Installation Completion Date). Billing for Additional Services will begin on Your Installation Completion Date if You are also ordering a new Broadband Service. Otherwise, billing for Additional Services will begin upon submission of Your order, unless otherwise noted. We may, at Our discretion, waive any fees or charges. If You cancel any component of a Bundled Services plan, the monthly charges for the remaining services on Your account will automatically convert to the applicable existing, non-discounted month-to-month service rate. If you are billed for Services in association with a Gulf Internet Channel Partner i.e. Hauraki IT or Data Cabling Solutions LTD, your Gulf Internet billing details will appear on the monthly statement provided to You by that organisation.
36. Direct Debits and Credit Cards are run by Us on the first business day (Working Day) each month. If You are set up for Direct Debit with Us and Your account has insufficient funds in it when Your Direct Debit is drawn, Your bank may dishonour the payment in which case We may charge a dishonour fee as per the fees schedule in Attachment D.
37. If any portion of Your bill is not paid by the due date, We may charge You a late fee (as set out in the Fees Schedule) on unpaid balances and may also terminate or suspend your Services without Notice. Charges for Services will still apply during periods of suspension due to overdue accounts.
38. We may evaluate your credit history before modifying or providing You Services. In order to establish an account with Us and/or obtain or modify Services, we may obtain a report from a consumer credit agency or exchange information with Our affiliates in connection with determining Your creditworthiness. If You fail to pay Your bill, we may submit a negative credit report to a credit reporting agency, which will negatively affect Your credit rating.
39. We may require that You provide us with a refundable deposit, which will be specified at the time of Your order (Subscriber Deposit). We may also require an additional deposit after activation of the Services if You fail to pay any amounts when due. Within ninety (90) days after termination of Your Services, we will return Your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
40. At Our sole discretion, We may offer You financing of Equipment purchases from Us through a third party. Any such offer is subject to the third party’s approval. We may be eligible for a commission from the third party for successful finance applications.
41. If You elect a Term Plan, You agree to maintain Your Services for the term of that plan (Term Plan).
42. For Broadband Services, Your Term Plan begins on the later of:
(a) the date you change your existing Broadband Service plan to a Term Plan; or
(b) your Installation Completion Date;
43. For Bundled Services, Your Term Plan begins once all Bundled Services have been provisioned.
44. At the end of any Term Plan You may be given the option to select a new Term Plan. If You do not select a new Term Plan, Your Service will automatically convert to a Monthly Plan at a monthly fee that may be higher than Your current rate. If you select a new Term Plan, the terms of that plan will apply.
45. When You sign up to a plan of your choice it is up to You to initiate a change with regard to any new plan should You wish to upgrade or downgrade Your Services. There are new plans launched from time to time at various rates which may be at higher or lower prices than Your Services (for similar services). If You are on a Monthly Plan, You are eligible to upgrade or downgrade Your plan any time with Notice in writing to Us, subject to the payment of any administration fee set out in the Fees Schedule. All current plan charges must be paid, prior to any plan upgrade or downgrade. We will not amend Your plan without the express written request of the account holder.
46. Monthly plans are designed to give the customer the flexibility of taking advantage of new plans as they are released to the market, we recommend that You visit Our Website from time to time to check You are on the best plan available. We will not amend Your plan without the express written request of the account holder.
47. We may suspend or terminate your Service without Notice if You fail to make payment when due.
48. You may only take advantage of one special pricing promotion during any consecutive twelve (12) month period.
TERMINATION OR SUSPENSION OF SERVICE
49. If You have a Monthly Plan, You or Us may terminate this Agreement at any time by giving 30 days Notice to the other party in writing. Activation or set-up fees paid at the initiation of Your Service, if any, are not refundable.
50. Except as otherwise set forth in this Agreement, if You have a Term Plan and Your Services are terminated:
(a) by You; or
(b) by Us in the event that you violate the terms of this Agreement,
before the completion of your Term Plan, then You agree to pay Us the early exit fee as set out in the Fees Schedule. If you terminate Services at Your location, Your existing Term Plan cannot be carried over to a new Services location without Our prior written agreement.
51. We reserve the right to change, limit, terminate, modify or temporarily or permanently cease providing the Services or any part of it (with or without prior Notice to You),
(a) if We elect to change the Services or a part thereof; or
(b) if you violate the terms of this Agreement.
52. If Your Services are terminated for any reason, You agree:
(a) to immediately stop using the Services;
(b) to pay all applicable fees (as set out in the Fees Schedule);
(c) to return all Equipment to Us at Your expense within 2 weeks of service ending following the termination (unless you have purchased the Equipment from Us). If You do not return Our Equipment within 2 weeks of the Services ending, We will invoice You for the Equipment; and
(d) that We have the right to immediately delete all data, files and other information (including emails, address book and web storage content) stored in or for Your account without further Notice to You.
