Terms of Service
TELECOMMUNICATION SERVICE ACCESS AGREEMENT CONTRACT
In this agreement the following words and phrases shall have the following means unless the context clearly indicates otherwise:
“thepacific.net”, '"TPNet" "TPN" "We" "Ours" "Us" means THEPACIFIC.NET LIMITED;
“Agreement” means any written agreement between thepacific.net and the customer who has entered into the agreement for provision of Services and equipment and shall include the Terms and Conditions.
“Equipment” means all equipment and software provided to you by thepacific.net in order to provide the Services;
Services means the internet and telecommunications services as specified in the Agreement between thepacific.net and yourself;
“Terms and conditions” means the terms and conditions contained in this document;
thepacific.net provides its services, as they may exist from time to time ("Service") to users who pay for these services.
2.1 thepacific.net shall provide the Services to you with reasonable care and skill. thepacific.net shall make best endeavors that the Services are reliable and are of a high standard although does not guarantee that the Services will be continuous or fault free.
2.3 After an Agreement has been entered into by the parties, thepacific.net shall as soon as reasonably practical, arrange for the installation of Equipment at your specified site. It is your responsibility at your own expense to secure and maintain all necessary approvals and consents for the installation of the Equipment at your site, and for the right of access for thepacific.net or their agent to install and maintain the Equipment supplied by thepacific.net.
2.3 thepacific.net shall be entitled at any time to alter, at its own expense, the mechanism or method that Services are provided as long as any such alteration shall not, diminish, impinge or otherwise reduce the quality, capacity or accessibility of the Services.
3.1 The minimum age to register for these Services is 18.
3.2 We need to be provided with accurate and complete information, including your legal name, physical address where our connection is located, telephone number during business hours, and postal billing information. You must report to us all changes to this information within 30 days of the change.
3.3 You are responsible for all charges to your account until you terminate your account pursuant to Section 11.
4.1 Fees for recurring services are payable monthly in advance.
4.2 We reserve the right to change prices and institute new fees at any time upon thirty (30) day’s prior notice, which may be given by email.
5.1 All equipment supplied during the installation to achieve a connection to our services remains our property, including, but not limited to, all cables, aerials, E-Boxes and the CPE, (Customer Premises Equipment - the equipment we provide to enable your service).
5.2 The equipment is not to be removed or tampered with in anyway without our express written permission.
5.3 The customer must not deface, obliterate or remove any label or mark which identifies the ownership of the Equipment; or do any other act which may adversely affect or prejudice our ownership rights of the equipment.
5.4 If the equipment is at risk the customer must contact thepacific.net immediately, to prevent damage, or further damage to the equipment.
5.5 You agree to supply at your sole cost electricity sufficient to operate the equipment. To ensure that the Services continue when electricity is unavailable, we strongly recommends you obtain an uninterrupted power supply (UPS) unit.
5.6 You shall be liable for any loss (including by fire or theft), or damage caused to the Equipment. It is your responsibility to effect insurance cover if you elect to do so, against potential liability under this clause.
5.7 The point of demarcation for the install is the "E-Box" or "Power injector". All additional costs incurred i.e. network cabling, network cards, I.T. support (configuration) are the responsibility of the customer.
5.8 We does not accept any liability for damage done to the customer’s equipment or network.
5.10 You agree that we have the right upon reasonable notice, during the term of the Agreement, to enter your specified site in order to maintain, replace or repossess the equipment or where we have reasonable grounds to believe, that you are not complying with your obligations under the Agreement.
6.1 You must use our service in a fair, reasonable and responsible manner and in accordance with standard etiquette for internet users.
You agree not to use the Internet services or attempt to use or allow the Internet services to be used:
Reported monitoring of a customer's service will only be provided if requested in writing by the current account holder, and subject to a monitoring fee or compelled by legislation.
