Conditions and Obligations
- 1.1 In these terms, "we", "our" and "us" means WorldNet Services Limited, "you" means our customer and "services" means all the services that we provide to you.
OUR LIABILITY TO YOU
- 2.1 Set out below are the main terms of our agreement with you. Additional terms apply to some of our services.
- 2.2 If you do not agree to be bound by all of the Service Agreement at any time you must immediately cease use of the services and must send a written notice of account cancellation to us.
- 2.3 We reserve the right to modify the Service Agreement, the services or the fees charged for any of its services at any time. Such variation will become effective 30 Days after notice of the variation on our web page (http://www.world-net.co.nz/).
- 2.4 Each part of the Service Agreement is severable from the remainder. If any part is proven illegal, void, invalid or unenforceable, the legality, effectiveness and validity and enforceability of the remainder of the Service Agreement still apply.
- 2.5 Some of our services may require minimum term of the Service Agreement.
- 2.6 You must be at least 18 years old. If you are under 18 years old, permission from a legal guardian is required.
- 3.1 All Services under the Service Agreement are provided "as is" without any warranty or representation of any kind.
- 3.2 We cannot guarantee that our service will be fault free or continuous. We are not liable for any inconvenience or loss of revenue you may suffer as a result of the downtime.
- 4.1 You must use the Services for lawful purposes only and comply with all applicable laws relating to your use of the Service.
- 4.2 You agree to notify us immediately of any change of your address, phone number or preferred contact email address.
- 4.3 You must make sure that all information you give us about yourself is correct.
- 4.4 You must comply with "Acceptable Use Policy".
- 4.5 You agree to make sure that anyone else who uses the Services that we provide to you also abides by the terms of this agreement.
- 4.6 You must comply with any terms and conditions of Third-Party Service Provider(s) applicable to the access or use of the Service.
- 4.7 If we install Services at your home and you live in rented premises then you agree to ensure that your building owner or manager has agreed for us to install our Services at those premises.
SUSPENSION OF SERVICES
- 5.1 You must pay all charges for the Services on their Payment Due Date. We reserve the right to demand payment for charges other than those specified in the Services in the event that additional time and resources are reasonably utilised in order to provide the Service.
- 5.2 If full payment of a charge has not been made on its Payment Due Date, we may charge a penalty fee of $10, interest on all sums outstanding at the rate of 5% per month from the Payment Due Date to the date full payment is received, any costs that are incurred by us (including our agents) in recovering the money you owe us and legal costs.
- 5.3 If you do not query any charge stated in an invoice within 10 Days of the date of the invoice then you will be deemed to have accepted the invoice.
- 5.4 All payments are non-refundable unless specified.
- 5.5 You must not withhold payment of any amount set out in an invoice, regardless of whether You believe there is a mistake.
- 5.6 Fixed monthly fees will be invoiced in advance unless stated otherwise.
- 5.7 Payment must be made by credit card or direct debit. Other payment methods may incur additional administration fee for each transaction. If there are insufficient funds available to meet debits from your account, it will incur a minimum $2.50 administration fee per transaction. We are not responsible for any charges or expenses (e.g. erroneous account information, on-site visit, etc) resulting from charges invoiced by WorldNet Services Limited.
- 5.8 Invoice sent on monthly basis by electronic mail only. A minimum $2.50 per invoice will be charged if you require paper invoices to be posted monthly.
- 5.9 We reserve the right to impose a credit limit on your account at our discretion.
- 6.1 We may suspend, disconnect or discontinue the Service in whole or in part at any time without notice and without compensation if in our reasonable opinion:
- i. any Network or Equipment fails or requires maintenance;
- ii. You do not comply with any of the terms of the Service Agreement or a Third Party Agreement.
- 6.2 We may charge for reconnection or resumption of the Service and require revised terms and conditions following such suspension, disconnection or discontinuance.
- 7.1 You may terminate the Service Agreement at the end of your billing cycle with at least 30 days advance written notice.
- 7.2 We may charge Early Termination Fee or Standard Service Fee for the serviced period if you terminate the Services Agreement within minimum term.
- 7.3 Upon termination of your access to the services, all payments due by you to us under the Service Agreement will be immediately due and payable.
- 7.4 We may terminate the Service Agreement or the supply of any Service in whole or part by giving written notice to you with immediate effect if:
- i. You fail to pay us a charge by its Payment Due Date; or
- ii. We have reasonable cause to believe that you are unable to pay your debts as they fall due
- 7.5 We reserve the right to refuse subscription to any services without giving a reason for such refusal.