MANAGEMENT OF YOUR DATA AND COMPUTER
53. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Services, and for management of your information, including but not limited to back-up and restoration of Your data. You agree that We are not responsible for the loss of Your data or the back-up or restoration of Your data regardless of whether the data is maintained on Our servers or Your device(s).
54. We reserve the right to:
(a) use, copy, display, store, transmit and reformat data transmitted over Our network and to distribute such content to multiple Servers for back-up and maintenance purposes; and
(b) block or remove any unlawful content You store on or transmit to or from any Server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
55. You agree that You are solely responsible for maintaining the security of Your computer(s) and data, including without limitation, encryption of data and protection of your user ID, password and personal and other data. We strongly recommend the use (and appropriate updating) of commercial anti-virus, anti-spyware and firewall software.
56. We reserve the right to provide an active secondary SSID on routers We provide you.
57. We automatically measure and monitor network performance and the performance of your internet connection and our network. In addition, You agree to permit Us to:
(a) access Your computer and Equipment when reasonably necessary to be able to provide our Services;
(b) monitor, adjust and record such data, profiles and settings for the purpose of providing the Services;
(c) monitor your Internet connection and network performance;
(d) access and adjusting your computer settings, as they relate to the Services.
LIMITATIONS ON USE OF THE SERVICE
58. You acknowledge and agree that We:
(a) are not responsible for invalid destinations, transmission errors, or the corruption of Your data; and
(b) do not guarantee:
(i) Your ability to access all websites, servers or other facilities; or
(ii) that the Services are secure or will meet Your needs.
59. You acknowledge that the Services will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Services by children is Your responsibility and that We are not responsible for access by You or any other users to objectionable or offensive content. We strongly recommend the use of commercially available content filtering software.
60. You understand and agree that if You enter a nonexistent or unavailable URL or enter a search term into your browser address bar, We may present You with an advanced web search page (AWS Page) containing suggested links based upon the query You entered in lieu of your receiving an NXDOMAIN or similar error message. Our provision of the AWS Page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages.
61. You are not authorized to use any Gulf Internet name or mark (without our prior written consent):
(a) as a hypertext link to any website; or
(b) in any advertising, publicity or in any other commercial manner without Our prior written consent.
62. You agree that We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public service or social network, and that We do not endorse any advice or opinion contained therein, whether or not We provide such service(s). We do not monitor or control such services, although we reserve the right to do so.
63. You represent that when you transmit, upload, post or submit any content, images or data using the Services that You have the legal right to do so and that Your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
64. Websites linked to or from the Services are not reviewed, controlled, or examined by Us and You acknowledge and agree that We are not responsible for any losses You incur or claims You may have against the owner of third party websites. The inclusion of any linked websites or content from the Services, including websites or content advertised on the Services, does not imply endorsement of them by Us.
65. If You choose to access the Websites from locations outside New Zealand, You do so on Your own initiative and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to New Zealand or the country in which You reside. We make no representation that materials on the Websites are appropriate or available for use in locations outside New Zealand and accessing them from territories where their contents are illegal is prohibited.
WARRANTIES AND LIMITATION OF LIABILITY
66. Consumers have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and We always aim to comply with these. Nothing within these terms of service shall limit these rights for consumers.
67. For consumers, in line with Consumer Laws we provide 12 month warranty on equipment You buy from Us, or a 3 year guarantee on any cabling supplied by us. We will repair or replace any faulty equipment that is under warranty and within the warranty terms; physical damage, unauthorised access or opening devices (especially where warranty seals are broken) will void the warranty. Any faulty equipment You wish to make a claim for under warranty must be returned to Us at Your cost unless otherwise specified by Us in writing to You.
68. Faulty equipment owned by Us must be returned to Us at Your expense.
69. Subject always to Consumer Law, You acknowledge and agree that the Services supplied by Us in accordance with this Agreement are provided on an "as is" or "as available" basis, with all faults. Except as otherwise specifically set forth in this Agreement and as otherwise specifically set forth in any manufacturer warranty for any Equipment provided by Us (but only if such warranty is included with such equipment), We and Our officers, employees, parent, subsidiaries, and affiliates (collectively the Gulf Internet Parties), its third party licensors, providers and suppliers, disclaim any and limit all warranties and conditions for the Services, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, compatibility of software programs, integration, and those arising from course of dealing, course of trade, or arising under statute to the maximum extent possible under law. Also, We provide no warranty of workmanlike effort or lack of negligence. No advice or information given by Us or Our representatives shall create a warranty with respect to advice provided.
70. We do not warrant or guarantee that Services can be provided to Your location, or according to a specified schedule, even if We have accepted your order for service. The provisioning of Services are subject to network availability, geographic location, circuit availability, loop length, the condition of Your telephone line and wiring inside Your location, and Your computer/device configuration and capabilities, among other factors. In the event Your line is not provisioned for any reason, neither You or We shall have any duties or obligations under this Agreement (other than your obligation to return any Equipment and pay any relevant fees).
