Conditions and Obligations
1. DEFINITIONS
1.1. “Equipment” means any device installed at the Customer’s property necessary to provide the Services to you.
1.2. “Internet Service” means any kind of Internet access or VoIP service we provide to you.
1.3. “Network” means the communication network infrastructure required to provide data services.
1.4. “Services” means all the services that we provide to you.
1.5. “Service Agreement” means these Terms of Service as amended by us from time to time in writing.
1.6. “We”, “Our” and “Us” means Rural Wireless Limited.
1.7. “You” or “the Customer” means the person/s or entity or any persons(s) acting with ostensible authority on behalf of that entity or person who engages the use of our Services. “Your” has a corresponding meaning.
2. INTERPRETATION
2.1. A reference to the singular includes the plural and vice versa.
2.2. If “You” or “I” is more than one party then those parties have a joint and several liability.
2.3. Headings are for convenience only and do not affect the interpretation of any provision.
3. THIS AGREEMENT
3.1. The Service Agreement will apply to all Services supplied by us to you, at any time, unless otherwise agreed in writing by us.
3.2. If you do not agree to be bound by all of the terms of the Service Agreement at any time you must immediately cease use of the Services and advise us of your concerns.
3.3. We reserve the right to modify the Service Agreement, the Services or the fees charged for any of the Services at any time. Such variation will become effective 30 Days after notice of the variation on our website under ‘Terms of Service’ and ‘Acceptable Use Policy’.
3.4. 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 will still apply.
3.5. A minimum term of twelvemonths applies to all connections. This term may be reduced to twelve months if approved in writing by us. The agreement will roll over after the end of the initial term unless cancelled with a minimum of one months notice in writing.
3.6. You must be at least 18 years old. If you are under 18 years old, permission from a legal guardian is required.
4. OUR LIABILITY TO YOU
4.1. All Services under the Service Agreement are provided “as is” without any warranty or representation of any kind including but not limited to the suitability or security of any Services provided under this Service Agreement.
4.2. We cannot guarantee that our Services will be fault free or continuous. We are not liable for:
(a) Any inconvenience or loss of revenue you may suffer as a result of any downtime;
(b) Any loss caused by you or any loss which is attributable to you failing to take all reasonable steps to mitigate your loss;
(c) Any loss of data;
4.3. Where we install equipment at your property we shall not be liable for any damage caused apart from any damage resulting from our own negligence.
4.4. To the maximum extent permissible at law the provisions of the Consumer Guarantees Act 1993 are excluded under this Service Agreement. In no circumstances will the provisions of the Consumer Guarantees Act 1993 apply to any Services rendered for business purposes.
4.5. Our liability with respect to all warranties and conditions imported on us by the Contract and Commercial Law Act 2017, the Fair Trading Act 1986 and all other applicable legislation will be fully excluded to the full extent permissible at law, and in the event such liability cannot be excluded will only apply to the minimum extent allowable by law.
5. YOUR RESPONSIBILITIES
5.1. You must use the Services for lawful purposes only and comply with all applicable national and international laws.
5.2. You agree to notify us immediately of any change of your address, phone number or preferred contact email address.
5.3. You must make sure that all information you give us about yourself or your business is correct.
5.4. You must comply with our “Acceptable Use Policy”.
5.5. You agree to make sure that anyone else who uses the Services that we provide to you also abides by the terms of this Service Agreement.
5.6. You must comply with any terms and conditions of Third-Party Service Provider(s) applicable to the access or use of the Services.
5.7. If we install Services at your property 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.
5.8. You must provide us with all material information and assistance as well as reasonable access to your property to enable us to install, maintain, repair or remove (in the case of termination of the Service Agreement) the Services and/or Equipment as required.
6. PAYMENT
6.1. Prior to agreeing to provide Services to you we reserve the right to check your identity and/or your credit status with any credit reference agency and thereafter as required from time to time.
6.2. 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 Services.
6.3. If full payment for the Services has not been made on its Payment Due Date, we may charge an administrative fee of $10.00, 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 on a solicitor own client basis. We also reserve the right to disable your connection.
6.4. 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.
6.5. All payments are non-refundable unless specified.
6.6. You must not withhold payment of any amount set out in an invoice, regardless of whether you believe there is a mistake.
