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Broadband Terms
These product terms form part of your agreement with us and should be read in conjunction with our standard terms and conditions found here. In the event of any inconsistency between these terms and any other clause of the agreement, these terms take precedence.
1. Overview
In this agreement, we have used “we” or “us” for an agent of New Zealand Technology Group providing services for you, “you” for the customer and “service” or “services” to cover all goods and services of any kind we provide and anything else we do. This agreement applies whenever we provide services of any kind or does anything else for you except where a separate written agreement covers other services we provide.
The following Terms apply to customers consuming our Broadband offering(s).
2. Service Options
We provide internet access via various broadband access types allow you to access the internet (Broadband Service).
2.1 Access Types
You may be able to order different access types of Broadband from us, including;
You acknowledge and agree that you have selected plans appropriate to the specific End User type (either business or residential) as defined by the access provider.
2.2 Speed Options
The following broadband speed options are available for these Broadband Services;
2.3 Data usage options
Our plans are either unlimited or subject to a Data Cap which for which our Fair Use Policy applies. Should a Data Cap be exceeded during the measurement period, the service may stop operating, excess data charges will apply, or the service speed constrained . For the purpose of data accounting, 1 Gigabyte is equal to 1024 Megabytes and additional data will be charged per Megabyte.
2.4 Other Service options
You may be able to order a Static IP Address that is manually assigned by us to that your equipment is assigned the same public IP address each time your users access and use the Broadband service.
3. Service Terms
3.1 You agree at the time you accept these terms and conditions that you will be bound by your Local Access Provider’s (LAP) End User Terms , which relate to the provision and use of that part of the network which is located on your premises. We will advise you who your infrastructure provider is at the time of placing your order for our Broadband service.
3.2 If you do not have a suitable broadband router, you may be able to purchase one from us. To obtain the best broadband performance your router must be appropriate to your access type and plan.
3.3 If your agreement is subject to a contracted term period, then early termination will be calculated per the specific terms of the contract you agreed to, or otherwise as per the Standard Terms and Conditions. A typical early termination fee is equivalent to the complete remaining recurring service charges to the end of the contract. This does not apply to an Open Term contract.
3.4 You can change your broadband plan and access type where available once a month, and the request is to be received in writing to our support desk.
3.5 If you select a plan with a Data Cap we may apply a limitation on your broadband speed.
3.6 If you select a plan with unlimited usage, fair and reasonable usage applies. Fair and Reasonable Use is determined as usage that falls into “normal” incidence and use compared to our total client base. Where use is significantly higher than median usage, we reserve the right at discretion to review the service and pricing being provided under your agreement.
3.7 Our plan speeds are the theoretical maximum speeds at which your endpoints may be able to send or receive data. Broadband service plan speeds may be affected by a variety of factors, including and without limitation:
3.8 Because we rely on other upstream providers to deliver data to or from our network, we are unable to guarantee that these speeds will be available to you at all times.
3.9 Other factors may influence the speeds or latency your users can achieve to servers nationally and internationally. Our control of these speeds is limited to its own network. Connections to services outside our network are on a “best effort” basis and it may not be possible for you to achieve desired or expected speeds or latency where you are connecting to equipment outside of our control.
3.10 Service availability and/or network capacity is not guaranteed and is subject to availability at the time of ordering.
3.11 This service does not come with electronic mail (email) or Domain Name/Hosting related services.
3.12 Any public or private IP address’ allocated to you to use as part of the services will remain allocated to you until;
3.12A If you have purchased a “Static IP” service for 1 or more blocks of public IP addressing, we will allocate those IP addresses to you until;
3.13 Any and all bundled phone lines provided on our network require power to operate. If you need to make calls in case of emergency during a power outage, you should maintain a cell phone connection or obtain a UPS (Uninterrupted Power Supply). Please review our content regarding the 111 Emergency Contact Code on this website.
3.14 If you have a medical alarm, fire alarm, or security alarm you should check with your Service Provider to ensure that the service is compatible. We are not liable for any costs related to incompatibilities, death, injury, or loss of income caused by a change to our Broadband Service.
3.15 You consent to us sharing information about you with your Local Access Provider to the extent necessary for the provision of the Broadband Service to you. No right or benefit is conferred on you by the LAP.
3.16 You consent to allow us and our contractors to access your premises in order to construct, install, inspect, maintain or replace any equipment installed at your premises for the provision of the Broadband Service, or remove it from your premises and you will ensure we and our representatives have safe access to your premises for these purposes.
3.17 If you are not the owner of the premises, you must obtain the owner’s consent for the Fibre Broadband Service to be installed. You agree that the installation of the Fibre Broadband Service at your premises is on the basis of the request that you have made to us and that we have relied upon your authority to make this request.
3.18 You are liable for all installation costs in relation to the Broadband Services at your premises. Installation costs will be set out on your first Broadband Services invoice.
3.19 You acknowledge that the cancellation of an order for Fibre Broadband services will result in a cancellation fee in accordance with the specific contract you have agreed to or within our standard Terms and Conditions of Trade, only if notice of cancellation is not given within 48 hours of the scheduled installation/connection date.
3.19A You acknowledge that transferring your Fibre Broadband services to a new Retail Service Provider will be considered by Us to be a breach of your service contract with Us in accordance with our Standard Terms and Conditions of Trade. We reserve the right to terminate your agreement with Us for Fibre Broadband services, if we receive notice from our Local Fibre Company that the service we are providing you has been transferred to a new Retail Service Provider, or terminated by a party other than ourselves.
3.20 You acknowledge that installation of Fibre Broadband Services at your premise may require trench excavation. Restoration by us or our 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 and such areas will need to be met by you.
3.21 You will be obliged to be present at your premises during the installation of your Broadband Services.
3.22 If you receive free installation of Fibre Broadband Services at your premise or subsequent premises and disconnect these services within the first 12 months, we may be charged an early termination fee by your LAP. In this case you will be liable to pay in full this early termination fee, even if;
3.23 The copper wiring to your premises may be removed upon completion of the installation if your Fibre Broadband Services and may not be reinstalled. If the copper wiring is removed, you acknowledge that you understand that only Fibre Broadband and Internet Voice services will be available at your premises.
3.24 You must not tamper with or remove any of the equipment or devices installed in relation to the Fibre Broadband Services or you will be liable for all costs associated with repairing or replacing.
3.25 No guarantee of up-time, service level agreement, response time, or warranty is implied. Such guarantees are detailed in the respective product terms and conditions where applicable.