71. We do not warrant that the Services or Equipment provided by Us will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like. We shall not be liable for loss of Your data, or if changes in operation, procedures, or services require modification or alteration of Your equipment, render the same obsolete or otherwise affect its performance.
72. In no event shall the Gulf Internet Parties or Our third party licensors, providers or suppliers be liable for:
(a) any indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue, loss of programs or information or damage to data arising out of the use, partial use or inability to use the service, or reliance on or performance of the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if We have been advised of the possibility of such claim or damages, or
(b) any claims against You by any other party.
73. Subject always to Consumer Law, the liability of the Gulf Internet Parties, or (subject to any different limitations of liability in third party EULAs or other agreements) Our third party licensors, providers or suppliers, for all categories of damages shall not exceed a pro rata credit for the monthly fees (excluding all nonrecurring charges, regulatory fees, surcharges, fees and taxes) You have paid to Us for the Services during the six (6) month period prior to when such claim arose, which shall be your sole and exclusive remedy regardless of the type of claim or nature of the cause of action. The foregoing limitations shall apply to the full extent permitted by law, and are not intended to assert any limitations or defences which are prohibited by law.
74. All limitations and disclaimers stated in this “Warranties and Limitation of Liability” section also apply to Our third party licensors, providers and suppliers, as third party beneficiaries of this agreement.
75. The remedies expressly set forth in this agreement are Your sole and exclusive remedies. You may have additional rights under certain laws (such as Consumer Laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to You.
76. To the extent that You use Your own equipment to access the Services, You warrant that You have all necessary rights and approvals to use that equipment in relation to the Services.
77. You agree to defend, indemnify and hold harmless the Gulf Internet Parties from and against all liabilities, costs and expenses, including reasonable solicitors' and experts' fees, related to or arising from your use of the Services (or the use of Your Services by anyone else):
(a) in violation of applicable laws, regulations or this Agreement;
(b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet;
(c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or
(d) claims for infringement of any property rights (including intellectual property rights) arising from or in connection with use of the Services.
78. If We use a collection agency or legal action to recover monies due to Us by You, You agree to indemnify us for all costs and expenses we incur to recover such monies, including solicitors' fees.
79. Notices required under this Agreement by You must be provided to Us at:
(a) 2 Belgium Street, Ostend, Waiheke Island, Attention: Customer Service; or
(b) transmitted via email to firstname.lastname@example.org
80. Notice by Us to You shall be deemed given when:
(a) transmitted to your account's Primary Email Address; or
(b) mailed via NZ Post to your address on file with us.
81. If you send us an email from Your Primary Email Address, you agree that Our receipt of the email is legally sufficient to verify You as the sender and the authenticity of the communication.
82. Except as otherwise provided in this Agreement, termination of this Agreement:
(a) will not affect, or release You from liability for payment or liability accrued, or act omitted or committed, before termination;
(b) will not affect Our ability to pursue whatever rights and remedies that may be available to Us under this Agreement, at law or in equity, as a result of such termination; and
(c) will not affect clauses 27, 30, 31, 66, 72, 73, 74, 75, 76, 77, 78 and 84 which will survive termination (in addition to any other clauses which by their nature necessarily survive).
83. We will not be liable for delays, damages or failures in performance due to causes beyond our reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labour-related activity, or an inability to obtain necessary equipment or services.
84. You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice (subject always to clause 11) and You agree to make all subsequent payments as directed.
85. We may, without limitation, appoint sub-contractors to provide any of the Services under this Agreement. You agree that We may pass on details about Your account with Us as far as necessary to provide the Services.
86. Except as otherwise required by law, the parties agree that the laws of the New Zealand, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. The parties consent to the exclusive personal jurisdiction of and venue in a court located in Auckland, New Zealand for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this Agreement or to the Services. Except as otherwise required by law, any cause of action or claim you may have with respect to the service must be commenced within 3 months after the claim or cause of action arises or such claim or cause of action is barred.
87. Our failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
88. Any phone calls by You to Us may be recorded for quality assurance and continuous improvement purposes.
89. This Agreement constitutes the entire agreement between You and Us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by You to this Agreement shall be effective unless agreed to in a writing signed by Us.
1. This Attachment will apply and the terms will be incorporated in the Agreement if You are a non-commercial customer.
2. The Services are consumer grade services and are not designed for or intended to be used for any commercial purpose. You may not resell the Services, use them for unreasonable high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial).
3. If You subscribe to a Broadband Service, You may connect multiple computers/devices within a single home to your modem and/or router to access the Broadband Service, but only through a single IP address issued by Us.