6.7. Fixed monthly fees will be invoiced in advance unless stated otherwise.
6.8. Data plans and VoIP payments must be made by automatic payment or bank deposit on the first day of each month or on the Payment Due Date shown on the invoice. If there are insufficient funds available to meet debits from your account, your account may be suspended until such time payment is made.
6.9. Your Invoice can be accessed at any time using your login details to your account.
6.10. All products and services exclude Government sales tax if applicable.
7. EQUIPMENT
7.1. Where we provide any Equipment to you, you agree that ownership of that Equipment will not pass until you have paid for the Equipment in full.
7.2. You may not charge or grant any encumbrance over the Equipment or otherwise give away any interest in the Equipment while the Equipment is owned by us.
7.3. In the event that you terminate this Service Agreement prior to the end of the contract term before payment of any Equipment provided has been made in full then you must pay all remaining amounts owing in relation to any Equipment at which point ownership will pass to you.
7.4. We are not liable for the cost to repair or replace the Equipment in the event the Equipment is damaged, lost or stolen while under your control.
8. SUSPENSION OF SERVICES
8.1. We may suspend, disconnect or discontinue the Services in whole or in part at any time without notice and without compensation if in our reasonable opinion:
(a) Any Network or Equipment fails or requires maintenance;
(b) The Health and Safety of you or any other person is at risk;
(c) You fail to pay your invoice when due or in our reasonable opinion we consider you are a credit risk;
(d) A receiver is appointed over any of your assets or undertakings;
(e) You go into voluntary liquidation, amalgamate with another company or acquire your own shares in accordance with the Companies Act 1993;
(f) You suspend payments to your creditors or you make or attempt to make an arrangement or composition of scheme with your creditors;
(g) You become insolvent or bankrupt within the meaning of the Insolvency Act 2006 or the Companies Act 1993.
(h) You do not comply with any of the terms of this Service Agreement or a related third party agreement.
8.2. We may charge for reconnection or resumption of the Services and require revised terms and conditions of the Service Agreement following such suspension, disconnection or discontinuance.
9. TERMINATION
9.1. You may terminate the Service Agreement at the end of your contract term with at least 30 days advance written notice.
9.2. We may charge an Early Termination Fee or Standard Service Fee for the serviced period if you terminate the Service Agreement within the minimum term.
9.3. Upon termination of your access to the Services, all payments due by you to us under the Service Agreement will immediately become due and payable.
9.4. Special free or subsidised installation offers apply to our 12, 24 and 36 month term contracts at our sole discretion from time to time. If the data service is cancelled or
payment ceases during the term, the outstanding service plan term balance becomes payable in full. We reserve the right to reposes any Equipment not paid for in full at our sole discretion.
9.5. We may terminate the Service Agreement or the supply of any Services in whole or part by giving written notice to you with immediate effect if:
(a) You fail to pay us a charge by its Payment Due Date; or
(b) We have reasonable cause to believe that you are unable to pay your debts as they fall due.
9.6. We reserve the right to refuse subscription to any Services without giving a reason for such refusal.
9.7. We will only accept cancellation by, postal mail or electronic mail. Any notice of cancellation is only effective once received by us. You are responsible for cancelling your automatic payment.
9.8. Charges for the full month will apply, even if you did not use the Services at all during the month or terminate the Services part way through the period for which you have been billed unless we agree otherwise.
10. PROVISION OF SERVICES
10.1. Due to the complex nature of the Services, availability, underlying infrastructure and other providers to deliver the data, we may not be able to provide the Services or plan speeds to everyone.
10.2. The quality of the Services may also vary depending on location, internet traffic and other factors beyond our reasonable control. We cannot guarantee that our Services will always be available and stable and we are not liable for any loss arising from any act of God, earthquake, strike, flood, drought or storm or any other event beyond our reasonable control.
11. PRIVACY
11.1. You agree that we can use your personal information for the following purposes:
(a) To provide you Services, including through our contractors; or
(b) To invoice; or
(d) For collection purpose of overdue account; or
(e) To send marketing materials, electronic or otherwise.
Your personal information will be kept confidential and will not be provided to any third party without your approval, subject to clause 11.2 below.