- 7.6 We only accept cancellation by fax, postal mail or electronic mail. It is your responsibility to ensure all cancellation requests are successful.
- 7.7 Charges for the full month will apply, even if you
- i. Did not use a Service at all
- ii.Terminate a Service part way through the period for which you have been billed unless we agree otherwise.
- 8.1 Phone Services
- 8.1.1 In these terms, "the Number" means any kind of telephone number that we provide to you, "Business Phone Service" means any kind of phone service we provide to you as a business user and "Home Phone Service" means any kind of phone service we provide to you a residential user, for your personal, residential, non-business and non-professional use.
- 8.1.2 You must not resell or transfer any kind of Phone Service to any other person for any purpose, or make any charge for the use of the Phone Service, without express written permission from us.
- 8.1.3 You must not use the Home Phone Service for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns.
- 8.1.4 You agree that the use of the Home Phone Service provided to you by any other person for any business or governmental purpose will obligate you to pay the higher rates for business Service on account of all periods, including past periods, in which you use, or used, the Service for business or governmental purposes.
- 8.1.5 You must not use the Business Phone Service for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting.
- 8.1.6 You must provide the correct physical address, where the Service will be installed and used, to be tracked down in case of 111 emergency service. It is your obligation to inform us the updated address in case of moving premises. You will be responsible for all losses or damages arising from incorrect address and contact information.
- 8.1.7 The Number shall be leased and not sold to you.
- 8.1.8 You shall not obtain any rights, title or interest in the Number.
- 8.1.9 We reserve the right to change, cancel or move the Number at our discretion.
- 8.1.10 Upon expiration, cancellation or termination of any Phone Service, you shall relinquish and discontinue use of any phone numbers, features and add-on features.
- 8.1.11 You should not dial the local access code when you want to make a free local call. Otherwise standard toll rate applies.
- 8.1.12 You agree that you are responsible for any toll call charges incurred on your account, including unintentional or unauthorised calls.
- 8.2 Internet Services
- 8.2.1 In these terms, "Internet Service" means any kind of Internet access service we provide to you.
- 8.2.2 Urban and Non-Urban areas are subject to the terms and conditions defined by Telecom New Zealand.
- 8.2.3 Due to the complex nature of the Internet service, availability, underlying infrastructure and other provider to deliver the data, we may not be able to provide the Service or plan speeds to everyone.
- 8.2.4 The Service quality can vary depending on location, line quality, wiring, Internet traffic and other factors beyond the control of WorldNet Services Limited. We cannot guarantee that our Service will always be available and stable.
- 9.1 You agree that we can use your personal information:
- i. To provide Services; or
- ii. To invoice; or
- iii. For credit checking; or
- iv. For collection purpose of overdue account; or
- v. To send marketing materials, electronic or otherwise
- vi. To directory assistance or White Pages on your request
- 9.2 You agree that we may record or monitor calls to us for training purposes and to improve service quality.
ACCEPTABLE USE POLICY
WHAT YOU CANNOT USE THE SERVICE FOR
- 1.1 If you have an agreement with WorldNet for a Service that includes or incorporates this Acceptable Use Policy, you must comply with this Policy when you use that Service.
- 1.2 We reserve the right to modify this Acceptable Use Policy without notice.
- 2.1 You are not authorised to access our computer systems or networks for any purpose other than to use the Service.
- 2.2 You must not use the Service which results in you or us breaching, or being involved in a breach of a law, Copyright Act 2011, interfere with the proper operation of the Service or any other part of our network or systems.
- 2.3 You must not use the Service, attempt to use the Service or allow the Service to be used:
- 2.3.1 Virus and denial of service attacks
in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is ours or anyone else's).
- 2.3.2 Open relay and port probing
to access or use our or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data.
- 2.3.3 Spoofing
to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you
- 2.3.4 SPAM
Users are not permitted to send multiple unsolicited email (Spam) to single or multiple users including, but not limited to, advertising email.
- 2.4 You must not resell the Services to third parties.
- 2.5 Sharing the Service with more than one household is not permitted.
- 2.6 If you are on a residential plan you may not use the Service for commercial purposes.
- 2.7 If you are on a business plan you may only use the Service within your business premise.
- 3.1 You are responsible for maintaining the secrecy and confidentiality of all access information required by You to access the Service.