4. You also may not exceed the bandwidth usage limitations that We may establish from time to time for the Broadband Service, or use the Broadband Service to host any type of server. Violation of this section may result in bandwidth restrictions on your Broadband Service or suspension or termination of your Services.
Additional Services Terms
1. If you subscribe (or are automatically subscribed) to any Additional Services, the terms and conditions below apply to Your use of the Additional Services, in addition to the other terms of this Agreement.
WEB HOSTING SERVICE ("WHS")
2. If WHS is made available as a feature of the Services, you agree that you are solely responsible for all content you store on or retrieve from such service.
3. If We suspend or You or We terminate Your Services in accordance, You agree that we may immediately delete all data, files, and other content stored on your storage services, including archived data, without further notice to you. It is your responsibility to remove or copy any content stored on WHS prior to closure of your account; otherwise, it may be lost.
4. We reserves the right to access your WHS account at any time with or without prior notice to you and to disable access to or remove content which in our sole discretion is or reasonably could be deemed unlawful.
5. Use of Our email service is subject to Our email and anti-spam policies, which include important information about limitations on use of the email service such as the storage capacity and deletion of stored messages. More information is available at on the Website and these email policies are incorporated herein by reference.
6. We reserve the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other internet users, against internet threats or abuses, including viruses, spam and phishing threats. These security measures may include, but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus and anti-spyware software and blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account. By using any email service provided by Us, You agree that delivery and receipt of email is not guaranteed and to Our use of such Internet and email security measures We in Our sole discretion deem appropriate.
7. We will issue email aliases (alternate email addresses) based upon availability. You will surrender Your alias by changing it or if Your account is terminated for any reason and we will not forward emails addressed to that alias. If Your Service is subsequently reinstated we cannot guarantee Your alias will still be available to You.
8. Email service is provided by Google Inc., which is a third party beneficiary of this Agreement capable of enforcing its terms independently from Us.
PREMIUM TECHNICAL SUPPORT SERVICE ("PTS")
9. PTS is a service intended to address issues outside the scope of Our standard technical support and includes:
(a) configuration troubleshooting;
(b) evaluation of and attempts to correct software, operating systems and networking issues;
(c) virus/spyware support; and
(d) software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment.
10. All PTS services are offered in English only.
11. PTS does not support all software, equipment or internet-related products, applications or features and We reserve the right to defer support issues to your Equipment or Software vendor. PTS does not include training on equipment or software use.
12. PTS is not intended to replace the more advanced technical support that may be available from equipment or software manufacturers.
13. PTS is for incident-specific troubleshooting and problem resolution, and excludes:
(a) computer programming;
(b) Software development;
(c) warranty repairs or product replacement;
(d) support for Windows® 95 and earlier versions of Windows;
(e) support for Mac operating systems earlier than OS X;
(f) problems or issues arising out of any impermissible or unauthorized use or modification of a product; or
(g) upgrades of firmware, software, operating systems, or applications.
14. Use of PTS does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use Your software and applications.
15. In some cases, We may not be able to diagnose or resolve a problem because of complications with Your computer or its configuration. PTS is offered (if we have free capacity) as a "best efforts" service and without warranty except as specifically set forth in this Agreement. We reserve the right to refuse to troubleshoot software and hardware not on our list of supported products.
16. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that We may not have the ability to obtain the information necessary to resolve a specific technical problem.
17. If You are a subscriber to Our High Speed Internet and purchase the 30 Minute Premium Technical Support Service (30 Minute PTS), the Service is non-refundable. 30 Minute PTS has a maximum duration of 30 minutes and must be used within twenty-four (24) hours from the time of purchase.
18. In order for us to provide PTS, you must first confirm that you have:
(a) full access (including any required licenses) to the hardware and/or software that is the basis of the problem; and
(b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.
19. We are not responsible for the loss, corruption or alteration of data, software or files that may result from performance of PTS by our technicians. You also acknowledge and agree that You are the owner or authorized user of any hardware or software about which you are contacting us. PTS is only available to You and those residing at Your location and is not transferrable.
20. You agree to cooperate with and follow instructions provided by Us and acknowledge that such cooperation by You is essential to our delivery of PTS to You.
21. You hereby grant Us permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform PTS.
22. You are responsible for any and all restoration and reconstruction of lost or altered files, data, or programs, and for ensuring that any information or data disclosed to Us is not confidential or proprietary to You or any third party.
23. PTS can be purchased either:
(a) for an unlimited number of Incidents for a term beginning on the date you order PTS and continuing for the duration of the plan you selected (PTS Term Plan); or
(b) on a per-Incident basis (the Per-Incident Service Plan).
24. For the Per-Incident Service Plan, Gulf Internet will address a single Incident which shall include follow-up calls, as reasonable and necessary, regarding the Incident. Once an Incident is resolved, you may call back and obtain assistance on the same Incident for up to seventy-two (72) hours at no additional charge, after which the Incident will be considered closed.
