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Entersurf
TERMS
AND CONDITIONS:
Effective
03 May 2002
These terms
and Conditions are the complete agreement between you ("the User"),
and Entersurf ("the ISP") and replace any prior communications
between us. Set-up of any Entersurf account by the User via any medium
is deemed acceptance of these terms and conditions..
Glossary
of Terms
"the ISP" means: Entersurf
"Services" means: Provision of access to any kind to the Internet
and the associated software, databases, data, information and all other
material, and ancillary services including, but not limited to, reception
of and transmission of data, supply and/or installation of hardware,
software, electronic storage, helpdesk or consultancy services.
"GST" is the Goods and Services Tax under the Goods and Services
Act 1985.
"User" includes bodies corporate or unincorporated, partnerships,
trusts, local or public authorities and any other entities or combinations
thereof. Where a pronoun is used in this document, it should be read
to include "he", "she", "his", "her",
"hers" or "its".
Notes
to the Terms and Conditions
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AT
ANY TIME YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES and must send
notice of account cancellation in writing to the ISP. The user remains
liable for any applicable charges incurred. No penalty will apply to
such cancellations except as otherwise specified in these Terms and
Conditions and that any time remaining on prepaid plans will be forfeited.
The ISP
reserves the right to modify the Terms and Conditions, the services
or the fees charged for any of its services at any time. The ISP will
give existing customers at least 7 days notices of any changes to its
Terms and Conditions by sending an email message to their email address
as recorded on file.
The User
acknowledges that it is their responsibility to keep us updated of any
change of email address and to read the updated Terms and Conditions
upon receipt of such message.
The ISP's
current rates and charges may be obtained from our web pages or by contacting
the ISP.
Each part
of these Terms and Conditions is severable from the remainder and if
any part is proven illegal, void, invalid or unenforceable - the legality,
effectiveness and validity and enforceability of the remainder of these
Terms and Conditions still applies.
Entersurf
reserves the right to change pricing and account plans without notice.
Typing errors are exempt of enforcement. Title is non-transferable from
one User to another.
Business
and Domestic Use - Consumer Guarantees Act 1993
These terms and conditions apply to both business and private use of
our services. If you the User are not acquiring our services for purpose
of a business (as defined in the Consumer Guarantees Act 1993), then
the Act applies and nothing in these terms or conditions limits your
rights under it.
Subscriptions
and Termination
You the User must be at least 18 years old to register for this service.
In the event of Prepaid Monthly Accounts, either party may terminate
the contract upon the supply of one month’s written notice. In
the event of illegal practices, abusive use, non payment or breaching
of these terms and conditions by the user, the ISP may terminate access
to services without notice and without financial penalty to the ISP.
The User will remain liable for any monies and penalties owed to the
ISP. The User will indemnify the ISP from any financial loss including
third party resulting from such events.
In the event of Annual Prepaid Accounts, the user may terminate the
contract at any time by giving one month’s written notice. No
credits shall be issued. Should the user wish to reinstate the account
during the original contract period, a $50 administration fee shall
apply. In the event of illegal practices, abusive use, or breaching
of these terms and conditions by the user, the ISP may terminate access
to services without notice, without penalty to the ISP or refund to
the user. The User will remain liable for any monies and penalties owed
to the ISP. The User will indemnify the ISP from any financial loss
including third party resulting from such events.
If you the User request cancellation, the process is considered complete
upon your receipt of a written confirmation from Entersurf.
Upon termination of the User's access to the services, all payments
due by the User to the ISP under these Terms and Conditions will be
immediately due and payable, and the User agrees that any such monies
will be paid to the ISP immediately upon demand.
In the event of the User's account being suspended for non payment or
breach of any of the terms and conditions a reconnection fee shall apply,
should the ISP later choose to reinstate the User's account. That fee
shall be $50.
In the event of non payment the User undertakes to pay the outstanding
debt along with all costs associated with debt recovery including debt
recovery services by any third party.
The User undertakes to pay interest at a rate of 1.5% per month on outstanding
balances until all monies are settled in full.
The ISP reserves the right to refuse subscription to any services without
giving a reason for such refusal.
The provisions of the clauses "Liability" and "Business
and Domestic Use - Consumer Guarantees Act 1993" shall survive
termination of the User's access to services.
Use of the Services
Phone support is included for set-up and Internet related technical
problems on all dialup accounts and hours of availability are advertised
on our website.
Our ISP
services do not cover: Problems with the User's computer, communication
equipment, software (except for software provided by us) phone line,
the local exchange or any other part of the Internet not forming part
of our network. In addition to this the User isn't covered if the service
is used incorrectly or due to any other event beyond Entersurf's reasonable
control.
At Entersurf's discretion technical support beyond our provisions of
service may be availed to the User, with current workshop or phone support
charges applying.
It is illegal
to view certain types of information (notably certain types of pornographic
material) in New Zealand. Users of the ISP may not break any laws while
using the services. The availability of such material on the Internet
is beyond the ISP's control and therefore the responsibility of the
User.
The User's account can only be used from one permanent location (e.g.
not to be used from home then also as the User's business connection
at work). However, there is no reasonable limit to the number of temporary
locations (when travelling) you may access your account from.
Your password
and connection is for use only by you the User and the immediate household
residing with you or members/company. Passwords are under the User's
control and unauthorised use is entirely your (the User's) responsibility
without exception.
However
if you can produce sufficient evidence that someone has accessed your
account from outside your household/company we can investigate. There
is a minimum fee for this service of $100.00, which may be refunded
provided the following conditions are met:
-Criminal
charges can be laid on the individual that accessed your account.