- 3.2 You agree not to disclose information pertaining to any access information, or other confidential information relating to the Service, to any other person, corporation, entity or organisation.
- 3.3 Should you lose your username and/ or password, or suspect that it is in use by another party, you must notify us immediately. You will be liable for all fees resulting from use of the Service accessed through your access information, regardless of whether it was authorised by you or not.
- 4.1 Any failure to obey these rules or if a specific complaint has been made from any person or company about your activities, we will investigate.
- 4.2 We may disconnect the Services immediately without notice or liability if we incur costs as a result of any breach of the Acceptable Service Policy. We may also add an additional charge and possibly prosecute.
WorldNet Web-site Disclaimer
WorldNet makes this web-site as safe and secure as possible. However WorldNet accepts no responsibility for the safety of this web-site and users access this web-site at their own risks.
The contents of this web-site are solely informational and WorldNet make no assurances about the correctness nor safety of any contents or links contained within its web-site. Users access, download, view or use the contents of the web-site and the links contained within at their own risk.
WorldNet reserve the right to make any changes to the web-site and its contents without notice.
The contents of this web-site are copyright by WorldNet or its subsidiaries and may not be copied without permission.
Effective 1st September 2011
UFB Terms and Conditions
- 1-1. In these terms, "we", "our" and "us" means WorldNet Services Limited, "you" means our customer and "services" means all the Ultra Fast Broadband ("UFB") services that we provide to you. "LFC" means the Local Fibre Company and they are Chorus Limited, Enable Networks Limited, Northpower Limited and UltraFast Fibre Limited.
- 1-2. The terms and conditions set out below govern your use of the WorldNet UFB Services. The WorldNet Standard Conditions and Obligations also apply together with all other relevant WorldNet services terms and conditions which can found on the WorldNet website - (http://www.worldnet.co.nz/switch/conditions/#cond).
- 1-3. You agree to be bound by the LFC terms and conditions as set out on the LFC's website and they can be found from below links:
- Installation and Access
- 2-1. You hereby consent or obtain any necessary consents to allow us, the LFC and its contractors to access your premises in order to inspect, construct, install, maintain or replace any equipment installed at your premises for the provision of the UFB services. If you do not own the premises, you will need to confirm that the landlord has given permission for any installation work.
- 2-2. Installation of the UFB services at your premises may require trench excavation. Restoration by the LFC or its contractors of such excavation will be limited to grass restoration only. You will be responsible for any further restoration and the costs associated with such further restoration. This means that the cost of restoration of any paved, concreted, cobbled areas etc. will need to be met by you.
- 2-3. You are liable for all installation costs in relation to the UFB services at your premises. Additional installation charges may incur in addition to the standard setup fee. In such event, we will inform you the charges prior to the installation.
- 2-4. You acknowledge that the copper wiring to your premises may be removed upon completion of the installation and cannot be reinstalled.
- Fixed term and early termination charge
- 3-1. A minimum term contract of 12 months from the date of installation will apply. WorldNet may charge an early termination fee equivalent to the total charges for the remainder of the 12 month term if your WorldNet UFB services are cancelled prior to the expiry.
- 3-2. If you move house during the term of the UFB services, you are liable to pay an early termination fee. In addition, you are liable to pay set up and installation costs at your new premises.
- Availability of service
- 4-1. The UFB services are only available in locations which are sites enabled by us and the LFC. You acknowledge that you may not be able to receive the UFB services at your location.
- 5-1. Unless purchased, all equipment provided by WorldNet and/or the LFC in order to use the WorldNet UFB services will remain WorldNet's property. You are required to notify us when any equipment is lost, stolen or damaged. You must not use the equipment for any purpose other than to access our services and you must not modify or otherwise interfere with the equipment. If any UFB equipment is damaged or unreturned, the customer will be liable for the cost of the equipment and its replacement. In the case of faulty equipment, you will bear the cost of returning equipment for repair and WorldNet will bear the cost of sending replacement.
- Power, Uninterruptible Power Supply and other services
- 6-1. The UFB services require power to operate. To ensure continuation of the UFB services during power outages you should purchase and install a UPS through us. If you choose not to install a UPS you should ensure you have an alternative means of communication in the event that you need to access emergency services.
- 6-2. If you use the UFB services in conjunction with monitored alarms, medical alerts, eftpos and any other health or security related services, YOU MUST CONSULT WITH RELEVANT PROVIDER PRIOR TO THE UFB SERVICES ORDER.
- 6-3. The UFB services do not support fax.