25. Once an Incident has been closed by Us, any further calls or requests for assistance will be considered a new Incident and additional fees will apply if you subscribe to our Per-Incident Service Plan. If you purchase a PTS Term Plan and your Services is terminated by you (or by us if you breach this Agreement) before completing your Term Plan, then, upon termination of your Services, you agree to pay Us an early exit fee in the amount set forth in the plan you have chosen.
26. An Incident will be considered resolved when you receive one of the following:
(a) information or advice that resolves the Incident;
(b) information on how to obtain a software solution that will resolve the Incident;
(c) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue;
(d) information that the Incident can be resolved by upgrading to a newer release of a product; or
(e) notice that the Incident has been identified as a hardware equipment issue.
27. Our advice to You may include steps that you will need to take before the Incident can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep Your service request open for future reference when you are ready to resume the process.
28. Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is Your responsibility to consult the applicable product documentation for specific warranty information. In addition, You acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is Your responsibility to ensure that any impact that Our delivery of PTS might have on third party warranties is acceptable to You.
29. PTS is only available to You and to persons You authorize. In either case, the terms of this Agreement will apply to the PTS services we perform.
30. Our total liability arising out of PTS, or from Our negligence or other acts or omissions, if any, shall be limited, at Our sole discretion and option:
(a) to reperforming the PTS; or
(b) if consumer terms are applicable as set forth in clauses 66 to 78 of this Agreement;
except that, in the case of Per-Incident Service Plan, your remedies will be limited to a refund of the charges and fees paid for the PTS giving rise to the claim, if any. The remedies for a failure or breach of such limited warranty are exclusive.
VOICE OVER INTERNET PROTOCOL PHONE SERVICE (“VoIP”) and RBI Voice
31. We are not obliged to provide VoIP/RBI Voice unless We accept Your application (at Our sole discretion).
32. You acknowledge that VoIP/RBI Voice is not a traditional phone service and is provided on a “best efforts” basis. We will use all reasonable endeavours to make VoIP/RBI Voice available to You at all times, however things beyond Our control such as power outages may disrupt Our provision of VoIP/RBI Voice to You.
33. You accept that VoIP/RBI Voice is not required to support emergency calls.
34. You accept that VoIP/RBI Voice might not be compatible with non-voice communications equipment such as home alarms, fax machines, Sky Digital and St John Alarms.
35. You must not use VoIP/RBI Voice (or permit VoIP/RBI Voice to be used) in a way that:
(a) breaks any laws;
(b) infringes Our or any third parties rights; or
(c) is malicious, obscene or offensive.
36. You agree to provide Us with accurate and correct information so We can provide You with the necessary services or contact You if required from time to time.
37. We can suspend or restrict the VoIP/RBI Voice at anytime if:
(a) You resell any of the Services;
(b) You breach Our FUP in relation to the VoIP/RBI Voice;
(c) We believe that You have breached this Agreement.
38. You must keep secure any password or PIN number which is used by You to access the Services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask You to do so.
39. If your Services are cancelled, terminated or reallocated You will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to You by Us.
40. Any VoIP/RBI Voice phone number that We allocate to you does not become Your property and does not amount to any transfer of property rights.
41. If We need to change Your number We will send you notification by email and give You as much notice as possible, however We can withdraw or terminate any number at any time without liability.
42. You may be able to port your VoIP/RBI Voice phone number to another service provider. If You wish to do so You must contact the other service provider directly and You will be responsible for completing the porting requirements of that service provider. We will comply with Our obligations under the terms for local and mobile number portability in relation to the porting of Your number. You will be responsible for all costs associated with porting the number.
43. Phone number porting will only start once the broadband installation has been completed successfully and will take between 5-30 working days to complete.
44. If your account is inactive for more than 1 month or disconnected and You have not ported the associated phone number(s), We may (at our sole discretion) reallocate any VoIP/RBI Voice associated with Your account.
45. If you use another service provider during any period when Our VoIP/RBI Voice is not fully operational, We are not liable to pay any amount You are charged by that service provider.
46. You acknowledge that no third party whose network or services We use to supply services to You (nor any officer, employee, contractor or agent of such third party) is in any way liable to You in connection with our provision of VoIP/RBI Voice.
47. Nothing in this clause limits any rights you have under Consumer Law.
48. We reserve the right to change Our rates from time to time and We increase any rates We will give you as much notice as possible. The latest rates are available on our Website https://wirelessnation.co.nz.
49. In relation to some of the Services we provide, Our website will place a Cookie on the hard drive of your computer.
50. In addition, our website uses third party cookies from Google Analytics for Display Advertisers, including the following features:
(a) Google Display Network Impression Reporting - which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimise and tailor our advertising.
(b) DoubleClick Platform integrations & Remarketing with Google Analytics – the integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website.