-You can
prove you took reasonable efforts to maintain confidentiality of your
username and password.
All Users
are expected, and undertake to check their email and our Internet homepage
(www.entersurf.co.nz) regularly for system news and other important
notices.
Liability
Except to the extent that the Consumer Guarantees Act 1993 applies for
non-business users, you agree that the ISP shall not be liable for any
damages whatsoever, including but not limited to, loss of profits, for
any claim made by you even though the ISP may have been notified of
such damages or claim.
For any
claims that you may have in connection with this agreement, your sole
and exclusive remedy against us is limited to the maximum of one months
charge with us.
Except as specifically outlined herein, Entersurf makes no warranties
or conditions, express or implied, including the implied warranties
or conditions of merchantability, quality and fitness for a particular
purpose relating to our service or the service of any other service
provider. Further we disclaim any liability or responsibility arising
from any claim that your access or use of the service or any other provider's
service or products infringes any third party's intellectual property
rights.
Force
Majeur
Neither party is liable to the other for failing to meet its obligations
under the Agreement to the extent that the failure was caused by an
act of God or other circumstance beyond its reasonable control.
Specific
Notes
Any User account may only be used by one person at a time unless express
written permission is granted by the ISP. The ISP reserves the right
to allow only calls originating from predefined phone numbers. The penalty
for having simultaneous logins is $225 (including GST) per simultaneous
login per occurrence.
It is not
policy to disconnect users during normal operation. However The ISP
reserves the right under certain special circumstances to disconnect
customers if necessary
It is your
responsibility to contact your local telephone company to determine
whether the use of a particular dial-in number may incur any additional
charges.
Flatrate plans (i.e. plans with no hourly limit)
These services are not intended for use as a low cost permanent connection.
Home and business dedicated connection options are available on request.
Contact Entersurf for more information.
These plans
are intended for attended and intermittent personal (account user) use
only. If your usage is deemed to be not of this nature The ISP may change
your plan after notification to a plan more fitting with your usage.
This is defined as having an average of 200 hours or more per month
for 2 months in a row, or repeated connections of more than 12 hours
duration (3x in a month, 2x months consecutively). The practice of using
auto diallers to facilitate unattended connections is prohibited.
In the event of repeated misuse the user's account will be upgraded
to dedicated 24 x 7 status and the applicable chargers levied and therefore
owing by the User.
Prohibited
Actions
Users must not interfere with any other user's ability to enjoy ours
or any other service on the Internet by harassment or otherwise.
Users are
not permitted to send multiple unsolicited email (Spam) to single or
multiple users including, but not limited to, advertising email. Users
are also not permitted to involve themselves in any actions that may
be deemed "Hacking". Users are generally expected to obey
the developing rules of Netiquette. These are general rules of good
and considerate behaviour on the Internet as a world-wide community.
You the
User agree that you have not received any warnings, had your account
suspended / closed or had an account declined by any previous Internet
access point or any other ISP.
If the User fails to obey these rules or if a specific complaint has
been made by any person or company about your activities we can investigate
(in conjunction with the police if necessary). We will then make a decision
as to the severity of your actions, or if any breach actually occurred.
This may result in a dismissal of the complaint or a warning. If we
consider the breach to be sufficiently serious (at our discretion) you
agree that we may disconnect your services immediately without notice
or liability to us.
Unacceptable
Practise
The
following are deemed to be unacceptable practise. Should the User participate
in these practises, they will forfeit use of their account including
any pre-paid credits. The User accepts responsibility for the cost to
remedy any situation which arrises from their unacceptable practises.
1. Hacking (Includes attempting to send Trojans, virus's, un-solicited
access, Worms, Nukes, ICMP, floods etc).
2. Spamming or mass mail outs to un-solicited recipients.
3. Harassment. Unreasonable or offensive communication with others.
4. Any activity which is deemed to be in breach of New Zealand Law.
Charges and Billing
The billing cycle for our Internet connections is from the 23rd of each
month to midnight 22nd of the following month.
The ISP
will upon request issue the user a tax invoice (either electronically
or on paper) for use of the services. These can be accessed through
our Control Centre at any time.
All accounts
are due within 7 days and are payable by Cheque, Credit Card, Direct
Credit or Automatic Payment. Plan request changes may be made at any
time, but when made after the 22nd of each month, such requests will
not have deemed to have occurred or will not be implemented until the
1st of the following month. The ISP reserves the right to restrict or
suspend service for non-payment. Credit will not be given for periods
where access to the service has been limited resulting from non-payment.
Credit is only availed at Entersurf's sole discretion.
Credit
References and Information
The ISP may from time to time require the user to provide credit references.
The user irrevocably agrees that the ISP may make any enquiries deemed
necessary to provide or to continue to provide the user with credit
facilities. Services may be terminated without notice if in the ISP's
sole opinion the user becomes a credit risk. The user is entitled to
see, and to correct, any credit information held by the ISP about the
User.
During
the operation of an Internet system, it is occasionally necessary to
monitor information. The ISP reserves the right to monitor any traffic
through the system.
Information
may be recorded electronically - including but not limited to Caller
ID, Duration of call, amount of data transferred and any relevant personal
details.
All customer
information will be kept in accordance with the New Zealand Privacy
Act 1993.
Information
disclosure may be made by Entersurf to satisfy laws, regulations or
governmental requests; to operate the Service properly; to protect itself
or its members or to enhance services that we provide.
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