8.1 You assume full responsibility and risk for use of the Service and the Internet. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. thepacific.net does not warrant that the Services will be uninterrupted or error-free or that any information, software, or other material accessible via the Service is free of viruses, or other harmful components. thepacific.net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THEPACIFIC.NET OR ON THE INTERNET GENERALLY. No advice or information given by thepacific.net or its representatives shall create a warranty.
thepacific.net and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Service of the Internet including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages.
8.2 The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the Service through your account. thepacific.net has no control over and accepts no responsibility for such materials. All content accessed by the customer, through the Service, is accessed and used by you at your own risk, and thepacific.net, its affiliates, subcontractors, employees and agents, shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by you. thepacific.net specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of merchandise provided through the Service or on the Internet.
8.3 This risk of eavesdropping exists on the Internet and other services to which access is provided by thepacific.net as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by you or to you is sent at your sole risk, and thepacific.net, its affiliates, subcontractors, employees or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions.
9.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, then your sole and exclusive remedy is to terminate your account with thepacific.net and this Agreement by one of the methods outlined in Section 11 and discontinue using the Service.
9.2 Our cumulative liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service owed to us. UNDER NO CIRCUMSTANCES ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, or if any limited warranty or limited remedy fails of its essential purpose.
This agreement is binding upon the person/people/company who signs it, from the date it was signed until such time as both parties terminate the contract. Note that if the account is terminated due to unpaid invoices the customer is still liable for the amount owing, plus any fees or interest incurred while obtaining the outstanding balance. This includes legal fees.
11.1 During the first 30 days after activation, if you are not completely satisfied with the Service, you may cancel your service and receive a full refund for any monthly access fees and connection charges applicable (but not installation charges) if the equipment is returned to us in good condition.
11.2 You may terminate your account and this Agreement by providing notice of intent to terminate to thepacific.net by the following methods only: NZ mail (fast post) to thepacific.net P.O. Box 3232 Richmond, Nelson 7050 or email to firstname.lastname@example.org. Your termination will only be complete upon receipt of written confirmation.
11.3 You may cancel your account at any time but the actual cancellation of your account will occur at the end of the billing cycle in which we receive written notification of your desire to cancel. Fibre connections require 30 days notice of termination - this is a requirement of the network operator.
11.4 Without prior notice, thepacific.net may terminate this Agreement, your password, your account, or your use of the Service, for any reason, including, without limitation, if thepacific.net, in its sole discretion, believes you, or any person who has access to the Service through your account, have violated this Agreement.
11.5 Sections 4, 9, and 14 of this Agreement shall survive termination of this Agreement.
11.6 thepacific.net may provide termination notice to you by: email addressed to your email account, or by N.Z. Mail or courier service to the address registered for the Service. All notices to you shall be deemed effective thirty (30) days after they were initially sent.
You shall pay to thepacific.net the following payments:
12.1 You agree to pay the payments referred to above without set-off, counterclaim or deduction.
12.2 thepacific.net may charge interest at the rate of 5% per month on any payments under the Agreement which remains unpaid after 30 days from the due date for payment.
12.3 If your account is delinquent, it may be suspended or cancelled at our sole discretion. We may charge a fee to reinstate a suspended account.
12.4 All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. If you have questions about charges to your account contact our Accounts department at +64 3 543 9094 or email email@example.com
13.1 thepacific.net may allocate phone numbers, electronic addresses and other codes to you in respect of the Services. You will not have any ownership rights in those numbers, addresses and/or codes and you may not transfer them to anyone else.
13.2 If required by law or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, thepacific.net will always give you as much notice as reasonably possible of any such change.
13.3 If you subscribe to a phone service form thepacific.net and wish your details to be available through directory assistance and/or in the phone book then at your request thepacific.net will pass your name, number and address to http://yellow.co.nz/whitepages. You agree that Whitepages can use your details for those purposes and that thepacific.net will not be responsible for any errors or omissions.
All disputes relating to this Agreement or the Service shall be resolved by arbitration.
14.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflicts of law provisions. Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
14.2 Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party.
You authorise us to use any personal information collected about you, for the purposes of