(c) Google Analytics Demographics and Interest Reporting - which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.
While we recommend that You enable cookies on Your browsers in order to enjoy all the features of Our website, the decision remains in the hands of the individual. Most browsers allow You to control management of cookies. This will be different depending on each user's PC - refer to Your browser help menu for further information.
Fees in this schedule are subject to change. For latest information check Our Website. All pricing is inclusive of GST.
All Your invoices and statements from Us are emailed to your Primary Email Address and are accessible in Our online customer portal. If You wish to be sent paper copies of invoices, statements or these Terms of Services, a admin, posting and printing fee of $8.50 per invoice/statement/Terms of service copy applies.
DISHONOURD DIRECT DEBIT FEE
When You choose to pay Your bill automatically by direct debit, but your account has insufficient funds in it when your direct debit is drawn, your bank may dishonour the payment.
In this event, a dishonour fee of $25 may apply to your account with Us.
OTHER TECHNICAL SUPPORT
Limited availability: first hour or part thereof $172.50 subsequent hours or part thereof $172.50, plus Mileage of $1.15 per km
LATE PAYMENT FEE
The late fee specified in clause 37 will be $17.25 per month, or if any law prescribes a lower rate, it will be the highest rate permitted by law.
EARLY EXIT FEE FOR TERM PLAN DSL BROADBAND
ADSL/ADSL2+: Within 12 months $0
VDSL/VDSL2: Within 12 months $200
EARLY EXIT FEE FOR FIBRE AND COMMITTED INFORMATION RATE BANDWIDTH
90% of remaining term
As stated on our website at the time of installation.
MILEAGE CHARGE FOR INSTALLATION, DE-INSTALLATION AND RE-INSTALLATION
Mileage charges of $1.15 per km for return journey may apply from nearest installer's base.
If Equipment is provided and owned by US, the de-installation fee which is set at time of termination will be incurred.
Re-installation fee is set at time of equipment relocation.
A re-connection admin fee of $25 will apply to cover cost for re-activation and/or re-provisioning if Your account requires re-activation due to:
(a) suspension by Us as a result of Your breach of this Agreement; or
(b) causal suspension/”put on hold” requested by You.
NO SHOW FEE
A no show fee of $172.50 will apply if you are not present at the agreed scheduled installation time with an installer present and the installation subsequently cannot be completed. The usual charge for a new installation appointment will apply.
RBI CALL OUT FEE
A call out fee of $113.85 and $1.15 per km of travel will apply to send an installer to inspect, diagnose and test a RBI service fault.
WIRELESS OVER FIBRE CALL OUT FEE
A call out fee of $70 and $1.15 per km of travel will apply to send an installer to inspect, diagnose, re-attach a moved receiver or test a Wireless over Fibre fault.
If non-standard work is required on site, e.g. non-standard hardware configuration, cabling jack-point installation, etc. You are responsible to pay for the additional cost to the installer directly, or sign off the quotation provided by the installer. The additional cost will be invoiced by Gulf Internet Ltd. or the installer later.
(a) If an installation fails due to line of sight, there will be no charge.
(b) If an installation fails due to Your personal reasons and You reject the installation when the technician is already on site, You will be liable for all installation cost and mileage of $1.15 per km from the nearest installer base.
Service Level Agreement
AGREED SERVICE LEVELS
1. Network availability is the proportion of the time for which the network is available to originate or receive data over a given period. Network availability refers to the portion of the end-to-end service under the control of the Provider and broadly includes the links from the Internet border to the customer.
We constantly monitor our network performance and target 99.7% of network availability for each 3 months period. Outages due to fading or interference will not be added to the unavailability figure unless otherwise noted.
In rare cases outages might take longer to fix than as set out in this Service Level Agreement, in particular if:
(a) replacement equipment needs to be shipped and installed;
(b) if We depend on upstream providers in relation to the relevant service; or
(c) if the fault occurs in a remote area where installers need to travel to.
Scheduled maintenance downtimes between midnight and 7:00am are excluded in assessing network availability performance.
For residential best efforts products, we do not provide account credits for outages on our network.
For plans designed and priced for commercial use an Individual Service Level Agreement stating separate network availability targets may be made. If so, it must be agreed in writing between the parties.
Fault Reporting and Helpdesk
2. Our helpdesk is available:
(a) Monday to Friday 8.30am to 5.00pm (office hours)
(b) Saturdays, Sundays and Public Holidays 12.00pm to 11.30pm (after hours support team)
(c) 24 hour help is available for emergencies by calling (09) 372 4495 and pressing option 2
Outside these times we also monitor network performance and take action if outages occur as soon as possible.
3. Each fault will be given a Fault Priority Rating by the Customer Help Desk, in consultation with the Customer. The Fault Priority Ratings are as follows:
(a) Priority 1 (Emergency): Customer service is down at multiple sites causing critical impact to operations if the service is not restored quickly.