11.2. You agree that we can disclose any information about you, whether collected by us from you directly or obtained by us from any other source, to any credit provider or credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.
11.3. You agree that we may record or monitor calls to us for training purposes and to improve service quality.
11.4. You have the right to request from us a copy of the information about you retained by us and the right to request us to correct any information about you held by us.
12. WHAT YOU CAN NOT USE THE SERVICES FOR
12.1. You are not authorised to access our computer systems or networks for any purpose other than to use the Services or access your own personal account details.
12.2. You must not use the Services in a way which results in you or us breaching, or being involved in a breach of a law, interfering with the proper operation of the Services or any other part of our network or systems.
12.3. You must not use the Services, attempt to use the Services or allow the Services to be used:
(a) Virus and denial of service attacks in connection with any program (including a virus, Trojan horse, worm, cancel-bot, 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).
(b) 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.
(c) 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.
(d) Sending multiple unsolicited emails (Spam) to single or multiple users including, but not limited to, advertising email.
(e) In any way that may be considered abusive, inappropriate or fraudulent.
12.4. You must not resell the Services to third parties. Sharing the Service with more than one premise is not permitted without written permission from Rural Wireless Ltd.
13. YOUR ACCOUNT
13.1. You are responsible for maintaining the secrecy and confidentiality of all access information required by you to access the Services.
13.2. You agree not to disclose information pertaining to any access information, or other confidential information relating to the Services, to any other person, corporation, entity or organisation.
13.3. 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 Services accessed through your access information, regardless of whether it was authorised by you or not.
14. DISPUTE RESOLUTION
14.1. If a dispute arises between the parties to this contract then either party must send to the other party a notice of dispute in writing which adequately identifies and provides details of the dispute. Within fourteen (14) days after service of such a notice, the parties will meet in good faith to attempt to resolve the dispute.
14.2. At any such meeting, each party may be represented by a person having authority to agree to a resolution of the dispute.
14.3. If the dispute cannot be resolved after such a meeting, either party may by further notice in writing, refer the matter to an arbitrator.
14.4. The arbitration will be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days from the date of the further notice then to be appointed by the President for the time being of Manawatu District Law Society.
14.5. Any dispute will remain confidential between the parties and their representation.
15. UNSOLICITED ELECTRONIC MESSAGES ACT 2007
15.1. You hereby provide your express consent to receiving from us commercial electronic message, in any form pursuant to the Unsolicited Electronic Messages Act 2007.
16. GENERAL TERMS
16.1. 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.
16.2. 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.
16.3. Equipment supplied for the purpose of receiving broadband at the customers premise is covered by a full 12 month warranty. Equipment failure out of warranty will incur a repair cost which is to be paid for by the customer within seven days of repair.
16.4. All data plans including top up data expires on the last day of each month.
16.5. Special free or subsidised installation offers apply to our 12, 24 and 36 month term contracts. If the data service is cancelled or payment ceases during the term, the outstanding term balance becomes payable in full.
16.6. This Service Agreement will be interpreted in accordance with and governed by the laws of New Zealand.
16.7. We may license, sub-contract, or assign any rights and obligations under this Service Agreement without your consent, including any debt owing to us by you. You must not assign all or any of your rights or obligations under this Service Agreement without our written consent.
16.8. Failure by us to enforce any of the terms, conditions and obligations in this Service Agreement will not be deemed to be a waiver of such terms, conditions and obligations by us.
FAIR USE POLICY
All our Services are subject to what we regard is Fair Use. We may apply this Fair Use Policy where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.
We have developed this Fair Use Policy by reference to average customer profiles and estimated customer use of our Services. If your use of our Services excessively exceeds your data subscription over any month, then your use may be deemed excessive and/or unreasonable. If your use of our Services exceeds estimated use patterns over any month, then your use may be deemed excessive and/or unreasonable. If your use is excessive and/or unreasonable Rural Wireless may in the first instance contact you to advise that your use is in breach of this Acceptable Use Policy
We may then request that you stop or alter your use to come within our Fair Use Policy. If you’re excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify your data plan or restrict your use of our Services. In extreme cases we may withdraw your access to our services altogether.