(b) Priority 2 (High): Customer service is down at a single site, or Customer service is severely degraded significantly impacting business operations.
(c) Priority 3 (Normal): Customer service is noticeably degraded but most operations continue.
(d) Priority 4 (Low): Customer service is not faulty but the Customer requires information or assistance on their service.
4. The Fault Priority Rating will correspond to time limits for each level to guarantee that the appropriate escalation takes place. All service difficulties and faults are to be reported to Our fault reporting service/help desk, quoting the following:
(a) Customer Name/Account number;
(b) the affected Service (including service number or circuit id, if available);
(c) a brief description of the fault;
(d) caller name and number; and
(e) the name and phone number of the site contact for site attendance.
5. We will aim to meet the response time targets set out in clause 6 of this Attachment being the time taken for the end user’s request for service to be acknowledged for each individual service. It shall be deemed to have occurred upon advice by Gulf Internet that the fault has been identified by remote diagnostics and that action has commenced to rectify the fault.
6. Response time targets:
(a) Priority 1: 1 Hr
(b) Priority 2: 4 Hr (during normal business hours)
(c) Priority 3: 8 Hr (during normal business hours)
(d) Priority 4: 24 Hr (during normal business hours)
7. The feedback process to end user shall be:
(a) Priority 1: Every 1 hour
(b) Priority 2: Every 4 hours (during normal business hours)
(c) Priority 3: Every 8 hours (during normal business hours)
(d) Priority 4: Every 48 hours (during normal business hours)
8. Network Availability will be measured in terms of unavailable time. Unavailable time includes that due to faults and unplanned outages. Unless otherwise noted, unavailability due to faults will begin from when the fault is notified to the Gulf Internet Helpdesk, to when the fault is reported as resolved.
9. Except in cases of emergency, We will endeavour to provide You with 5 working days advance Notice of any planned maintenance.
10. Planned outages that are notified do not contribute to Network Availability figures.
Target Service Restoration Time
11. Service Restoration Time is the period commencing when a service fault report is received by the Helpdesk and ends when the service has been restored. Repair occurs when the service is returned to full working order. In some cases a temporary repair may be performed to enable use of the service before permanent repair has taken place.
12. Standard Target SLA
(a) Priority 1: 8 hours
(b) Priority 2: 16 hours
(c) Priority 3: Next business day
(d) Priority 4: Three business days
13. The above restoration times may be extended by reasonable travelling time to the Your site.
Target Installation Time
14. We endeavour to complete all Satellite and RBI installations within 15 working days, however due to the complexity of these installations (impacted by ordering equipment overseas, satellite bandwidth provisioning, installer and customer availability, weather permitting installations, etc.), it may take longer and We cannot guarantee any timeframes.
15. Custom and any other installations will also be completed as soon as possible, however no guarantees can be given as We are in many cases reliant on upstream providers.
Fair Usage Policy
1. The following Policy relates to Your use of the Services. It is designed to make sure we can give You Services that are great value, fast and reliable.
2. We reserve the right to deny or restrict Your Services, or immediately to suspend or terminate your Services, if the use of Your Services by You or anyone using it (at Our sole discretion) violates the terms of this FUP.
3. You must make sure that any use of the Services, by You or anyone else via Your account, complies with Our FUP. If you (or anyone else using the Services via your account) breach this FUP, we may:
(a) give you Notice to stop or moderate the unacceptable use(s); or
(b) terminate or suspend your Services, with or without notice as we consider appropriate, under the Terms.
5. You must not use the Services for:
(a) unlawful, fraudulent, criminal or otherwise illegal activities;
(b) sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
(c) commercial purposes, unless:
(i) you are working from home as a sole trader in business on your own account; or,
(ii) you are a Business Customer and you use the service only in the ordinary course of your business; and provided that in either case, any such use of the Services is always subject to paragraph (j) below:
(d) sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, except if you are working from home as a sole trader in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations;
(e) knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;
(f) activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;
(g) activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
(h) anything that may disrupt or interfere with our network or Services or cause a host or the network to crash;
(i) launching ‘denial of service’ attacks; ‘mailbombing’ attacks; or ‘flooding’ attacks against a host or network;
(j) granting access to the Services to others not located at the premises at which the Services are connected, or, in any way reselling or re-providing the Services to third parties;
(k) making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments; or circumventing the user authentication or security process of a host or network.
6. You are responsible for ensuring that security information remains confidential, so that the network cannot be used by any unauthorised person.
7. The security information includes, but is not limited to, information controlling access to:
(a) any equipment, computer hardware systems or networks;
(b) any computer software or applications; or
(c) any other Services accessed by You in the use of either of the above.
8. You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.
9. You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.
10. If you share access with others (for example, your flatmates) any downloads they make will be counted as Your use and count towards any monthly download allowance or excessive usage.
Usage by anyone else
11. You are responsible for all use of the Services through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that we are not responsible for any of your activities in using the network.
12. It’s your responsibility to determine whether any of the content accessed via the Services is appropriate for children or anyone else in your household or office to view or use.
Excessive network or VoIP usage
13. For our VoIP services and/or for our “NO DATA CAP”/unlimited packages you can make as many local and national landline calls and/or respectively download or upload as much as you like but your usage must be within our customers' average and estimated use patterns.If we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). We also reserve the right to put your access to network in low priority queue and/or slow down or limit/manage the traffic flow to your access. In extreme circumstances, if the levels of activity don’t immediately decrease in line with our instructions after the warning, we may terminate or suspend your Services.
SPECIFIC EXAMPLES OF FUP VIOLATIONS
14. The following are examples of conduct which may lead to termination of your Service. It is a violation this FUP to:
(a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Us or any other entity, or to penetrate Our security measures or any other person's computer system, or to attempt any of the foregoing;
(b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks;
(c) intercept, interfere with or redirect email or other transmissions sent by or to others;
(d) introduce viruses, worms, harmful code or Trojan horses on the internet;
(e) engage in conduct that is defamatory, fraudulent, obscene or deceptive;
(f) violate Gulf Internet's or any third party's copyright, trademark, proprietary or other intellectual property rights;
(g) engage in any conduct harmful to Our network, the internet generally or other internet users;
(h) generate excessive amounts of email or other Internet traffic;
(i) use the Services to violate any of Our rules, policies or guidelines;
(j) use the Services in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.
COPYRIGHT INFRINGEMENT/REPEAT INFRINGER POLICY
15. We respect the intellectual property rights of third parties. You may not store any material or use Our systems or Servers in any manner that constitutes an infringement of third party intellectual property rights, including under Copyright Law.
16. In accordance with Copyright Law, it is Our policy to suspend or terminate, in appropriate circumstances, the Services provided to You if we (in Our sole discretion) deem that You have:
(a) infringed third party intellectual property rights;
(b) repeatedly infringed copyrights; or
(c) otherwise engaged in conduct which warrants such action.
17. These policies are in addition to and do not affect or modify any other rights We may have under law or contract.
18. If you believe that copyright material has been used in violation of this policy or otherwise been made available on the Services in a manner that is not authorized by the copyright owner, its agent or by law, please contact Our legal team by writing to P.O Box 91359, Victoria Street West, Auckland 1142, New Zealand, Attention: legal team.
19. We may, but are not required to, monitor Your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this FUP. You acknowledge that We shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Services, including but not limited to content that violates the law or this Agreement.
What communications do you agree to receive?
You agree to receive communication from Us relating to products, technical and account updates via email, SMS messaging and other forms of communication mediums which may be provided by the third parties.
What personal information do we collect?
The personal information We will collect from You will generally include:
Your Primary Email Address and other email addresses;
Your physical and postal address
contact numbers; and
any other information provided by You or specifically related to Your communications with Us or your use of Our Services, including information relating to the performance of Our Services.
We do not collect or retain personal information that We do not need.
How do we use your personal information?
We need to collect personal information so that we can provide Our Services and conduct Our business.
We will never sell, rent or trade your personal information to third parties.
We will not disclose your information to third parties except:
to any person engaged by Us to provide products or services on our behalf, where Your personal information is necessary for the provision of those Services. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Our authorised vendors, contractors and agents;
to debt collection agencies or credit rating agencies in case You are in breach of this agreement;
as required by any applicable laws or regulations, or in the course of legal proceedings or other investigations. Such disclosure may include, but is not limited to, monitoring of Our network consistent with applicable law. In addition, We are required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel.; or
to any other person You authorise us to disclose Your personal information to.
If you would like to opt out of receiving future communications from us (following the expiry of this Agreement) You can do so by contacting Our Privacy Officer at the contact details set out below.
Security and accuracy
We take reasonable steps to ensure personal information is:
protected against loss, damage, misuse and unauthorised access. We restrict access to personal information to those individuals who need access to this information in order to assist Us in performing Our duties and obligations in connection with this Agreement; and
accurate, up to date, complete, relevant and not misleading.
Access to personal information
You may request:
confirmation of whether or not We hold any personal information about You; and
access to any personal information that we hold.
To do so please contact the Privacy Officer at the contact details set out below.
Accuracy of information
You have the right to ask us to correct your personal information when it is inaccurate, incomplete or out of date. To do so please contact the Privacy Officer at the contact details set out below so that we can update our records.
Privacy Officer – Contact Us
If you would like to contact us about any matter relating to privacy, our details are:
The Privacy Officer, Noelene Waugh
p: (09) 372 4495
We reserve the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.